[Federal Register Volume 90, Number 187 (Tuesday, September 30, 2025)]
[Rules and Regulations]
[Pages 46750-46751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-18989]
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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: Final rule.
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SUMMARY: This action modifies the Class E airspace area designated as a
surface area, modifies the Class E airspace area designated as an
extension to a Class E surface area, and modifies the Class E airspace
areas extending upward from 700 feet or more above the surface of the
earth at Battle Mountain Airport, Battle Mountain, NV. This action also
updates the administrative portions of the airport's legal
descriptions. These actions support the safety and management of
instrument flight rules (IFR) operations at the airport.
DATES: Effective date 0901 UTC, January 22, 2026. 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),
supplemental notice of proposed rulemaking (SNPRM), 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 www.federalregister.gov.
FAA Order JO 7400.11K, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/.
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 modifies Class E airspace to support IFR operations at
Battle Mountain Airport, Battle Mountain, NV.
History
The FAA published an NPRM for Docket No. FAA-2024-2099 in the
Federal Register (90 FR 1050; January 7, 2025), proposing to establish
and modify Class E airspace at Battle Mountain Airport, Battle
Mountain, NV. Interested parties were invited to participate in this
rulemaking effort by submitting written comments on the proposal to the
FAA. No comments were received.
After publication of the NPRM, it was discovered that the Class E
airspace designated as an extension to a Class E surface area at Battle
Mountain Airport, Battle Mountain, NV, had previously been established
within the final rule of Docket No. FAA-2019-0786 in the Federal
Register (85 FR 18870; April 3, 2020). As a result, the FAA published
an SNPRM (90 FR 21249; May 19, 2025), revising the proposed action to
be a modification rather than establishment of new Class E airspace,
and re-initiating the public comment phase of rulemaking. The SNPRM
also corrected the airspace docket number to read ``24-AWP-105.''
Interested parties were again invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.
Differences From the SNPRM
The FAA has since identified an error within the SNPRM (90 FR
21249; May 19, 2025) concerning the proposed legal description for
Battle Mountain's Class E airspace designated as an extension to a
Class E surface area. The legal description excluded ``that airspace
within the Battle Mountain Airport Class E2.'' FAA Order JO 7400.2R,
Procedures for Handling Airspace Matters, does not allow for Class E
airspace to be excluded from other airspace areas, so the exclusionary
language was removed. Additionally, the same legal description required
the term ``airports'' be added for clarity. Proposed or actual lateral
boundaries are not affected by this difference. The FAA has determined
that good cause exists that recirculating the proposal for public
notice and comment is unnecessary as these corrections are ministerial
in nature and do not impose additional operating requirements on
regulated parties.
Incorporation by Reference
Class E2, E4, and E5 airspace areas 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 amends the current
version of that order, FAA Order JO 7400.11K, dated August 4, 2025, and
effective September 15, 2025. These amendments will be published in the
next update to FAA Order JO 7400.11. FAA Order JO 7400.11K, 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.
The Rule
The FAA is amending 14 CFR part 71 by modifying the Class E
airspace area designated as surface area, modifying the Class E
airspace area designated as an extension to a Class E surface area,
modifying the Class E airspace extending upward from 700 feet above the
surface of the earth, and removing the 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 is expanded
from a 4.2-mile radius to a 4.4-mile radius and a 0.1-mile extension is
added to the southwest of the airport to more appropriately contain
departing IFR aircraft executing the Runway (RWY) 22 obstacle departure
procedure while between the surface and the base of adjacent controlled
airspace.
Class E airspace designated as an extension to a Class E surface
area is realigned to the 221[deg] bearing and expanded to contain
arriving IFR aircraft on the very high frequency omnidirectional range
(VOR) RWY 4
[[Page 46751]]
approach procedure while below 1,000 feet above the surface.
Moreover, the Class E airspace extending upward from 700 feet above
the surface is expanded to a 5-mile radius through all but the
northwest portion to better contain arriving IFR aircraft operating
below 1,500 feet and departing IFR aircraft until reaching 1,200 feet
above the surface. The northeast extension is realigned to the
airport's 051[deg] bearing and is expanded to more 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 procedure. The southwest extension is reduced
approximately 5 miles to better contain arriving IFR aircraft operating
below 1,500 feet above the surface while executing the VOR RWY 4 or
RNAV (GPS) RWY 4 approach procedures, departing IFR aircraft while
executing the RNAV (GPS) RWY 13 or RNAV (GPS) RWY 33 departure
procedures, 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 central radius is reduced in size to more
appropriately contain IFR aircraft departing RWY 31 until reaching
1,200 feet above the surface.
Furthermore, the Battle Mountain Class E airspace beginning at
1,200 feet above the surface is removed as it is redundant. The Battle
Mountain and Rome Class E6 airspace areas provide sufficient
containment of transitional operations.
Finally, the administrative portion of the airport's legal
description is updated. Reference to the Battle Mountain very high
frequency omnidirectional range tactical air navigation (VORTAC) on
line three of the Class E5 legal description is no longer needed and is
removed. The airspace is now described using only the airport reference
point.
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, FAA National Environmental Policy Act
Implementing 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 preparation of an
environmental assessment.
List 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 FAA Order JO
7400.11K, Airspace Designations and Reporting Points, dated August 4,
2025 and effective September 15, 2025, 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 airport's 4.4-mile radius to 10.4 miles southwest of the
airport.
* * * * *
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 the 319[deg]
bearing to the 349[deg] bearing from the airport.
* * * * *
Issued in Des Moines, Washington, on September 25, 2025.
B.G. Chew,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2025-18989 Filed 9-29-25; 8:45 am]
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