[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Rules and Regulations]
[Pages 75465-75466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26646]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0571; Airspace Docket No. 22-ANM-46]
RIN 2120-AA66


Establishment of Class E Airspace; Christmas Valley Airport, OR

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace extending upward from 
700 feet above the surface at Christmas Valley Airport, OR. These 
actions will support the airport's transition from visual flight rules 
(VFR) to instrument flight rules (IFR) at the airport.

DATES: Effective 0901 UTC, February 23, 2023. The Director of the 
Federal Register approves this incorporation by reference under 1 CFR 
part 51, subject to the annual revision of FAA Order JO 7400.11, 
Airspace Designations and Reporting Points, and publication of 
conforming amendments.

ADDRESSES: FAA Order JO 7400.11G, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed online at 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: Nathan A. Chaffman, Federal Aviation 
Administration, Western Service Center, Operations Support Group, 2200 
S 216th Street, Des Moines, WA 98198; telephone (206) 231-3460.

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 would establish Class E airspace at Christmas Valley Airport, OR 
to support IFR operations at the airport.

History

    The FAA published a notice of proposed rulemaking (NPRM) in the 
Federal Register for FAA-2022-0571 (87 FR 38309; June 28, 2022) to 
establish Class E airspace beginning at 700 feet above the surface at 
Christmas Valley Airport, OR. Interested parties were invited to 
participate in this rulemaking effort by submitting written comments on 
the proposal to the FAA. Two comments were received. One comment was 
received in favor of the proposal, and one comment was against the 
proposal. The comment against argues that, ``A 14 mile radius 700' 
[sic] transition area is grossly excessive for one proposed standard 
instrument approach procedure. This proposed transition area should be 
no larger than required for flight below 1,200 feet, above ground 
level.'' The above comment does not make a valid argument against the 
FAA's actions, as the airspace is appropriately sized. Class E5 
airspace areas with a base of 700 feet

[[Page 75466]]

above the surface must be designated to accommodate departing IFR 
operations until they reach 1,200 feet above the surface. Additionally, 
a climb gradient of 200 feet per nautical mile (NM) must be applied to 
determine the size of all Class E airspace for departures. Christmas 
Valley Airport allows for diverse departures, as it does not have a 
published departure procedure. Due to rising terrain south and west of 
the airport, a Class E5 airspace area encircling the airport with a 14-
mile radius is necessary to accommodate IFR departures until reaching 
1,200 feet above the surface.
    Class E5 airspace designations is published in paragraph 6005 of 
FAA Order JO 7400.11G, dated August 19, 2022, and effective September 
15, 2022, which is incorporated by reference in 14 CFR 71.1. The Class 
E airspace designation 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 7400.11G, Airspace Designations 
and Reporting Points, dated August 19, 2022, and effective September 
15, 2022. FAA Order JO 7400.11G is publicly available as listed in the 
ADDRESSES section of this document. FAA Order JO 7400.11G 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 establishing Class E airspace 
beginning at 700 feet above the surface at Christmas Valley Airport to 
contain departing aircraft until reaching 1,200 feet above the surface, 
and arriving aircraft below 1,500 feet above the surface. The airspace 
is centered on the Christmas Valley Airport reference point, with a 14-
mile radius to account for rising terrain in the vicinity of the 
airport.
    The Class E5 airspace designation is published in paragraph 6005 of 
FAA Order JO 7400.11G, dated August 19, 2022, and became effective 
September 15, 2022, which is incorporated by reference in 14 CFR 71.1. 
The Class E airspace designation listed in this document will be 
published subsequently in FAA Order JO 7400.11.
    FAA Order JO 7400.11 is published annually and becomes 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 FAA 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 JO 
7400.11G, Airspace Designations and Reporting Points, dated August 19, 
2022, and effective September 15, 2022, is amended as follows:

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

* * * * *

ANM OR E Christmas Valley, OR [New]

Christmas Valley Airport, OR
    (Lat. 43[deg]14'11'' N, long. 120[deg]39'53'' W)

    That airspace extending upward from 700 feet above the surface 
within a 14-mile radius of the Christmas Valley Airport.

    Issued in Des Moines, Washington, on November 14, 2022.
B.G. Chew,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2022-26646 Filed 12-8-22; 8:45 am]
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