[Federal Register Volume 87, Number 122 (Monday, June 27, 2022)]
[Rules and Regulations]
[Pages 37989-37990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13507]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2022-0307; Airspace Docket No. 22-AGL-17]
RIN 2120-AA66
Amendment of Class E Airspace; Milbank and South Dakota, SD
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action amends the Class E airspace at Milbank, SD, and
the State of South Dakota. The FAA is taking this action due to an
airspace review conducted as part of the decommissioning of the
Watertown very high frequency (VHF) omnidirectional range (VOR) as part
of the VOR Minimal Operational Network (MON) Program. The geographic
coordinates of the airport are also being updated to coincide with the
FAA's aeronautical database.
DATES: Effective 0901 UTC, September 8, 2022. 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 JO 7400.11
and publication of conforming amendments.
ADDRESSES: 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.
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 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 amends the Class E airspace extending upward from 700 feet above
the surface at Milbank Municipal Airport, Milbank, SD, to support
instrument flight rule operations at this airport, and amends the Class
E airspace extending upward from 1,200 feet above the surface over the
State of South Dakota to clarify, simplify, standardize the airspace
over the state, and close any gaps in the Class E airspace to support
instrument flight rule operation over the state.
History
The FAA published a notice of proposed rulemaking in the Federal
Register (87 FR 21058; April 11, 2022) for Docket No. FAA-2022-0307 to
amend the Class E airspace at Milbank, SD, and the State of South
Dakota. Interested parties were invited to participate in this
rulemaking effort by submitting written comments on the proposal to the
FAA. No comments were received.
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.
Availability and Summary of Documents for Incorporation by Reference
This document amends 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 Rule
This amendment to 14 CFR part 71:
Amends the Class E airspace extending upward from 700 feet above
the surface at Milbank Municipal Airport, Milbank, SD, by removing the
Watertown VOR from the airspace legal description; updates the
geographic coordinates of the airport to coincide with the FAA's
aeronautical database; and removes the airspace extending upward from
1,200 feet above the surface as it will become redundant with the
amendment of the Class E airspace over the State of South Dakota;
And amends the Class E airspace extending upward from 1,200 feet
above the surface at South Dakota, SD, from ``. . . an area bounded on
the north by lat. 43[deg]40'00'' N, on the east by long.
100[deg]05'00'' W, on the south by the South Dakota, Nebraska border,
and on the west by long. 102[deg]00'02'' W'' to ``. . . the boundary of
the State of South Dakota'' to clarify, simply, standardize the
airspace over the state, and close any gaps in the Class E airspace.
This action is due to an airspace review conducted as part of the
decommissioning of the Watertown VOR, which provided navigation
information for the instrument procedures at this airport, as part of
the VOR MON Program.
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 only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does 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 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and
[[Page 37990]]
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.
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 SD E5 Milbank, SD [Amended]
Milbank Municipal Airport, SD,
(Lat. 45[deg]13'50'' N, long. 96[deg]33'58'' W)
That airspace extending upward from 700 feet or more above the
surface within a 6.4-mile radius of the Milbank Municipal Airport.
* * * * *
AGL SD E5 South Dakota, SD [Amended]
That airspace extending upward from 1,200 feet above the surface
within the boundary of the State of South Dakota.
Issued in Fort Worth, Texas, on June 21, 2022.
Wayne L. Eckenrode,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2022-13507 Filed 6-24-22; 8:45 am]
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