[Federal Register Volume 86, Number 14 (Monday, January 25, 2021)]
[Rules and Regulations]
[Pages 6848-6850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01306]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2020-0800; Airspace Docket No. 20-ANM-43]
RIN 2120-AA66
Revocation of Class D and Amendment of Class E Airspace;
Gillette, WY
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action removes the Class D airspace, establishes a Class
E surface area, modifies the Class E airspace as an extension to the
surface area and modifies the Class E airspace extending upward from
700 feet AGL at Northeast Wyoming Regional Airport, Gillette, WY. In
addition, this action removes the VOR/DME from the legal description
and replaces the outdated term Airport Facility/Directory with the term
Chart Supplement. It also makes two minor administrative corrections
noted in the Notice of Proposed Rulemaking (NPRM); the airport name is
updated and the Class E surface area is identified as new airspace
rather than amended airspace.
After being informed that the Airport Traffic Control Tower at
Northeast Wyoming Regional Airport is closed permanently, the FAA found
it necessary to create new airspace and amend the existing airspace for
the safety and management of Instrument Flight Rule (IFR) operations at
this airport.
DATES: Effective 0901 UTC, April 22, 2021. The Director of the Federal
Register approves this incorporation by reference action under Title 1
Code of Federal Regulations part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.
ADDRESSES: FAA Order 7400.11E, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA).
For information on the availability of FAA Order 7400.11E at NARA,
email [email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
FOR FURTHER INFORMATION CONTACT: Richard Roberts, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S. 216th Street, Des Moines, WA 98198; telephone (206) 231-2245.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code (U.S.C.). Subtitle I,
Section 106 describes the authority of the FAA Administrator. Subtitle
VII, Aviation Programs, describes in more detail the scope of the
Agency's authority. This rulemaking is promulgated under the authority
described in Subtitle VII, Part A, Subpart I, Section 40103. Under that
section, the FAA is charged with prescribing regulations to assign the
use of airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it removes the Class D, establishes a Class E surface
area, modifies the Class E airspace as an extension to the surface area
and modifies the Class E airspace extending upward from 700 feet AGL at
Northeast Wyoming Regional Airport, Gillette, WY to support IFR
operations.
History
The FAA published a notice of proposed rulemaking in the Federal
Register (85 FR 57806; September 16, 2020) for Docket No. FAA-2020-0800
to remove the Class D airspace and modify the following: Class E
surface area, the Class E airspace as an extension to the surface area
and the Class E airspace extending upward from 700 feet AGL at
Gillette-County Airport, Gillette, WY, in support of IFR operations.
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. One
comment was received with multiple concerns. The commenter was troubled
by the language used in the NPRM and concerned it would create
difficulty in converting the airspace from Class D to Class E for the
airport management team. This included logistical and technical steps
in changing the airport structure, definitions of Class D and Class E
airspace, equipment and techniques used for changing the airspace, who
will monitor the change process, the airport management team's role and
responsibilities in completing the change, and an expected timeline.
While additional information needed by the airport management team is
available and a point of contact provided, no one got in touch with
this office or the facility with jurisdiction for the overlying
airspace to enquire about information contained in the NPRM. The
request for comment was based on the belief that the commenter has a
basic knowledge of and understanding about airspace and the equipment
and operating rules for each class of airspace. Controlled airspace is
airspace of defined dimensions within which ATC service is provided to
IFR and VFR flights in accordance with the airspace classification.
Within controlled airspace, all aircraft operators are subject to
certain qualification, operating, and aircraft equipage requirements
(see Title 14 CFR part 91). Controlled airspace in the United States is
designated in 14 CFR part 71. Changing the airspace designation is an
administrative task. It involves no actions to the physical environment
of the airport or its structures. The ``timeline'', also known as the
effective date, of the change in the airspace designation has been
determined by FAA orders to ensure safety in execution of that change.
The commenter was also concerned that issues related to possible
effects on the entire airport, including civil aviation and the
airport's overall safety, were not considered in the proposed rule. In
addition, the commenter had questions regarding what standards and
criteria were to be used in considering the effectiveness of the
changes. The airspace design specialist establishes, modifies or
revokes airspace based on criteria documented in FAA Orders by their
Flight Standards Division and Airspace Policy Regulations Group. The
specialist takes into account, as a prime consideration, the safety and
efficiency of air traffic operations in consultation with local Air
Traffic Control. In addition, the facility with jurisdiction over the
airspace conducts and documents a safety risk analysis to
[[Page 6849]]
consider potential safety issues with the new airspace before
implementation. Post implementation, the Air Traffic Control facility
managing air traffic in the area takes appropriate action to resolve
observed or reported issues.
Additional concerns by the commenter included the lack of details
on precautions for airspace changes amid a public health crisis. There
is no face-to-face interaction required between FAA personnel and the
airport management team so there is no increased risk due to the public
health crisis.
Finally, the commenter identified the importance of considering
both long-term and short-term environmental costs during the proposed
rule to provide a comprehensive expectation of the costs for the public
before the application phase of the rule. The proposal is reviewed for
environmental impacts and extraordinary circumstances that might arise
from the proposal. The FAA completed an environmental review and there
are no significant environmental costs anticipated with the rule. It
should be noted that the airspace does not define where aircraft can
fly or do fly, it only defines specific equipment requirements and
pilot responsibilities for each class of airspace.
Class D and E airspace designations are published in paragraph
5000, 6002, 6004 and 6005 of FAA Order 7400.11E, dated July 21, 2020
and effective September 15, 2020, which is incorporated by reference in
14 CFR 71.1. The Class D and Class E airspace designations listed in
this document will be published subsequently in the Order.
Availability and Summary of Documents for Incorporation by Reference
This document amends FAA Order 7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020, and effective September 15,
2020. FAA Order 7400.11E is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11E lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.
The Rule
The FAA is amending 14 CFR part 71 by removing the Class D airspace
and establishing a Class E surface area. The FAA is also modifying the
Class E airspace as an extension to the Class E surface area and the
Class E airspace extending upward from 700 feet AGL at Northeast
Wyoming Regional Airport, Gillette, WY.
The FAA was informed that the Airport Traffic Control Tower at
Northeast Wyoming Regional Airport is closed, which is a basic
qualification for the establishment of Class D airspace. As a result,
the FAA is removing the Class D airspace and establishing a Class E
surface area at the airport. The Class E surface airspace is
established at 5 miles to ensure departures are contained in the
surface area until reaching 700 feet AGL.
The Class E airspace extending upward from the surface as an
extension to the Class E surface area is expanded to 3.4 miles each
side of the 170[deg] bearing from 3 miles to 12 miles (formerly 12.2
miles) south of the airport. This adjustment will protect aircraft as
they descend through 1,000 feet AGL, while using the RNAV and ILS
approaches to runway 34.
The Class E airspace extending upward from 700 feet is modified to
within 4 miles each side of the 170[deg] and 350[deg] bearings (reduced
from 6.1 miles east and 8.3 miles west) and extends 14 miles south
(reduced from 15.3 miles) and 11 miles north (reduced from 16.1miles).
The additional airspace is no longer needed to protect departing
aircraft to 1,200 feet and arrivals as they descend through 1,500 feet
AGL. This action removes the Class E airspace extending upward from
1,200 feet as it is redundant with the Denver E6 airspace and no longer
needed.
In addition, the use of the term Airport Facility/Directory is
replaced with Chart Supplement and the legal descriptions for the Class
E airspace extending upward from the surface as an extension to the
Class E surface area and the Class E airspace extending upward from 700
feet is rewritten to eliminate the use of the VOR/DME as a reference
point. The VOR/DME is no longer needed to adequately describe the
airspace.
Following publication of the NPRM in the Federal Register the name
of the airport was changed to Northeast Wyoming Regional Airport this
action updates the name and the geographical coordinates to match the
FAA database. Also, the Class E surface area was identified in the NPRM
as being amended. This was in error. This airspace was new airspace
established to replace the Class D airspace. This action correctly
defines the Class E surface area as new airspace.
FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.
Regulatory Notices and Analyses
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order (E.O.) 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
Environmental Review
The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS
0
1. The authority citation for part 71 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
Sec. 71.1 [Amended]
0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting Points, dated July, 21, 2020 and
effective September 15, 2020, is amended as follows:
Paragraph 5000 Class D Airspace.
* * * * *
[[Page 6850]]
ANM WY D Gillette, WY [Remove]
Gillette-Campbell County Airport, WY
(Lat. 44[deg]20'56'' N, long. 105[deg]32'22'' W)
Paragraph 6002 Class E Airspace Designated as Surface Areas.
* * * * *
ANM WY E2 Gillette, WY [New]
Northeast Wyoming Regional Airport, WY
(Lat. 44[deg]20'56'' N, long. 105[deg]32'22'' W)
That airspace extending upward from the surface to and including
6,900 feet MSL within a 5-mile radius of the Northeast Wyoming
Regional Airport. This Class E airspace is effective during the
specific dates and times established in advance by a Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Chart Supplement.
Paragraph 6004 Class E Airspace Areas Designated as an Extension to
a Class D or Class E Surface Area.
* * * * *
ANM WY E4 Gillette, WY [Amended]
Northeast Wyoming Regional Airport, WY
(Lat. 44[deg]20'56'' N, long. 105[deg]32'22'' W)
That airspace extending upward from the surface within 3.4 miles
each side of the Northeast Wyoming Regional Airport 170[deg] bearing
extending from the 5-mile radius to 12 miles south of the airport.
Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.
* * * * *
ANM WY E5 Gillette, WY [Amended]
Northeast Wyoming Regional Airport, WY
(Lat. 44[deg]20'56'' N, long. 105[deg]32'22'' W)
That airspace extending upward from 700 feet above the surface
of the earth within 4 miles each side of the Northeast Wyoming
Regional Airport 170[deg] bearing extending from the 5-mile radius
to 14 miles south of the airport, and that airspace 4 miles each
side of the 350[deg] bearing extending from the 5-mile radius to 11
miles north of the airport.
Issued in Seattle, Washington, on January 14, 2021.
Byron Chew,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2021-01306 Filed 1-22-21; 8:45 am]
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