    [Federal Register Volume 90, Number 84 (Friday, May 2, 2025)]
    [Rules and Regulations]
    [Pages 18776-18777]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 2025-07644]

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    DEPARTMENT OF TRANSPORTATION

    Federal Aviation Administration

    14 CFR Part 71

    [Docket No. FAA-2025-0825; Airspace Docket No. 25-ANE-4]
    RIN 2120-AA66

    Amendment of Class E Airspace; Lebanon, NH

    AGENCY: Federal Aviation Administration (FAA), DOT.

    ACTION: Direct final rule.

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    SUMMARY: This action changes the referenced BURGR Outer Marker (OM) in
    the airspace legal description to Point in Space Coordinates due to the
    decommissioning of the BURGR OM. This action does not change the
    airspace boundaries or operating requirements.

    DATES: Effective date 0901 UTC, August 7, 2025. 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 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 7400.11J, 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, Policy Directorate, Federal Aviation Administration,
    600 Independence Avenue SW, Washington, DC 20597; Telephone: (202) 267-
    8783.

    FOR FURTHER INFORMATION CONTACT: Marc Ellerbee, Operations Support
    Group, Eastern Service Center, Federal Aviation Administration, 1701
    Columbia Avenue, College Park, GA 30337; Telephone: (404) 305-5589.

    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
    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 amends Class E airspace extending upward from the
    surface at Lebanon Municipal Airport, Lebanon, NH.

    Incorporation by Reference

        Class E airspace is published in paragraph 6004 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
    7400.11J, dated July 31, 2024, and effective September 15, 2024. These
    amendments will be published in the next update to FAA Order JO
    7400.11. FAA Order JO 7400.11J is publicly available as listed in the
    ADDRESSES section of this document.
        FAA Order JO 7400.11J lists Class A, B, C, D, and E airspace areas,
    air traffic service routes, and reporting points.

    The Rule

        The determination was made to decommission the BURGR OM serving the
    Lebanon Municipal Airport, Lebanon, NH. The BURGR OM is used as a
    reference point for describing the Lebanon Class E4 airspace, and part
    of the decommissioning process requires the amendment of associated FAA
    orders to reflect the change. The reference to the BURGR OM in the
    Class E4 airspace description was identified for amendment to point in
    space coordinates in order to maintain the same airspace dimensions and
    proceed with the decommissioning process.
        Accordingly, this action amends 14 CFR part 71 by removing the
    reference to BURGR OM in the airspace legal description for the
    Lebanon, NH Class E4 airspace and replacing it with Point in Space
    Coordinates (lat. 43[deg]43'57'' N, long. 72[deg]20'00'' W). This
    change is necessary due to the decommissioning of the BURGR OM.

    [[Page 18777]]

    Good Cause for Bypassing Notice and Comment

        The Administrative Procedure Act (APA) authorizes agencies to
    dispense with ordinary notice and comment requirements for rules when
    the agency for ``good cause'' finds that those procedures are
    ``impracticable, unnecessary, or contrary to the public interest.'' 5
    U.S.C. 553(b)(B). Under this section, an agency, upon finding good
    cause, may issue a final rule without first publishing a proposed rule.
    This rule constitutes an administrative change that constitutes ``a
    routine determination, insignificant in nature and impact, and
    inconsequential to the industry and to the public.'' Mack Trucks, Inc.
    v. EPA, 682 F.3d 87, 94 (D.C. Cir. 2012) (quoting Util. Solid Waste
    Activities Grp. v. EPA, 236 F.3d 749, 755 (D.C. Cir. 2001)); see also
    Attorney General's Manual on the Administrative Procedure Act (1947),
    at 31; U.S. Department of Transportation (DOT) Order 2100.6B, paragraph
    11.j(1)(b) (saying proposed rules are not required for ``[r]ules for
    which notice and comment is unnecessary to inform the rulemaking, such
    as rules correcting de minimis technical or clerical errors or rules
    addressing other minor and insubstantial matters, provided the reasons
    to forgo public comment are explained in the preamble to the final
    rule''.). This amendment will not impose any additional substantive
    restrictions or requirements on the persons affected by these
    regulations as it does not affect the airspace boundaries or operating
    requirements. Accordingly, the FAA finds that notice and public comment
    under 5 U.S.C. 553(b) is unnecessary.

    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 5-6.5a. 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.

    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:

    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 Federal Aviation
    Administration Order JO 7400.11J, Airspace Designations and Reporting
    Points, dated July 31, 2024, and effective September 15, 2024, is
    amended as follows:

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

    * * * * *

    ANE NH E4 Lebanon, NH [Amended]

    Lebanon Municipal Airport, NH
        (Lat. 43[deg]37'35'' N, long. 72[deg]18'15'' W)
    Lebanon Municipal Airport, Point in Space Coordinates
        (Lat. 43[deg]43'57'' N, long. 72[deg]20'00'' W)
    Hanover NDB
        (Lat. 43[deg]42'08'' N, long. 72[deg]10'39'' W)

        That airspace extending upward from the surface within 3.3 miles
    each side of the point in space Lat. 43[deg]43'57'' N, long.
    72[deg]20'00'' W. 352[deg] bearing extending from a 4.8-mile radius
    of Lebanon Municipal Airport to 8 miles north of the point in space
    Lat. 43[deg]43'57'' N, long. 72[deg]20'00'' W, and within 2.4 miles
    each side of the Hanover NDB 051[deg] bearing extending from the
    4.8-mile radius to 7 miles northeast of the Hanover NDB. This Class
    E airspace area is effective during the specific dates and times
    established in advance by a Notice to Airmen. The effective date and
    time will thereafter be continuously published in the Airport/
    Facility Directory.
    * * * * *

        Issued in College Park, Georgia, on April 29, 2025.
    Patrick Young,
    Manager, Airspace & Procedures Team North, Eastern Service Center, Air
    Traffic Organization.
    [FR Doc. 2025-07644 Filed 5-1-25; 8:45 am]
    BILLING CODE 4910-13-P