[Federal Register Volume 90, Number 95 (Monday, May 19, 2025)]
[Proposed Rules]
[Pages 21249-21251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08763]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2024-2099; Airspace Docket No. 24-AWP-105]
RIN 2120-AA66
Modification of Class E Airspace; Battle Mountain Airport, Battle
Mountain, NV
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (SNPRM).
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SUMMARY: This action revises a notice of proposed rulemaking (NPRM)
published in the Federal Register on January 7, 2025. As revised, this
action proposes to modify the Class E airspace area designated as
surface area, modify the Class E airspace area designated as an
extension to a Class D or Class E surface area, and modify the Class E
airspace extending upward from 700 feet or more above the surface of
the earth at Battle Mountain Airport, Battle Mountain, NV.
Additionally, this action proposes administrative amendments to update
the airport's existing Class E airspace legal descriptions. 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 July 3, 2025.
ADDRESSES: Send comments identified by FAA Docket No. FAA-2024-2099 and
Airspace Docket No. 24-AWP-105 using any of the following methods:
[[Page 21250]]
* 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 7400.11J, 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: 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 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 would modify Class E airspace at Battle Mountain
Airport, Battle Mountain, NV, to support IFR operations.
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 office 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
paragraphs 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 7400.11J, dated
July 31, 2024 and effective September 15, 2024. These updates would 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.
Background
The FAA published an NPRM in the Federal Register for FAA-2024-2099
(90 FR 1050; January 7, 2025) to modify Class E airspace at Battle
Mountain Airport, Battle Mountain, NV. Subsequent to that publication,
the FAA discovered a final rule published in the Federal Register for
FAA-2019-0786 (85 FR 18870; April 3, 2020), which had inadvertently
never been recorded within JO 7400.11, Airspace Designations and
Reporting Points. The discovery of the above-mentioned final rule does
not alter the intentions of the original proposal, but it does
necessitate modifications to the verbiage used to describe the FAA's
proposed actions. The proposed modifications to the Class E airspace
extending upward from 700 feet above the surface are now described in
relation to the final rule for FAA-2019-0786 (85 FR 18870; April 3,
2020), and the proposed action for the Class E airspace area designated
as an extension to a Class E Surface Area airspace area now reads
``AMENDED'' instead of ``NEW.'' Additionally, the FAA identified that
the NPRM airspace docket number was incorrect; ``24-ANM-105'' should
have been ``24-AWP-105'' to reflect the airport's inclusion within the
FAA's Western-Pacific Region. This is an administrative docket number
used by the FAA to identify airspace actions. The docket number (FAA-
2024-2099) used by the public to access the docket on
www.regulations.gov is correct and remains the same. This SNPRM updates
the FAA's proposal to correct these errors.
[[Page 21251]]
The Proposal
This action is a revision to an NPRM published in the Federal
Register on January 7, 2025 (90 FR 1050). As revised, The FAA is
proposing an amendment to 14 CFR part 71 to modify the Class E airspace
area designated as surface area, modify the Class E airspace area
designated as an extension to a Class D or Class E surface area, modify
the Class E airspace extending upward from 700 feet above the surface
of the earth, and remove Class E airspace extending upward from 1,200
feet above the surface at Battle Mountain Airport, Battle Mountain, NV.
The Class E airspace area designated as surface area should be
expanded from a 4.2-mile radius to a 4.4-mile radius and have a 0.1-
mile extension to the southwest of the airport to more appropriately
contain departing IFR aircraft executing the Runway (RWY) 22 obstacle
departure procedure (ODP) while between the surface and the base of
adjacent controlled airspace.
In addition, the Class E airspace designated as an extension to a
Class D or Class E surface area should be realigned to a 221[deg]
bearing and expanded to contain arriving IFR aircraft on the very high
frequency omnidirectional range (VOR) RWY 4 approach while below 1,000
feet above the surface.
Moreover, the Class E airspace extending upward from 700 feet above
the surface should be reduced to a 5-mile radius through all but the
northwest portion to better contain arriving IFR aircraft descending
below 1,500 feet and departing IFR aircraft until reaching 1,200 feet
above the surface. The northeast extension should be realigned to a
051[deg] bearing and expanded to appropriately contain arriving IFR
aircraft below 1,500 feet above the surface while executing the area
navigation (RNAV) (Global Positioning System [GPS]) RWY 22 approach.
There should be a southwest extension within 3.5 miles southeast and
3.6 miles northwest of the 221[deg] bearing extending from the 5-mile
radius to 11.5 miles southwest of the airport to appropriately contain
arriving IFR aircraft descending below 1,500 feet above the surface
while executing the VOR RWY 4 or RNAV (GPS) RWY 4 approaches, departing
IFR aircraft while executing the RWY 13 or RWY 33 ODPs, and IFR
aircraft ascending via the RNAV (GPS) RWY 22 missed approach procedure
until reaching 1,200 feet above the surface. The northwest portion of
the radius should be reduced in size to a 5.5-mile radius, and should
be extended on the airport's 319[deg] bearing from the 5.5-mile radius
to 6.7 miles northwest of the airport to more appropriately contain IFR
aircraft departing RWY 31 until reaching 1,200 feet above the surface.
Also, the Battle Mountain Class E airspace extending upward from
1,200 feet above the surface should be removed as it is made redundant
by existing Class E domestic en route airspace.
Lastly, this action proposes administrative amendments to update
the airport's existing Class E airspace legal descriptions to align
with FAA databases.
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 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
7400.11J, Airspace Designations and Reporting Points, dated July 31,
2024, and effective September 15, 2024, is amended as follows:
Paragraph 6002 Airspace Areas Designated as Surface Area.
* * * * *
ANM NV E2 Battle Mountain, NV [Amended]
Battle Mountain Airport, NV
(Lat. 40[deg]35'57'' N, long. 116[deg]52'28'' W)
That airspace extending upward from the surface within a 4.4-
mile radius of the airport and within 1.8 miles southeast and 1.9
miles northwest of the 228[deg] bearing extending from the 4.4-mile
radius to 4.5 miles southwest of the airport.
* * * * *
Paragraph 6004 Airspace Areas Designated as an Extension to a Class
D or Class E Surface Area.
* * * * *
ANM NV E4 Battle Mountain, NV [Amended]
Battle Mountain Airport, NV
(Lat. 40[deg]35'57'' N, long. 116[deg]52'28'' W)
That airspace extending upward from the surface within 2.9 miles
southeast and 3.4 miles northwest of the 221[deg] bearing extending
from the 4.4-mile radius to 10.4 miles southwest of the airport
excluding that airspace within the Battle Mountain Airport Class E2.
* * * * *
Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.
ANM NV E5 Battle Mountain, NV [Amended]
Battle Mountain Airport, NV
(Lat. 40[deg]35'57'' N, long. 116[deg]52'28'' W)
That airspace extending upward from 700 feet above the surface
within a 5-mile radius of the airport, within 4.9 miles northwest
and 1.9 miles southeast of the 051[deg] bearing extending from the
5-mile radius to 11.1 miles northeast of the airport, within 3.5
miles southeast and 3.6 miles northwest of the 221[deg] bearing
extending from the 5-mile radius to 11.5 miles southwest of the
airport, within 1.8 miles either side of the 319[deg] bearing
extending from the 5-mile radius to 6.7 miles northwest of the
airport, and within a 5.5-mile radius clockwise from a 319[deg]
bearing to a 349[deg] bearing from the airport.
* * * * *
Issued in Des Moines, Washington, on May 12, 2025.
B.G. Chew,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2025-08763 Filed 5-16-25; 8:45 am]
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