[Federal Register Volume 89, Number 163 (Thursday, August 22, 2024)]
[Rules and Regulations]
[Pages 67852-67853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18771]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2024-1265; Airspace Docket No. 24-ANM-85]
RIN 2120-AA66


Establishment of Class E Airspace; White Sulphur Springs Airport, 
White Sulphur Springs, MT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace extending upward from 
700 feet above the surface at White Sulphur Springs Airport, White 
Sulphur Springs, MT, to support the airport's transition from visual 
flight rules (VFR) operations to instrument flight rules (IFR) 
operations.

DATES: Effective date 0901 UTC, October 31, 2024. 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-
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

[[Page 67853]]

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 establishes Class E airspace to support the airport's 
transition from VFR operations to IFR operations.

History

    The FAA published a notice of proposed rulemaking for Docket No. 
FAA-2024-1265 in the Federal Register (89 FR 45615; May 23, 2024), 
proposing to establish Class E airspace at White Sulphur Springs 
Airport, MT. Interested parties were invited to participate in this 
rulemaking effort by submitting written comments on the proposal to the 
FAA. No comments were received.

Differences From the NPRM

    Subsequent to the publication of the NPRM--and prior to their 
planned publication date of Oct 31, 2024--the two instrument approach 
procedures developed for the airport were modified. As these procedures 
are the driving factor for the establishment of airspace within this 
action, the procedure modifications created a need to expand the 
airspace from that originally proposed. The north extension will now 
encompass an area approximately 6 x 16 miles in size, while the south 
extension now encompasses an area approximately 9 x 13 miles in size. 
This expanded airspace will more appropriately contain arriving IFR 
aircraft below 1,500 feet above the surface based on the modified 
procedures.

Incorporation by Reference

    Class E5 airspace areas are 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 establishing Class E airspace 
extending upward from 700 feet above the surface at White Sulphur 
Springs Airport, MT.
    The airport is transitioning from VFR operations to IFR operations 
and requires Class E airspace extending upward from 700 feet above the 
surface to contain departing IFR aircraft until reaching 1,200 feet 
above the surface and arriving IFR aircraft below 1,500 feet above the 
surface. The Class E airspace is centered on the airport reference 
point within a 5-mile radius and would include extensions to the north 
and south of the airport to provide additional containment for rising 
terrain in the vicinity.

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.

List 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:

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 part 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 the Surface of the Earth.

* * * * *

ANM MT E5 White Sulphur Springs, MT [New]

White Sulphur Springs Airport, MT
    (Lat. 46[deg]29'44'' N, long. 110[deg]54'43'' W)

    That airspace extending upward from 700 feet above the surface 
within a 5-mile radius of the airport, within 2.9 miles either side 
of the airport's 015[deg] bearing extending to 15.8 miles north of 
the airport, and within 4.6 miles either side of the airport's 
197[deg] bearing extending to 13 miles south of the airport.
* * * * *

    Issued in Des Moines, Washington, on August 15, 2024.
B.G. Chew,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2024-18771 Filed 8-21-24; 8:45 am]
BILLING CODE 4910-13-P