[Federal Register Volume 91, Number 19 (Thursday, January 29, 2026)]
[Rules and Regulations]
[Pages 3818-3820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-01770]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2025-2282; Airspace Docket No. 25-ANM-131]
RIN 2120-AA66
Modification of Class E Airspace; Newport Municipal Airport,
Newport, OR
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 (Class E2) and the Class E airspace extending upward from
at least 700 feet above the surface (Class E5) at Newport Municipal
Airport, Newport, OR, to optimize the containment of instrument flight
procedures. This action also makes administrative amendments to the
airport's legal descriptions to remove unnecessary references within
its text header. These actions support the safety and management of
instrument flight rules (IFR) operations at the airport.
DATES: Effective date 0901 UTC, May 14, 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), 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/. 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 modifies Class E airspace to support IFR
[[Page 3819]]
operations at Newport Municipal Airport, Newport, OR.
History
The FAA published an NPRM for Docket No. FAA-2025-2282 in the
Federal Register (90 FR 52011; November 19, 2025), proposing to modify
Class E airspace at Newport Municipal Airport, Newport, OR. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. One comment was
received from the Citizens Rulemaking Alliance that was not germane.
Although the commentor addressed the rulemaking process, they commented
on the docket as if it were a final rule, specifically referring to the
action as such, instead of a proposed action. As such, the deficiencies
claimed by the commenter were inaccurate given the actual stage of
rulemaking. The FAA has confirmed that all regulatory requirements for
this action have been satisfied.
Additionally, the commenter stated, ``[i]f the agency relied on the
Administrative Procedure Act's good cause exception to waive prior
notice and comment,'' the agency should ``withdraw that reliance and
proceed via standard NPRM'' or ``extend the effective date . . . to
allow outreach and operational planning by affected small entities.''
The FAA did not waive prior notice and comment for this rulemaking, as
evidenced by the comment submitted during the comment window. However,
in this final rule, the FAA is making ministerial edits to the affected
Class E5 airspace description and has found good cause for not re-
circulating the proposal for a second round of public notice and
comment, as explained below. In doing so, the FAA thoroughly assessed
the changes from the NPRM and the pertinent legal authorities.
Moreover, there is no need to delay the rule's effective date for
outreach or planning with stakeholders, as the changes do not alter
airspace boundaries or operating requirements and therefore would be of
no consequence to regulated parties.
Differences From the NPRM
The legal description for the Class E5 airspace as proposed in the
NPRM was modified from the NPRM for clarity by replacing the phrase
``and clockwise from the airport's 187[deg] bearing to the 318[deg]
bearing extending from the 4.6-mile radius to the 6.5-mile arc,'' with
the phrase ``and within an area beginning at the airport's 187[deg]
bearing clockwise to its 318[deg] bearing extending from its 4.6-mile
radius to its 6.5-mile radius.'' Additionally, one instance of the
phrase ``the airport's'' was removed from the Class E2 airspace legal
description as proposed in the NPRM and replaced with ``its'' due to
redundancy.
These are ministerial corrections that do not alter airspace
boundaries or operating requirements. As such, these administrative
edits that do not impact the regulatory scope or requirements are
expected to be ``inconsequential to the industry and to the public.''
See Mack Trucks, Inc. v. EPA, 682 F.3d 87, 94 (D.C. Cir. 2012).
Accordingly, the FAA finds good cause, pursuant to 5 U.S.C. 553(b)(B),
that recirculating the NPRM for additional notice and comment is
unnecessary.
Additionally, while reflected by the proposed amendments to the
Class E5 airspace legal description, the FAA unintentionally omitted
discussion within the NPRM preamble explaining that the portion of
Class E5 airspace extending upward from 1,200 feet above the surface
would be removed. The FAA is proceeding with that amendment within this
final rule, as explained below. The FAA does not expect concerns from
stakeholders given that the change reduces controlled airspace and
duplication is provided by other controlled airspace.
Incorporation by Reference
Class E2 and E5 airspace designations are published in paragraphs
6002 and 6005, respectively, of FAA Order JO 7400.11, 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
This action amends 14 CFR part 71 by modifying Class E2 and Class
E5 airspace at Newport Municipal Airport, Newport, OR.
The Class E2 airspace is modified to expand its radius from 4 to
4.6 miles, add a 0.8-mile extension to the south, and shift the
location of its northern extension to more appropriately contain IFR
operations at the airport. As the FAA stated in the NPRM, these changes
are made to better contain IFR procedures, which are required to be
within controlled airspace. The expansion to a 4.6-mile radius better
contains the maximum circling maneuvering areas to Runways (RWY) 20 and
34 and would also provide more appropriate containment to departing IFR
aircraft until reaching the base of the next adjacent controlled
airspace when executing the NEWPORT ONE DEPARTURE (OBSTACLE) RWY 20
procedure. The Class E2 airspace is extended .08 miles south to better
contain departing IFR aircraft until reaching the base of the next
adjacent controlled airspace when executing the NEWPORT ONE DEPARTURE
(OBSTACLE) RWY 16 departure procedure and IFR operations below 1,000
feet above the surface when executing the Area Navigation (RNAV)
(Global Positioning System [GPS]) RWY 34 approach procedure. The
northern extension is shifted approximately 15[deg] to the west to be
centered on the airport's 341[deg] bearing, extending to 6.8 miles
north. Shifting the northern extension provides more appropriate
containment for aircraft executing the NEWPORT ONE DEPARTURE (OBSTACLE)
RWY 34 departure procedure until reaching the base of the next adjacent
controlled airspace and arriving IFR operations below 1,000 feet above
the surface when executing the RNAV (GPS) RWY 16 and Very High
Frequency Omnidirectional Range (VOR)-A approach procedures.
Furthermore, Newport Municipal Airport's Class E5 airspace is
modified to more appropriately contain arriving IFR operations below
1,500 feet above the surface and departing IFR operations until
reaching 1,200 feet above the surface at the airport. The northeast
portion of the Class E5 airspace is no longer necessary and is removed.
The Class E5 airspace to the north is shifted approximately 20[deg]
west to more appropriately contain the RNAV (GPS) RWY 16 and Instrument
Landing System (ILS) or Localizer (LOC) RWY 16 approach operations when
below 1,500 feet above the surface. The Class E5 airspace radius is
expanded by one mile to the west to better contain departing IFR
operations until reaching 1,200 feet above the surface. Finally, the
airspace is extended 2.4 miles south to better contain departing IFR
operations until reaching 1,200 feet above the surface and arriving IFR
operations when executing the RNAV (GPS) RWY 34 approach procedure.
Lastly, the portion of the Class E5 airspace described as extending
upward from 1,200 feet above the surface is removed. Containment within
Class E airspace at 1,200 feet or more above the surface is provided by
the Bend Class E6 airspace, and duplication is not necessary. Although
this was reflected
[[Page 3820]]
by the proposed amendments to the airspace legal description in the
NPRM, it was unintentionally not identified within the preamble
discussion.
Lastly, Class E2 and Class E5 airspace should be described using
only the airport reference point. As such, any reference to the Newport
very high frequency omnidirectional range tactical air navigation
(VORTAC) is removed from the airport's legal descriptions.
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.
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 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 Class E Airspace Areas Designated as Surface Areas.
* * * * *
ANM OR E2 Newport, OR [Amended]
Newport Municipal Airport, OR
(Lat. 44[deg]34'49'' N, long. 124[deg]03'29'' W)
That airspace extending upward from the surface within a 4.6-
mile radius of the airport, within 2.8 miles east and 2.6 miles west
of the airport's 341[deg] bearing extending from its 4.6-mile radius
to 6.8 miles north, and within 3 miles west of the 159[deg] bearing
extending from the airport's 4.6-mile radius to 5.4 miles south.
* * * * *
Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.
* * * * *
ANM OR E5 Newport, OR [Amended]
Newport Municipal Airport, OR
(Lat. 44[deg]34'49'' N, long. 124[deg]03'29'' W)
That airspace extending upward from 700 feet above the surface
within a 4.6-mile radius of the airport, within 4.6 miles east and
2.6 miles west of the 341[deg] bearing extending from the airport's
4.6-mile radius to 10.2 miles north, within 1.6 miles east and 2.9
miles west of the 161[deg] bearing extending from the airport's 4.6-
mile radius to 7.9 miles south, and within an area beginning at the
airport's 187[deg] bearing clockwise to its 318[deg] bearing
extending from its 4.6-mile radius to its 6.5-mile radius.
* * * * *
Issued in Des Moines, Washington, on January 26, 2026.
B.G. Chew,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2026-01770 Filed 1-28-26; 8:45 am]
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