[Federal Register Volume 86, Number 114 (Wednesday, June 16, 2021)]
[Rules and Regulations]
[Pages 31907-31908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12662]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0208; Airspace Docket No. 21-ANM-5]
RIN 2120-AA66


Modification of Class E Airspace; Missoula, MT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies the Class E airspace extending upward 
from 1,200 feet above the surface at Missoula International Airport, 
Missoula, MT.

DATES: Effective 0901 UTC, August 12, 2021. The Director of the Federal 
Register approves this incorporation by reference action under 1 CFR 
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.

[[Page 31908]]


FOR FURTHER INFORMATION CONTACT: Matthew Van Der Wal, Federal Aviation 
Administration, Western Service Center, Operations Support Group, 2200 
S 216th Street, Des Moines, WA 98198; telephone (206) 231-3695.

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. 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 modifies the Class E airspace at Missoula International Airport, 
Missoula, MT, to ensure the safety and management of instrument flight 
rules (IFR) operations at the airport.

History

    The FAA published a notice of proposed rulemaking in the Federal 
Register (86 FR 18488; April 9, 2021) for Docket No. FAA-2021-0208 to 
modify the Class E airspace at Missoula International Airport, 
Missoula, MT. Interested parties were invited to participate in this 
rulemaking effort by submitting written comments on the proposal to the 
FAA. One comment was received. The commenter suggested that the Class 
E5 airspace boundaries should be expanded to encompass all of the Class 
G airspace, extending upward from 1,200 feet above the surface, near 
the airport. The FAA does not agree. Title 49 of the US Code provides 
the FAA with its legal authority to manage the NAS. It also provides 
that citizens of the United States have a public right of transit 
through navigable airspace. Minimizing the volume of regulated airspace 
ensures the FAA is being consistent to its legislated responsibilities. 
Class E5 airspace is designed to contain IFR operations transitioning 
to or from the terminal and en route environments. Expanding the 
airspace boundaries for the sole purpose of reducing areas of Class G 
airspace would not be appropriate.
    Class E5 airspace designations are published in paragraph 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 E 
airspace designation 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

    This amendment to 14 CFR part 71 modifies the Class E airspace, 
extending upward from 1,200 feet above the surface, at Missoula 
International Airport, Missoula, MT. This airspace is designed to 
contain IFR aircraft transitioning to/from the terminal and en route 
environments. This action proposes to increase the airspace's radius of 
the airport from 35 miles to 46 miles. The 46-mile radius will properly 
contain IFR aircraft transitioning to/from the airport.
    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 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 will only affect air traffic procedures and air navigation, it is 
certified that this rule, when promulgated, would 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 the preparation of an 
environmental assessment.

List 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 14 CFR 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 6005 Class E Airspace Areas Extending Upward From 700 
Feet or More Above the Surface of the Earth.

* * * * *

ANM MT E5 Missoula, MT [Amended]

Missoula International Airport, MT
    (Lat. 46[deg]54'59'' N, long. 114[deg]05'26'' W)

    That airspace extending upward from 700 feet above the surface 
within 3.5 miles each side of the 311[deg] bearing extending from 
the Class D 4.4-mile radius to 22.3 miles northwest of the airport, 
and 1.6 miles west and 4.3 miles east of the 179[deg] bearing 
extending from the Class D 4.4-mile radius to 15.2 miles south of 
the airport, and that airspace extending upward from 1,200 feet 
about the surface within a 46-mile radius of the Missoula 
International Airport.

    Issued in Des Moines, Washington, on June 10, 2021.
B.G. Chew,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2021-12662 Filed 6-15-21; 8:45 am]
BILLING CODE 4910-13-P