[Federal Register Volume 90, Number 114 (Monday, June 16, 2025)]
[Rules and Regulations]
[Pages 25137-25138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10839]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2025-0670; Airspace Docket No. 25-AGL-4]
RIN 2120-AA66
Amendment of Class D and Class E Airspace; Fargo, ND
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action amends the Class D and Class E airspace at Fargo,
ND. This action also updates the geographic coordinates of the Hector
International Airport, Fargo, ND, and the name of the Fargo VOR/DME to
coincide with the FAA's aeronautical database. This action is the
result of a biennial airspace review, and it brings the airspace into
compliance with FAA orders and supports instrument flight rule (IFR)
procedures and operations.
DATES: Effective 0901 UTC, October 2, 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 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. An electronic
copy of this document may also be downloaded from the Office of the
Federal Register's website at www.federalregister.gov.
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, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.
FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5711.
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
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 the Class D airspace, the Class E airspace designated as
an extension to Class D airspace, and the Class E airspace extending
upward from 700 feet above the surface at Hector International Airport,
Fargo, ND, to support IFR operations at this airport.
History
The FAA published an NPRM for Docket No. FAA-2025-0670 in the
Federal Register (90 FR 16475; April 18, 2025) proposing to amend the
Class D and Class E airspace at Fargo, ND. Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal to the FAA. No comments were received.
Incorporation by Reference
Class D and E airspace designations are published in paragraphs
5000, 6004, and 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 7400.11J, 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, which lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points, is publicly available as listed in the ADDRESSES
section of this document.
Differences From the NPRM
The current Class E airspace extending upward from 700 feet above
the surface legal description includes airspace extending upward from
2,700 feet MSL. The NPRM did not mention that this airspace was also
being removed as it is also redundant to the Class E airspace extending
upward from 1,200 feet above the surface over the State of North Dakota
and State of Minnesota. As this omission does not change the airspace
as proposed and only removes a redundancy, the FAA has determined that
good cause exists for not recirculating this action for public comment,
and the omission is being corrected in this action.
The Rule
This action modifies 14 CFR part 71 by:
Amending the Class D airspace to within a 4.4-mile (reduced from a
4.5-mile) radius of Hector International Airport, Fargo, ND;
Amending the Class E airspace designated as an extension to Class D
airspace: (1) to within 1.9 (increased from 1.7) miles each side of the
009[deg] bearing (previously radial) of the Fargo VOR/DME extending
from the 4.4-mile (reduced from a 4.5-mile) radius of Hector
International Airport to 6.6 (reduced from 7.8) miles south of the
airport; and (2) removing the city associated with the airport in the
header of the airspace legal description to comply with changed to FAA
Order JO 7400.2P, Procedures for Handling Airspace Matters.
Also, amending the Class E airspace extending from 700 ft above the
surface: (1) to within a 6.9-mile (reduced from a 7-mile) radius of
Hector International Airport; (2) removing the extensions north,
southwest, and south of the airport as they are no longer needed; (3)
adding an extension 1.1 miles each side of the 009[deg] bearing from
the Fargo VOR/DME extending from the 6.9-mile radius to 8.1 miles south
of the airport; (4) removing the airspace extending upward from 1,200
feet above the surface as it is redundant to the Class E airspace
extending upward from 1,200 feet above the surface over the State of
North Dakota and State of Minnesota; (5) removing the airspace
extending
[[Page 25138]]
upward from 2,700 feet MSL as it is redundant to the Class E airspace
extending upward from 1,200 feet above the surface over the State of
North Dakota and State of Minnesota; (6) removing the city associated
with the airport in the header of the airspace legal description to
comply with changes to FAA Order JO 7400.2P; and (7) updating the
geographic coordinates of Hector International Airport and the name of
the Fargo VOR/DME (previously Fargo VORTAC) to coincide with the FAA's
aeronautical database.
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.
Lists of Subjects in 14 CFR 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 FAA Order JO
7400.11J, Airspace Designations and Reporting Points, dated July 31,
2024, and effective September 15, 2024, is amended as follows:
Paragraph 5000 Class D Airspace.
* * * * *
AGL ND D Fargo, ND [Amended]
Hector International Airport, ND
(Lat. 46[deg]55'14'' N, long. 96[deg]48'57'' W)
That airspace extending upward from the surface to and including
3,400 feet MSL within a 4.4-mile radius of Hector International
Airport.
* * * * *
Paragraph 6004 Class E Airspace Areas Designated as an Extension to
a Class D or Class E Surface Area.
* * * * *
AGL ND E4 Fargo, ND [Amended]
Hector International Airport, ND
(Lat. 46[deg]55'14'' N, long. 96[deg]48'57'' W)
Fargo VOR/DME
(Lat. 46[deg]45'12'' N, long. 96[deg]51'05'' W)
That airspace extending upward from the surface within 1.9 miles
each side of the 009[deg] bearing from the Fargo VOR/DME extending
from the 4.4-mile radius of Hector International Airport to 6.6
miles south of the airport.
* * * * *
Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.
* * * * *
AGL ND E5 Fargo, ND [Amended]
Hector International Airport, ND
(Lat. 46[deg]55'14'' N, long. 96[deg]48'57'' W)
Fargo VOR/DME
(Lat 46[deg]45'12'' N, long. 96[deg]51'05'' W)
That airspace extending upward from 700 feet above the surface
within a 6.9-mile radius of Hector International Airport; and within
1.1 miles each side of the 009[deg] bearing from the Fargo VOR/DME
extending from the 6.9-mile radius of the airport to 8.1 miles south
of the airport.
* * * * *
Issued in Fort Worth, Texas, on June 10, 2025.
Dallas W. Lantz,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2025-10839 Filed 6-13-25; 8:45 am]
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