[Federal Register Volume 89, Number 83 (Monday, April 29, 2024)]
[Proposed Rules]
[Pages 33303-33305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09006]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-2422; Airspace Docket No. 23-AWP-48]
RIN 2120-AA66


Modification of Class E Airspace; Bishop Airport, Bishop, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify the Class E airspace designated 
as a surface area, modify the airspace designated as an extension to a 
Class E surface area, modify the Class E airspace extending upward from 
700 feet above the surface, and remove the Class E airspace extending 
upward from 1,200 feet above the surface at Bishop Airport, Bishop, CA. 
These actions would support the safety and management of instrument 
flight rules (IFR) operations at the airport.

DATES: Comments must be received on or before June 13, 2024.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-2422 and 
Airspace Docket No. 23-AWP-48 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow 
the online instructions for sending your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department 
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West 
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in 
Room W12-140 of the West Building Ground Floor at 1200 New Jersey 
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.
    * Fax: Fax comments to Docket Operations at (202) 493-2251.
    Docket: Background documents or comments received may be read at 
www.regulations.gov at any time. Follow the online instructions for 
accessing the docket or go to the Docket Operations in Room W12-140 of 
the West Building Ground Floor at 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    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-
8783.

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

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

[[Page 33304]]

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 would modify 
Class E airspace to support IFR operations at Bishop Airport, Bishop, 
CA.

Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal. The most 
helpful comments reference a specific portion of the proposal, explain 
the reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should submit only one time if comments are filed electronically, or 
commenters should send only one copy of written comments if comments 
are filed in writing.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments it receives on or before 
the closing date for comments. The FAA will consider comments filed 
after the comment period has closed if it is possible to do so without 
incurring expense or delay. The FAA may change this proposal in light 
of the comments it receives.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the 
internet at www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's web page at 
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 
Operations office (see ADDRESSES section for address, phone number, and 
hours of operations). An informal docket may also be examined during 
normal business hours at the Northwest Mountain Regional Office of the 
Federal Aviation Administration, Air Traffic Organization, Western 
Service Center, Operations Support Group, 2200 S 216th Street, Des 
Moines, WA 98198.

Incorporation by Reference

    Class E2, E4, and E5 airspace designations are published in 
paragraph 6002, 6004, and 6005 respectively, 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 proposes to 
amend the current version of that order, FAA Order JO 7400.11H, dated 
August 11, 2023, and effective September 15, 2023. These updates would 
be published in the next update to FAA Order JO 7400.11. That order is 
publicly available as listed in the ADDRESSES section of this document.
    FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas, 
air traffic service routes, and reporting points.

Background

    The FAA has developed three new special procedures for Bishop 
Airport: Area Navigation (RNAV) (Global Positioning System [GPS]) M 
Runway (RWY) 12 approach, RNAV (GPS) RWY 30 approach, and MOTSE ONE 
DEPARTURE (RNAV).

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 that would 
modify the Class E airspace designated as a surface area, modify the 
airspace designated as an extension to a Class E surface area, modify 
the Class E airspace extending upward from 700 feet above the surface, 
and remove Class E airspace extending upward from 1,200 feet above the 
surface at Bishop Airport, Bishop, CA.
    The Class E airspace designated as a surface area should be 
expanded to include that airspace within 1.8 miles northeast and 1 mile 
southwest of the 147[deg] bearing from the airport, extending from the 
5-mile radius to 6.9 miles southeast of the airport, and that airspace 
within 3.8 miles either side of the 317[deg] bearing extending to the 
7.1-mile radius of the airport. This would more appropriately contain 
arriving IFR operations between the surface and 1,000 feet above the 
surface while executing the RNAV (GPS) M RWY 12 and the RNAV (GPS) M 
RWY 30 approaches. It would also better contain departing IFR 
operations until reaching the base of adjacent controlled airspace 
while executing the MOTSE ONE DEPARTURE (RNAV).
    The Class E airspace designated as an extension to a Class E 
surface area is oversized and should be reduced to be within 1.2 miles 
east and 1.1 miles west of the airport's 337[deg] bearing extending 
from the 7.1-mile radius of the airport to 9.6 miles northwest of the 
airport. This would more appropriately contain arriving IFR operations 
below 1,000 feet above the surface while executing the Localizer 
Directional Aid (LDA) RWY 17 approach.
    The Class E airspace extending upward from 700 feet above the 
surface should be reduced to include that airspace within 3.4 miles 
northeast and 4 miles southwest of the airport's 157[deg] bearing 
extending 7.6 miles southeast of the airport, and 4 miles southwest and 
3.4 miles northeast of the airport's 337[deg] bearing extending 15.2 
miles northwest of the airport. This would better contain arriving IFR 
operations below 1,500 feet above the surface while executing the RNAV 
(GPS) M RWY 12 and RNAV (GPS) M RWY 30 approaches. The modification 
would also more appropriately contain departing IFR operations below 
1,200 feet above the surface when executing the MOTSE ONE DEPARTURE 
(RNAV).
    The Class E airspace extending upward from 1,200 feet above the 
surface should be removed, as the area is already within the Coaldale 
and Los Angeles Class E enroute domestic airspace areas.

Regulatory Notices and Analyses

    The FAA has determined that this proposed 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 
will only affect air traffic procedures and air navigation, it is 
certified that this proposed rule, when promulgated, will 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

[[Page 33305]]

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

    In consideration of the foregoing, 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.


Sec.  71.1  [Amended]

0
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 6002 Class E Airspace Areas Designated as Surface Areas.

* * * * *

AWP CA E2 Bishop, CA [Amended]

Bishop Airport, CA
    (Lat. 37[deg]22'23'' N, long. 118[deg]21'49'' W)

    That airspace extending upwards from the surface within a 5-mile 
radius of the airport, within 1.8 miles northeast and 1 mile 
southwest of the airport's 147[deg] bearing extending to 6.9 miles 
southeast, and within 3.8 miles either side of the airport's 
317[deg] bearing extending to the 7.1-mile radius of the airport.
* * * * *

Paragraph 6004 Class E Airspace Areas Designated as an Extension to 
a Class D or Class E Surface Area.

* * * * *

AWP CA E4 Bishop, CA [Amended]

Bishop Airport, CA
    (Lat. 37[deg]22'23'' N, long. 118[deg]21'49'' W)

    That airspace extending upward from the surface within 1.2 miles 
east and 1.1 miles west of the airport's 337[deg] bearing extending 
from the 7.1-mile radius of the airport to 9.6 miles northwest of 
the airport.
* * * * *

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

* * * * *

AWP CA E5 Bishop, CA [Amended]

Bishop Airport, CA
    (Lat. 37[deg]22'23'' N, long. 118[deg]21'49'' W)

    That airspace extending upward from 700 feet above the surface 
within 3.4 miles northeast and 4 miles southwest of the airport's 
157[deg] bearing extending 7.6 miles southeast of the airport, and 
within 3.4 miles northeast and 4 miles southwest of the airport's 
337[deg] bearing extending 15.2 miles northwest of the airport.
* * * * *

    Issued in Des Moines, Washington, on April 22, 2024.
B.G. Chew,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2024-09006 Filed 4-26-24; 8:45 am]
BILLING CODE 4910-13-P