2023-08000. Modification of Class E Airspace; Torrington Municipal Airport, Torrington, WY

AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This action modifies the Class E airspace extending upward from 700 feet above the surface at Torrington Municipal Airport, WY by reducing the Class E airspace encircling the airport, removing the northwest extension and eastern procedure turn area, and adding a southeast extension. These modifications support the safety and management of instrument flight rules (IFR) operations at the airport.

DATES:

Effective 0901 UTC, June 15, 2023. The Director of the Federal Register approves this incorporation by reference 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.

FAA Order JO 7400.11G, 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: [phone].

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 [phone].

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 the Class E airspace at Torrington Municipal Airport, Torrington, WY, to support IFR operations at the airport.

History

The FAA published a notice of proposed rulemaking for Docket No. FAA–2022–1562 in the Federal Register (87 FR 77541; December 19, 2022), modifying the Class E airspace area extending upward from 700 feet at Torrington Municipal Airport, Torrington, WY. 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

The Class E5 airspace designation 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 7400.11G, dated August 19, 2022 and effective September 15, 2022. FAA Order JO 7400.11G is publicly available as listed in the ADDRESSES section of this document. These amendments will be published in the next update to FAA Order JO 7400.11.

FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

The Rule

This action amends 14 CFR part 71 by modifying the Class E airspace beginning at 700 feet above the surface at Torrington Municipal Airport, WY. The current Class E airspace encircling the airport with a 7.7-mile radius is excessive. Class E airspace beginning at 700 feet above the surface is designed to contain departing IFR operations until they reach 1,200 feet above the surface. The Class E airspace encircling the airport is reduced to a 7.5-mile radius which sufficiently contains departing IFR operations until they reach 1,200 feet above the surface.

The existing Class E airspace beginning at 700 feet above the surface contains an area east of the airport intended for procedure turn maneuvers that is no longer needed and is removed. Class E airspace beginning at 700 feet above the surface is designed to accommodate arriving IFR operations below 1,500 feet above the surface. No terrain penetrates to within 1,500 feet of arriving aircraft conducting a procedure turn, and the procedure is fully contained in the existing Denver Class E domestic en route airspace.

The existing extension to the northwest is removed as it is no longer needed. The Class E airspace beginning at 700 feet above the surface that encircles the airport within a 7.5-mile radius is sufficient to contain arriving IFR operations below 1,500 feet above the surface from northwest of the airport.

An extension is added to the Class E airspace beginning at 700 feet above the surface that is 2.8 miles wide extending 9.6 miles southeast of the airport to accommodate arriving IFR operations below 1,500 feet above the surface.

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.

List of Subjects in 14 CFR Part 71

• Airspace
• Incorporation by reference
• Navigation (air)

Adoption of 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

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.

§ 71.1

[Amended]

2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 7400.11G, Airspace Designations and Reporting Points, dated August 19, 2022, and effective September 15, 2022, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth.

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ANM WY E5 Torrington, WY [Amended]

Torrington Municipal Airport, WY

(Lat. 42°03′52″ N, long. 104°09′10″ W)

That airspace extending upward from 700 feet above the surface within a 7.5-mile radius of the airport, and that airspace 1.4 miles each side of the 116° bearing extending from the 7.5-mile radius to 9.6 miles southeast of the airport.

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Issued in Des Moines, Washington, on April 10, 2023.

Kyle Thompson,

Acting Group Manager, Operations Support Group, Western Service Center.