-
Start Preamble
AGENCY:
Federal Aviation Administration (FAA), DOT.
ACTION:
Final rule.
SUMMARY:
This action establishes Class E airspace at Whiteriver, AZ. This action supports new instrument procedures at this airport.
DATES:
Effective 0901 UTC, October 5, 2023. 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.
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: (202) 267–8783.
Start Further InfoFOR 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.
End Further Info End Preamble Start Supplemental InformationSUPPLEMENTARY 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 establishes Class E airspace extending upward from 700 feet above the surface and Class E airspace extending upward from 1,200 feet above the surface at Whiteriver Airport, Whiteriver, AZ, to support instrument flight rule operations at this airport.
History
The FAA published an NPRM for Docket No. FAA–2023–1078 in the Federal Register (88 FR 29571; May 8, 2023) proposing to establish Class E airspace at Whiteriver, AZ. 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 E airspace designations are 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. Start Printed Page 43432
The Rule
This amendment to 14 CFR part 71:
Establishes Class E airspace extending upward from 700 feet above the surface within a 37.8-mile radius of Whiteriver Airport, Whiteriver, AZ;
And establishes Class E airspace extending upward from 1,200 feet above the surface to within a 78.3-mile radius of Whiteriver Airport.
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.
Start List of SubjectsLists 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:
Start PartPART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS
End Part Start Amendment Part1. The authority citation for 14 CFR part 71 continues to read as follows:
End Amendment Part[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:
End Amendment PartParagraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth.
* * * * *AWP AZ E5 Whiteriver, AZ [Establish]
Whiteriver Airport, AZ
(Lat 33°48′38″ N, long 109°59′09″ W)
That airspace extending upward from 700 feet above the surface within a 37.8-mile radius of Whiteriver Airport; and that airspace extending upward from 1,200 feet above the surface within a 78.3-mile radius of Whiteriver Airport.
* * * * *Start SignatureIssued in Fort Worth, Texas, on July 3, 2023.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2023–14357 Filed 7–7–23; 8:45 am]
BILLING CODE 4910–13–P
Document Information
- Effective Date:
- 10/5/2023
- Published:
- 07/10/2023
- Department:
- Federal Aviation Administration
- Entry Type:
- Rule
- Action:
- Final rule.
- Document Number:
- 2023-14357
- Dates:
- Effective 0901 UTC, October 5, 2023. 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.
- Pages:
- 43431-43432 (2 pages)
- Docket Numbers:
- Docket No. FAA-2023-1078, Airspace Docket No. 23-AWP-30
- RINs:
- 2120-AA66: Airspace Actions
- RIN Links:
- https://www.federalregister.gov/regulations/2120-AA66/airspace-actions
- PDF File:
- 2023-14357.pdf
- CFR: (1)
- 14 CFR 71.1