[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Proposed Rules]
[Pages 73200-73202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27917]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-1147; Airspace Docket No. 21-AGL-37]
RIN 2120-AA66


Proposed Establishment of Class E Airspace; Pembina, ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This action proposes to amend the Class E airspace at Pembina, 
ND. The FAA is proposing this action due to an airspace review 
conducted as part of the decommissioning of the Humbolt very high 
frequency (VHF) omnidirectional range (VOR) as part of the VOR Minimal 
Operational Network (MON) Program. The geographic coordinates of the 
airport would also be updated to coincide with the FAA's aeronautical 
database.

DATES: Comments must be received on or before February 10, 2022.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone 
(202) 366-9826, or (800) 647-5527. You must identify FAA Docket No. 
FAA-2021-1147/Airspace Docket No. 21-AGL-37 at the beginning of your 
comments. You may also submit comments through the internet at https://www.regulations.gov. You may review the public docket containing the 
proposal, any comments received, and any final disposition in person in 
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through 
Friday, except federal holidays.
    FAA Order JO 7400.11F, 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. FAA Order JO 7400.11F is also available for inspection at the 
National Archives and Records Administration (NARA). For information on 
the availability of FAA Order JO 7400.11F at NARA, email: 
[email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation 
Administration, Operations Support Group, Central Service Center, 10101 
Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5711.

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

[[Page 73201]]

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 would amend the Class E airspace extending upward from 
700 feet above the surface at Pembina Municipal Airport, Pembina, ND, 
to support instrument flight rule operations at this airport.

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments, as 
they may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal. 
Communications should identify both docket numbers and be submitted in 
triplicate to the address listed above. Commenters wishing the FAA to 
acknowledge receipt of their comments on this notice must submit with 
those comments a self-addressed, stamped postcard on which the 
following statement is made: ``Comments to Docket No. FAA-2021-1147/
Airspace Docket No. 21-AGL-37.'' The postcard will be date/time stamped 
and returned to the commenter.
    All communications received before the specified closing date for 
comments will be considered before taking action on the proposed rule. 
The proposal contained in this notice may be changed in light of the 
comments received. A report summarizing each substantive public contact 
with FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
internet at https://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any 
comments received, and any final disposition in person in the Dockets 
Office (see the ADDRESSES section for the address and phone number) 
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal 
holidays. An informal docket may also be examined during normal 
business hours at the Federal Aviation Administration, Air Traffic 
Organization, Central Service Center, Operations Support Group, 10101 
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11F, Airspace 
Designations and Reporting Points, dated August 10, 2021, and effective 
September 15, 2021. FAA Order JO 7400.11F is publicly available as 
listed in the ADDRESSES section of this document. FAA Order JO 7400.11F 
lists Class A, B, C, D, and E airspace areas, air traffic service 
routes, and reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 by amending the 
Class E airspace extending upward from 700 feet above the surface to 
within a 6.4-mile (increased from a 6.2-mile) radius of Pembina 
Municipal Airport, Pembina, ND; removing the Humbolt VORTAC and 
associated extension from the airspace legal description; removing 
Grand Forks AFB, Devils Lake VOR/DME, and the airspace extending upward 
from 1,200 feet above the surface from the airspace legal description 
as it is covered by the Class E airspace extending upward from 1,200 
feet above the surface over the State of North Dakota, is redundant, 
and no longer needed; adding exclusionary language north of latitude 
49[deg]00'00'' N that prevents the airspace from extending into 
Canadian airspace; and updating the geographic coordinates of the 
airport to coincide with the FAA's aeronautical database.
    This action is due to an airspace review conducted as part of the 
decommissioning of the Humbolt VOR, which provided navigation 
information for the instrument procedures at this airport, as part of 
the VOR MON Program.
    Class E airspace designations are published in paragraph 6005 of 
FAA Order JO 7400.11F, dated August 10, 2021, and effective September 
15, 2021, which is incorporated by reference in 14 CFR 71.1. The Class 
E airspace designations listed in this document will be published 
subsequently in FAA Order JO 7400.11.
    FAA Order JO 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

    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies 
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal 
Aviation Administration proposes to amend 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.


71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 
7400.11F, Airspace Designations and Reporting Points, dated August 10, 
2021, and effective September 15, 2021, is amended as follows:

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

* * * * *

AGL ND E5 Pembina, ND [Amended]

Pembina Municipal Airport, ND

[[Page 73202]]

    (Lat. 48[deg]56'33'' N, long. 97[deg]14'26'' W)

    That airspace extending upward from 700 feet above the surface 
within a 6.4-mile radius of Pembina Municipal Airport, excluding 
that airspace north of lat. 49[deg]00'00'' N.

    Issued in Fort Worth, Texas, on December 20, 2022.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2021-27917 Filed 12-23-21; 8:45 am]
BILLING CODE 4910-13-P