[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]
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