[Federal Register Volume 87, Number 192 (Wednesday, October 5, 2022)]
[Rules and Regulations]
[Pages 60265-60267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21433]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0937; Airspace Docket No. 20-AEA-11]
RIN 2120-AA66


Amendment of the Class D and Class E Airspace and Establishment 
of Class E Airspace; Niagara Falls and Buffalo, NY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends the Class D airspace and Class E airspace 
at Niagara Falls International Airport, Niagara Falls, NY, and amends 
and establishes Class E airspace extending upward from 700 feet above 
the surface at Buffalo, NY. This action is the result of airspace 
reviews conducted to support new instrument procedures being 
implemented at Buffalo-Lancaster Regional Airport, Lancaster, NY. The 
names and geographic coordinates of airports and navigational aids are 
also being updated to coincide with the FAA's aeronautical database.

DATES: Effective 0901 UTC, December 29, 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 7400.11 and 
publication of conforming amendments.

ADDRESSES: FAA Order 7400.11G, 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 D airspace, the Class E surface area, and the 
Class E airspace extending upward from 700 feet above the surface at 
Niagara Falls International Airport, Niagara Falls, NY; amends the 
Class E airspace extending upward from 700 feet above the surface at 
Buffalo Niagara International Airport, Buffalo, NY, and Akron Airport/
Jesson Field, Akron, NY, contained within the Buffalo, NY, airspace 
legal description; and establishes Class E airspace extending upward 
from 700 feet above the surface at Buffalo-Lancaster Regional Airport, 
Lancaster, NY, which is contained within the Buffalo, NY, airspace 
legal description, to support instrument flight rule operations at 
these airports.

[[Page 60266]]

History

    The FAA published a notice of proposed rulemaking (NPRM) in the 
Federal Register (85 FR 70089; November 4, 2020) for Docket No. FAA-
2020-0937 to amend the Class D airspace and Class E airspace at Niagara 
Falls International Airport, Niagara Falls, NY, and amend and establish 
Class E airspace extending upward from 700 feet above the surface at 
Buffalo, NY. 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 D and E airspace designations are published in paragraph 
5000, 6002, and 6005, respectively, of FAA Order 7400.11G, dated August 
19, 2022, and effective September 15, 2022, which is incorporated by 
reference in 14 CFR 71.1. The Class D and 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 7400.11G, Airspace Designations and 
Reporting Points, dated August 19, 2022, and effective September 15, 
2022. FAA Order 7400.11G is publicly available as listed in the 
ADDRESSES section of this document. FAA Order 7400.11G lists Class A, 
B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

Differences From the NPRM

    Subsequent to publication, the FAA discovered a typographic error 
in the geographic coordinates for the Niagara Falls Intl: RWY 28R-LOC 
contained in the Niagara Falls, NY, Class D airspace and Class E 
surface area airspace legal descriptions. These geographic coordinates 
have been corrected in this action.
    The term ``Notice to Airmen'' has been updated to ``Notice to Air 
Missions'' since the NPRM was published. As this is an administrative 
amendment and does not affect the airspace as proposed in the NPRM, 
this update has been incorporated into this action.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR) 
part 71:
    Amends the Class D airspace to within a 4.6-mile (increased from a 
4.5-mile) radius of Niagara Falls International Airport, Niagara Falls, 
NY; amends the extension to 1 mile (decreased from 1.8 miles) each side 
of the 090[deg] bearing from the Niagara Falls Intl: RWY 28R-LOC 
(previously KATHI LOM) extending from the 4.6-mile radius of the 
airport to 4.8 miles east of the airport; and replaces the outdated 
terms ``Notice to Airmen'' with ``Notice to Air Missions'' and 
``Airport/Facility Directory'' with ``Chart Supplement'';
    Amends the Class E surface area airspace to within a 4.6-mile 
(increased from a 4.5-mile) radius of Niagara Falls International 
Airport, Niagara Falls, NY; amends the extension to 1 mile (decreased 
from 1.8 miles) each side of the 090[deg] bearing from the Niagara 
Falls Intl: RWY 28R-LOC (previously KATHI LOM) extending from the 4.6-
mile radius of the airport to 4.8 miles east of the airport; and 
replaces the outdated terms ``Notice to Airmen'' with ``Notice to Air 
Missions'' and ``Airport/Facility Directory'' with ``Chart 
Supplement'';
    And amends the Class E airspace extending upward from 700 feet 
above the surface to within a 7.5-mile (increased from a 6.7-mile) 
radius of Buffalo Niagara International Airport, Buffalo, NY; removes 
the extensions associated with Buffalo Niagara International Airport as 
they are no longer needed; updates the name and geographic coordinates 
of Buffalo Niagara International Airport (previously Greater Buffalo 
International Airport) to coincide with the FAA's aeronautical 
database; removes the Buffalo VORTAC from the airspace legal 
description as it is no longer needed; removes ``and within the arc of 
a 10.5-mile radius circle from 052[deg] to 112[deg] clockwise, centered 
on a point, lat. 42[deg]56'26'' N, long. 78[deg]44'10'' W'' as it is no 
longer needed; amends the Class E airspace extending upward from 700 
feet above the surface to within a 7.1-mile (increased from a 7-mile) 
radius of Niagara Falls International Airport, contained within the 
Buffalo, NY, airspace legal description; amends the extension from 
Niagara Falls International Airport to within 8.2 miles north 
(increased from 7 miles) and 7 miles (increased from 5.2 miles) south 
of the 090[deg] bearing from the KATHI NDB (previously Niagara Falls 
International Airport east localizer course) extending from the KATHI 
NDB (previously OM) to 16.8 miles (increased from 10.5 miles) east of 
the KATHI NDB (previously OM); removes the Niagara Falls International 
Airport East Localizer Course OM as it is no longer needed; updates the 
geographic coordinates of Niagara Falls International Airport to 
coincide with the FAA's aeronautical database; amends the Class E 
airspace extending upward from 700 feet above the surface to within a 
6.3-mile (decreased from a 6.4-mile) radius of Akron Airport/Jesson 
Field, Akron, NY, contained within the Buffalo, NY, airspace legal 
description; removes the extension associated with Akron Airport/Jesson 
Field as it is no longer needed; updates the name and geographic 
coordinates of Akron Airport/Jesson Field (previously Akron Airport) to 
coincide with the FAA's aeronautical database; and establishes Class E 
airspace extending upward from 700 feet above the surface within a 6.3-
mile radius of Buffalo-Lancaster Regional Airport, Lancaster, NY, which 
is contained within the Buffalo, NY, airspace legal description.
    This action is the result of airspace reviews conducted to support 
the establishment of new instrument procedures at Buffalo-Lancaster 
Regional 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 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 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).

[[Page 60267]]

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 7400.11G, 
Airspace Designations and Reporting Points, dated August 19, 2022, and 
effective September 15, 2022, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AEA NY D Niagara Falls, NY [Amended]

Niagara Falls International Airport, NY
    (Lat. 43[deg]06'27'' N, long. 78[deg]56'45'' W)
Niagara Falls Intl: RWY 28R-LOC
    (Lat. 43[deg]06'34'' N, long. 78[deg]58'19'' W)

    That airspace extending upward from the surface to and including 
3,100 feet MSL within a 4.6-mile radius of Niagara Falls 
International Airport, and within 1 mile each side of the 090[deg] 
bearing from the Niagara Falls Intl: RWY 28R-LOC extending from the 
4.6-mile radius to 4.8 miles east of the airport, excluding the 
portion outside the United States and that airspace which coincides 
with the Buffalo, NY, Class C airspace. This Class D airspace area 
is effective during specific dates and times established in advance 
by a Notice to Air Missions. The effective date and time will 
thereafter be published continuously in the Chart Supplement.

Paragraph 6002 Class E Airspace Areas Designated as Surface Areas.

* * * * *

AEA NY E2 Niagara Falls, NY [Amended]

Niagara Falls International Airport, NY
    (Lat. 43[deg]06'27'' N, long. 78[deg]56'45'' W)
Niagara Falls Intl: RWY 28R-LOC
    (Lat. 43[deg]06'34'' N, long. 78[deg]58'19'' W)

    That airspace extending upward from the surface within a 4.6-
mile radius of Niagara Falls International Airport, and within 1 
mile each side of the 090[deg] bearing from the Niagara Falls Intl: 
RWY 28R-LOC extending from the 4.6-mile radius to 4.8 miles east of 
the airport, excluding the portion outside the United States and 
that airspace which coincides with the Buffalo, NY, Class C 
airspace. This Class E airspace area is effective during specific 
dates and times established in advance by a Notice to Air Missions. 
The effective date and time will thereafter be published 
continuously in the Chart Supplement.

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

* * * * *

AEA NY E5 Buffalo, NY [Amended]

Buffalo Niagara International Airport, NY
    (Lat. 42[deg]56'26'' N, long. 78[deg]43'50'' W)
Niagara Falls International Airport, NY
    (Lat. 43[deg]06'27'' N, long. 78[deg]56'45'' W)
KATHI NDB
    (Lat. 43[deg]06'33'' N, long. 78[deg]50'18'' W)
Akron Airport/Jesson Field, NY
    (Lat. 43[deg]01'16'' N, long. 78[deg]28'57'' W)
Buffalo-Lancaster Regional Airport, NY
    (Lat. 42[deg]55'19'' N, long. 78[deg]36'43'' W)
Buffalo Airfield, NY
    (Lat. 42[deg]51'43'' N, long. 78[deg]43'00'' W)

    That airspace extending upward from 700 feet above the surface 
within a 7.5-mile radius of the Buffalo Niagara International 
Airport, and within a 7.1-mile radius of Niagara Falls International 
Airport, and within 8.2 miles north and 7 miles south of the 
090[deg] bearing from the KATHI NDB extending from the KATHI NDB to 
16.8 miles east of the KATHI NDB, and within a 6.3-mile radius of 
Akron Airport/Jesson Field, and within a 6.3-mile radius of Buffalo-
Lancaster Regional Airport, and within a 6.3-mile radius of Buffalo 
Airfield.

    Issued in Fort Worth, Texas, on September 28, 2022.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2022-21433 Filed 10-4-22; 8:45 am]
BILLING CODE 4910-13-P