[Federal Register Volume 90, Number 137 (Monday, July 21, 2025)]
[Rules and Regulations]
[Pages 34180-34181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-13611]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2025-1845; Airspace Docket No. 25-AEA-13]
RIN 2120-AA66
Amendment of Class E Airspace; Culpeper, VA
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action changes the referenced NAILR Non-Directional
Beacon (NDB) in the airspace legal description to Point in Space
Coordinates due to the decommissioning of the NAILR NDB. This action
also updates the name and geographical coordinates for UVA Culpeper
Medical Center Heliport. This action does not change the airspace
boundaries or operating requirements.
DATES: Effective date 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 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, 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 the legal description for Class E airspace
extending upward from 700 feet above the surface in Culpeper, VA.
Incorporation by Reference
Class E airspace is 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
7400.11J, 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.
[[Page 34181]]
The Rule
The determination was made to decommission the NAILR NDB serving
the Culpeper Regional Airport, Culpeper, VA. The NAILR NDB is used as a
reference point for describing the Culpeper, VA Class E5 airspace, and
part of the decommissioning process requires the amendment of
associated FAA orders to reflect the change. The reference to the NAILR
NDB in the Class E5 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 NAILR NDB in the airspace legal description for the
Culpeper, VA, Class E5 airspace and replacing it with Point in Space
Coordinates (lat. 38[deg]27'16'' N, long. 77[deg]54'19'' W). This
change is necessary due to the decommissioning of the NAILR NDB. This
action also updates the heliport name and geographical coordinates for
UVA Culpeper Medical Center Heliport.
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 is ministerial in nature and 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 good
cause 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 1050.1G, ``Environmental Impacts: Policies and
Procedures,'' paragraph B-2.5. 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 6005 Class E Airspace Areas Extending Upward From 700 Feet
or More Above the Surface of the Earth.
* * * * *
AEA VA E5 Culpeper, VA [Amended]
Culpeper Regional Airport, VA
(Lat. 38[deg]31'32'' N, long. 77[deg]51'35'' W)
Culpeper Regional Airport, Point in Space Coordinates
(Lat. 38[deg]27'16'' N, long. 77[deg]54'19'' W)
UVA Culpeper Medical Center Heliport
(Lat. 38[deg]27'17'' N, long. 78[deg]00'52'' W)
UDNEW WAYPOINT
(Lat. 38[deg]27'54'' N, long. 78[deg]01'07'' W)
That airspace extending upward from 700 feet above the surface
of the Earth within a 6.5-mile radius of Culpeper Regional Airport
and within 8 miles either side of the 217[deg] bearing from the
point in space coordinates lat. 38[deg]27'16'' N, long.
77[deg]54'19'' W to 16 miles southwest of the point in space
coordinates lat. 38[deg]27'16'' N, long. 77[deg]54'19'' W, and that
airspace within a 6.0-mile radius of the UDNEW WAYPOINT that serves
the UVA Culpeper Medical Center Heliport.
* * * * *
Issued in College Park, Georgia, on July 17, 2025.
Patrick Young,
Manager, Airspace & Procedures Team North, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2025-13611 Filed 7-18-25; 8:45 am]
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