Federal Register / Vol. 85, No. 235 / Monday, December 7, 2020 / Rules and Regulations 78705 

information. You may examine the EASA AD 

in the AD docket at https://

www.regulations.gov by searching for and 

locating it in Docket No. FAA–2020–1104. 

(n) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Hoffmann Propeller GmbH & Co. KG 

(Hoffmann) Service Bulletin SB E53, Rev. B, 

dated October 14, 2020. 

(ii) [Reserved] 

(3) For Hoffmann service information 

identified in this AD, contact Hoffmann 

Propeller GmbH & Co. KG, Sales and Service, 

Ku ̈pferlingstrasse 9, 83022, Rosenheim, 

Germany; phone: +49 (0) 8031 1878 0; fax: 

+49 (0) 8031 1878 78; email: info@hoffmannprop.com; website: https://hoffmannprop.com/. 

(4) You may view this service information 

at FAA, Airworthiness Products Section, 

Operational Safety Branch, 1200 District 

Avenue, Burlington, MA 01803. For 

information on the availability of this 

material at the FAA, call (781) 238–7759. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

email: fedreg.legal@nara.gov, or go to: 

https://www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

Issued on November 30, 2020. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2020–26765 Filed 12–4–20; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2020–0810; Airspace 

Docket No. 19–ANM–101] 

RIN 2120–AA66 

Amendment of Class D and Class E 

Airspace; Helena, MT 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies the Class 

D airspace at Helena Regional Airport. 

This action also modifies the Class E 

airspace, designated as a surface area. 

Additionally, this action establishes 

Class E airspace, designated as an 

extension to a Class D or Class E surface 

area. Further, this action modifies the 

Class E airspace, extending upward 

from 700 feet above the surface. Also, 

this action modifies the Class E airspace 

extending upward from 1,200 feet above 

the surface. This action removes the 

Helena VORTAC from the airspace legal 

descriptions. Lastly, this action 

implements administrative corrections 

to the airspaces’ legal descriptions. 

DATES: Effective 0901 UTC, February 25, 

2021. The Director of the Federal 

Register approves this incorporation by 

reference action under Title 1 Code of 

Federal Regulations part 51, subject to 

the annual revision of FAA Order 

7400.11 and publication of conforming 

amendments. 

ADDRESSES: FAA Order 7400.11E, 

Airspace Designations and Reporting 

Points, and subsequent amendments can 

be viewed online at https://

www.faa.gov//air_traffic/publications/. 

For further information, you can contact 

the Airspace Policy Group, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone: (202) 267–8783. 

The Order is also available for 

inspection at the National Archives and 

Records Administration (NARA). For 

information on the availability of FAA 

Order 7400.11E at NARA, email 

fedreg.legal@nara.gov or go to https://

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Matthew Van Der Wal, Federal Aviation 

Administration, Western Service Center, 

Operations Support Group, 2200 S. 

216th Street, Des Moines, WA 98198; 

telephone (206) 231–3695. 

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 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 D and Class E airspace at Helena 

Regional Airport, Helena, MT, to ensure 

the safety and management of 

Instrument Flight Rules (IFR) operations 

at the airport. 

History 

The FAA published a notice of 

proposed rulemaking in the Federal 

Register (85 FR 59700; September 23, 

2020) for Docket No. FAA–2020–00810 

to modify Class D and Class E airspace 

at Helena Regional Airport, Helena, MT. 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. One comment, that 

is not germane to the proposed airspace 

action, was received. 

Class D, E2, E4, and E5 airspace 

designations are published in 

paragraphs 5000, 6002, 6004, and 6005, 

respectively, of FAA Order 7400.11E, 

dated July 21, 2020, and effective 

September 15, 2020, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in the Order. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document amends FAA Order 

7400.11E, Airspace Designations and 

Reporting Points, dated July 21, 2020, 

and effective September 15, 2020. FAA 

Order 7400.11E is publicly available as 

listed in the ADDRESSES section of this 

document. FAA Order 7400.11E lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Rule 

This amendment to Title 14 Code of 

Federal Regulations part 71 modifies the 

Class D airspace at Helena Regional 

Airport, Helena, MT. The action 

modifies the Class D airspace by adding 

extensions to the east and west of the 

airport, to properly contain IFR 

departures to 700 feet above the surface. 

The airspace area is described as 

follows: That airspace extending 

upward from the surface to and 

including 6,400 feet within a 4.4-mile 

radius of the airport, and within 2 miles 

each side of the 091° bearing from the 

airport, extending from the 4.4-mile 

radius to 5.2 miles east of the airport, 

and within 2 miles each side of 292° 

bearing from the airport, extending from 

the 4.4-mile radius to 5.8 miles west of 

Helena Regional Airport. This Class D 

airspace area is effective during the 

specific dates and times established in 

advance by a Notice to Airmen. The 

effective date and time will thereafter be 

continuously published in the Chart 

Supplement. This action also modifies 

the Class E airspace, designated as a 

surface area, to be coincident with the 

new Class D dimensions. The airspace 


khammond on DSKJM1Z7X2PROD with RULES
78706 Federal Register / Vol. 85, No. 235 / Monday, December 7, 2020 / Rules and Regulations 

area is as follows: That airspace 

extending upward from the surface 

within a 4.4-mile radius of the airport, 

and within 2 miles each side of the 091° 

bearing from the airport, extending from 

the 4.4-mile radius to 5.2 miles east of 

the airport, and within 2 miles each side 

of 292° bearing from the airport, 

extending from the 4.4-mile radius to 

5.8 miles west of Helena Regional 

Airport. This Class E airspace area is 

effective during the specific dates and 

times established in advance by a Notice 

to Airmen. The effective date and time 

will thereafter be continuously 

published in the Chart Supplement. 

Additionally, this action establishes 

Class E airspace, designated as an 

extension to a Class D or Class E surface 

area. This airspace area is designed to 

contain IFR aircraft descending below 

1,000 feet above the surface. The 

airspace area is described as follows: 

That airspace extending upward from 

the surface within an area bounded by 

a line beginning at lat. 46°34′18.57′′ N, 

Long. 111°51′30.319′′ W, to lat. 

46°38′5.89′′ N, Long. 111°51′24.53′′ W, 

to lat. 46°37′12.53′′ N, Long. 

111°45′24.67′′ W, to lat. 46°32′22.72′′ N, 

Long. 111°46′31.44′′ W, to lat. 

46°33′24.13′′ N, Long. 111°54′20.01′′ W, 

then counter-clockwise along. the 4.4- 

mile radius of the airport to lat. 

46°34′20.01′′ N, Long. 111°53′22.03′′ W, 

then to the point of beginning, and 

within an area bounded by a line 

beginning at lat. 46°38′39.95′′ N, Long. 

112°06′47.50′′W, to lat. 46°36′47.49′′ N, 

Long. 112°07′53.41′′ W, to lat. 

46°37′22.52′′ N, Long. 112°11′37.80′′ W, 

to lat. 46°39′19.40′′ N, Long. 

112°10′58.64′′ W, then to the point of 

beginning west of Helena Regional 

Airport. 

Further, this action modifies the Class 

E airspace extending upward from 700 

feet above the surface. The action 

properly sizes the airspace to contain 

IFR departures to 1,200 feet above the 

surface and IFR arrivals descending 

below 1,500 feet above the surface. The 

airspace area is described as follows: 

That airspace extending upward from 

700 feet above the surface within an 8.3- 

mile radius of the airport, and within 1 

mile each side of the 103° bearing from 

the airport, extending from the 8.3-mile 

radius to 10.7 miles east of the airport, 

and within 1.8 miles each side of the 

281° bearing from the airport, extending 

from the 8.3-mile radius to 18.1 miles 

west of Helena Regional Airport. This 

action also modifies the Class E airspace 

extending upward from 1,200 feet above 

the surface to properly contain IFR 

aircraft transitioning to/from the 

terminal and en route environments. 

The airspace area is described as 

follows: That airspace extending 

upward from 1,200 feet above the 

surface within a 36-mile radius of 

Helena Regional Airport. The action 

also removes the Helena VORTAC and 

all references to the VORTAC from the 

Class D, E2, and E5 legal descriptions. 

The navigational aid is not needed to 

define the airspace. Removal of the 

navigational aid allows the airspace to 

be defined from a single reference point 

which simplifies how the airspace is 

described. The action also updates the 

airport’s geographic coordinates to 

match the FAA database. The 

coordinates should read lat. 46°36′24′′ 

N, Long. 111°59′0.0′′ W. Additionally, 

the term ‘‘Airport/Facility Directory’’ in 

the last sentence of the Class D and 

Class E2 airspace legal descriptions is 

outdated, the term is updated to ‘‘Chart 

Supplement’’. FAA Order 7400.11, 

Airspace Designations and Reporting 

Points, is published yearly and effective 

on September 15. 

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, is non-controversial and 

unlikely to result in adverse or negative 

comments. 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 will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, would 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 5–6.5a. 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 7400.11E, 

Airspace Designations and Reporting 

Points, dated July 21, 2020, and 

effective September 15, 2020, is 

amended as follows: 

Paragraph 5000. Class D Airspace. 

* * * * * 

ANM MT D Helena, MT [Amended] 

Helena Regional Airport, MT 

(Lat. 46°36′24′′ N, long. 111°59′0.0′′ W) 

That airspace extending upward from the 

surface to and including 6,400 feet within a 

4.4-mile radius of the airport, and within 2 

miles each side of the 091° bearing from the 

airport, extending from the 4.4-mile radius to 

5.2 miles east of the airport, and within 2 

miles each side of 292° bearing from the 

airport, extending from the 4.4-mile radius to 

5.8 miles west of Helena Regional Airport. 

This Class D airspace area is effective during 

the specific dates and times established in 

advance by a Notice to Airmen. The effective 

date and time will thereafter be continuously 

published in the Chart Supplement. 

Paragraph 6002. Class E Airspace Areas 

Designated as a Surface Area. 

* * * * * 

ANM MT E2 Helena, MT [Amended] 

Helena Regional Airport, MT 

(Lat. 46°36′24′′ N, long. 111°59′0.0′′ W) 

That airspace extending upward from the 

surface within a 4.4-mile radius of the 

airport, and within 2 miles each side of the 

091° bearing from the airport, extending from 

the 4.4-mile radius to 5.2 miles east of the 

airport, and within 2 miles each side of 292° 

bearing from the airport, extending from the 

4.4-mile radius to 5.8 miles west of Helena 

Regional Airport. This Class E airspace area 

is effective during the specific dates and 

times established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Chart Supplement. 

Paragraph 6004. Class E Airspace Areas 

Designated as an Extension to a Class D or 

Class E Surface Area. 

* * * * * 

ANM MT E4 Helena, MT [New] 

Helena Regional Airport, MT 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 85, No. 235 / Monday, December 7, 2020 / Rules and Regulations 78707 

1 ‘‘Defining Unfair or Deceptive Practices,’’ 85 FR 

11881 (February 28, 2020). 

2 ‘‘Notification of Regulatory Review,’’ 82 FR 

45750 (October 1, 2017). 

3See Comment of A4A, Docket DOT–OST–2017– 

0069–2753, available at www.regulations.gov. 

4 ‘‘Administrative Rulemaking, Guidance, and 

Enforcement Procedures,’’ 84 FR 71714 (December 

27, 2019), amending 49 CFR part 5 and other 

provisions. 

5 84 FR 71718–71826. 

(Lat. 46°36′24′′ N, long. 111°59′0.0′′ W) 

That airspace extending upward from the 

surface within an area bounded by a line 

beginning at Lat. 46°34′18.57′′ N, long. 

111°51′30.319′′ W, to Lat. 46°38′5.89′′ N, 

Long. 111°51′24.53 ′′ W, to Lat. 46°37′12.53′′ 

N, long. 111°45′24.67 ′′ W, to Lat. 

46°32′22.72′′ N, Long. 111°46′31.44′′ W, to 

Lat. 46°33′24.13′′ N, Long. 111°54′20.01′′ W, 

then counter-clockwise along the 4.4-mile 

radius of the airport to Lat. 46°34′20.01′′ N, 

long. 111°53′22.03′′ W, then to the point of 

beginning, and within an area bounded by a 

line beginning at Lat. 46°38′39.95′′ N, long. 

112°06′47.50′′ W, to Lat. 46°36′47.49′′ N, long. 

112°07′53.41′′ W, to Lat. 46°37′22.52′′ N, long. 

112°11′37.80′′ W, to Lat. 46°39′19.40′′ N, long. 

112°10′58.64′′ W, then to the point of 

beginning west of Helena Regional Airport. 

Paragraph 6005. Class E Airspace Areas 

Extending Upward from 700 feet or more 

above the Surface of the Earth. 

* * * * * 

ANM MT E5 Helena, MT [Amended] 

Helena Regional Airport, MT 

(Lat. 46°36′24′′ N, long. 111°59′0.0′′ W) 

That airspace extending upward from 700 

feet above the surface within an 8.3-mile 

radius of the airport, and within 1 mile each 

side of the 103° bearing from the airport, 

extending from the 8.3-mile radius to 10.7 

miles east of the airport, and within 1.8 miles 

each side of the 281° bearing from the airport, 

extending from the 8.3-mile radius to 18.1 

miles west of the airport; and that airspace 

extending upward from 1,200 feet above the 

surface within a 36-mile radius of Helena 

Regional Airport. 

Issued in Seattle, Washington, on 

December 1, 2020. 

B. G. Chew, 

Acting Group Manager, Operations Support 

Group, Western Service Center. 

[FR Doc. 2020–26816 Filed 12–4–20; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

14 CFR Part 399 

[Docket No. DOT–OST–2019–0182] 

RIN 2105–AE72 

Defining Unfair or Deceptive Practices 

AGENCY: Office of the Secretary (OST), 

U.S. Department of Transportation 

(DOT). 

ACTION: Final rule. 

SUMMARY: The U.S. Department of 

Transportation (DOT or Department) is 

issuing a final rule codifying its 

longstanding definitions for the terms 

‘‘unfair’’ and ‘‘deceptive’’ in the 

Department’s regulations implementing 

its aviation consumer protection statute. 

The final rule also describes the 

Department’s procedural requirements 

for its rulemaking and enforcement 

actions when based on the Department’s 

authority to prohibit unfair or deceptive 

practices. Most of the Department’s 

aviation consumer protection 

regulations, such as the Department’s 

rules on overbooking, are based on the 

Department’s authority to prohibit 

unfair or deceptive practices. This rule 

is intended to provide regulated entities 

and other stakeholders with greater 

clarity and certainty about the 

Department’s interpretation of unfair or 

deceptive practices and the 

Department’s process for making such 

determinations in the context of 

aviation consumer protection 

rulemaking and enforcement actions. 

DATES: Effective on January 6, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Robert Gorman, Kimberly Graber, or 

Blane Workie, Office of Aviation 

Consumer Protection, U.S. Department 

of Transportation, 1200 New Jersey Ave. 

SE, Washington, DC 20590, 202–366– 

9342, 202–366–7152 (fax); 

robert.gorman@dot.gov; 

kimberly.graber@dot.gov; blane.workie@

dot.gov (email). 

SUPPLEMENTARY INFORMATION: 

I. Rulemaking Background 

Much of the background information 

presented here also appears in the 

preamble to the Department’s Notice of 

Proposed Rulemaking on Defining 

Unfair and Deceptive Practices 

published on February 28, 2020.1 We 

have presented background information 

again here to assist the public in 

understanding the issues involved. 

A. The Department’s Unfair and 

Deceptive Practices Statute 

The Department’s authority to 

regulate unfair and deceptive practices 

in air transportation or the sale of air 

transportation is found at 49 U.S.C. 

41712 (‘‘Section 41712’’) in conjunction 

with its rulemaking authority under 49 

U.S.C. 40113, which states that the 

Department may take action that it 

considers necessary to carry out this 

part, including prescribing regulations. 

Section 41712 gives the Department the 

authority to investigate and decide 

whether an air carrier, foreign air 

carrier, or ticket agent is engaged in an 

unfair or deceptive practice in air 

transportation or the sale of air 

transportation. Under Section 41712, 

after notice and an opportunity for a 

hearing, the Department has the 

authority to issue orders to stop an 

unfair or deceptive practice. A different 

statute, 49 U.S.C. 46301, gives the 

Department the authority to issue civil 

penalties for violations of Section 41712 

or for any regulation issued under the 

authority of Section 41712. 

B. Request for Regulatory Reform 

On February 24, 2017, President 

Trump signed Executive Order 13777, 

Enforcing the Regulatory Reform 

Agenda, which requires each Federal 

agency to establish a Regulatory Reform 

Task Force to evaluate existing 

regulations, and make recommendations 

for their repeal, replacement, or 

modification. As part of this process, the 

Department is directed to seek input 

and assistance from entities 

significantly affected by its regulations. 

On October 1, 2017, the Department 

issued a Notice of Regulatory Reform 

seeking written input from the public on 

existing regulations and other actions 

that are good candidates for repeal, 

replacement, or modification.2 In 

response to the Notice, Airlines for 

America (A4A), an airline trade 

association, urged the Department to 

adopt policies defining unfairness and 

deception in Section 41712 consistent 

with principles articulated in Federal 

Trade Commission (FTC) and Federal 

court precedent interpreting those 

terms.3 A4A also urged the Department 

to adopt various procedures which 

would, in its view, ensure that the 

Department’s enforcement and 

rulemaking activities were rooted in 

fairness, due process, and an adequate 

factual foundation. 

C. Department’s Comprehensive Update 

of Rulemaking and Enforcement 

Procedures 

On December 27, 2019, the 

Department issued a comprehensive 

update and consolidation of its 

procedural requirements for the 

Department’s rulemaking and 

enforcement actions.4 This update 

reflects the Department’s policy that 

regulations should be straightforward 

and clear, incorporate best practices for 

economic analyses, and provide for 

appropriate public participation.5 It also 

reflects the Department’s policy that 

enforcement actions should satisfy 

principles of due process and remain 


khammond on DSKJM1Z7X2PROD with RULES