[Federal Register Volume 88, Number 179 (Monday, September 18, 2023)]
[Rules and Regulations]
[Pages 63836-63837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19595]



Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0583; Airspace Docket No. 22-ACE-20]
RIN 2120-AA66

Modification of Class E Airspace; Alliance Municipal Airport, 
Alliance, NE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; delay of effective date; modification of order.


SUMMARY: This action delays the original effective date and changes the 
version of FAA Order JO 7400.11 amended in the final rule published on 
August 16, 2023. This action also republishes the text of that final 
rule modifying Class E airspace extending upward from 700 feet above 
the surface to adequately contain all instrument flight rule (IFR) 
procedures at Alliance Municipal Airport, NE. This action supports the 
safety and management of IFR operations at the airport.

DATES: The final rule published at 88 FR 55553, August 16, 2023, is 
delayed until 0901 UTC, November 30, 2023. This action is effective 
date 0901 UTC, November 30, 2023. 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: A copy of the Notice of Proposed Rulemaking (NPRM), all 
comments received, this final rule, and all background material may be 
viewed online at www.regulations.gov using the FAA Docket number. 
Electronic retrieval help and guidelines are available on the website. 
It is available 24 hours each day, 365 days each year.
    FAA Order JO 7400.11H Airspace Designations and Reporting Points, 
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and 
Regulations Group, Office of Policy, Federal Aviation Administration, 
800 Independence Avenue SW, Washington DC 20591; telephone: (202) 267-

FOR FURTHER INFORMATION CONTACT: Keith T. Adams, Federal Aviation 
Administration, Western Service Center, Operations Support Group, 2200 
S 216th Street, Des Moines, WA 98198, telephone: (206) 231-2428.


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 
the 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 Class E airspace to supports the safety and 
management of IFR operations at Alliance Municipal Airport.

[[Page 63837]]


    The FAA published a notice of proposed rulemaking for Docket No. 
FAA-2023-0583 in the Federal Register (88 FR 22385, April 13, 2023), 
proposing to modify Class E airspace at Alliance Municipal Airport, 
Alliance, NE. Interested parties were invited to participate in this 
rulemaking effort by submitting written comments on the proposal to the 
FAA. No comments were received. The FAA published a final rule for this 
docket in the Federal Register (88 FR 55553) on August 16, 2023, with 
an effective date of October 5, 2023. For administrative reasons, the 
FAA republishes this final rule with a delayed effective date of 
November 30, 2023, and an amendment to the currently effective version 
of FAA Order JO 7400.11.

Incorporation by Reference

    Class E5 airspace area is published in paragraph 6005 of FAA Order 
JO 7400.11, Airspace Designations and Reporting Points, which is 
incorporated by reference in 14 CFR 71.1 on an annual basis. This 
document amends the current version of that order, FAA Order JO 
7400.11H, dated August 11, 2023 and effective September 15, 2023. FAA 
Order JO 7400.11H is publicly available as listed in the ADDRESSES 
section of this document. These amendments will be published in the 
next update to FAA Order JO 7400.11.
    FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas, 
air traffic service routes, and reporting points.

The Rule

    This action amends 14 CFR part 71 by modifying Class E airspace 
beginning at 700 feet above the surface at Alliance Municipal Airport, 
NE. Class E airspace beginning at 700 feet above the surface is 
expanded to a 7.6-mile radius to fully contain arriving IFR aircraft 
operating below 1,500 feet above the surface.

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. 
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).

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 14 CFR part 71 as follows:


1. The authority citation for 14 CFR part 71 continues to read as 

    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]

2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 
7400.11H, Airspace Designations and Reporting Points, dated August 11, 
2023, and effective September 15, 2023, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700 
Feet or More Above.

* * * * *

ACE NE E5 Alliance, NE [Amended]

Alliance Municipal Airport, NE
    (Lat. 42[deg]03'12'' N, long. 102[deg]48'14'' W)

    That airspace extending upward from 700 feet above the surface 
within a 7.6-mile radius of the airport.
* * * * *

    Issued in Des Moines, Washington, on September 6, 2023.
B.G. Chew,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2023-19595 Filed 9-15-23; 8:45 am]