[Federal Register Volume 86, Number 14 (Monday, January 25, 2021)]
[Rules and Regulations]
[Pages 6848-6850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01306]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0800; Airspace Docket No. 20-ANM-43]
RIN 2120-AA66


Revocation of Class D and Amendment of Class E Airspace; 
Gillette, WY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action removes the Class D airspace, establishes a Class 
E surface area, modifies the Class E airspace as an extension to the 
surface area and modifies the Class E airspace extending upward from 
700 feet AGL at Northeast Wyoming Regional Airport, Gillette, WY. In 
addition, this action removes the VOR/DME from the legal description 
and replaces the outdated term Airport Facility/Directory with the term 
Chart Supplement. It also makes two minor administrative corrections 
noted in the Notice of Proposed Rulemaking (NPRM); the airport name is 
updated and the Class E surface area is identified as new airspace 
rather than amended airspace.
    After being informed that the Airport Traffic Control Tower at 
Northeast Wyoming Regional Airport is closed permanently, the FAA found 
it necessary to create new airspace and amend the existing airspace for 
the safety and management of Instrument Flight Rule (IFR) operations at 
this airport.

DATES: Effective 0901 UTC, April 22, 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 <a href="/cdn-cgi/l/email-protection#a8cecdccdacdcf86c4cdcfc9c4e8c6c9dac986cfc7de"><span class="__cf_email__" data-cfemail="abcdcecfd9cecc85c7cecccac7ebc5cad9ca85ccc4dd">[email protected]</span></a> or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Richard Roberts, Federal Aviation 
Administration, Western Service Center, Operations Support Group, 2200 
S. 216th Street, Des Moines, WA 98198; telephone (206) 231-2245.

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 (U.S.C.). 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 removes the Class D, establishes a Class E surface 
area, modifies the Class E airspace as an extension to the surface area 
and modifies the Class E airspace extending upward from 700 feet AGL at 
Northeast Wyoming Regional Airport, Gillette, WY to support IFR 
operations.

History

    The FAA published a notice of proposed rulemaking in the Federal 
Register (85 FR 57806; September 16, 2020) for Docket No. FAA-2020-0800 
to remove the Class D airspace and modify the following: Class E 
surface area, the Class E airspace as an extension to the surface area 
and the Class E airspace extending upward from 700 feet AGL at 
Gillette-County Airport, Gillette, WY, in support of IFR operations. 
Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal to the FAA. One 
comment was received with multiple concerns. The commenter was troubled 
by the language used in the NPRM and concerned it would create 
difficulty in converting the airspace from Class D to Class E for the 
airport management team. This included logistical and technical steps 
in changing the airport structure, definitions of Class D and Class E 
airspace, equipment and techniques used for changing the airspace, who 
will monitor the change process, the airport management team's role and 
responsibilities in completing the change, and an expected timeline. 
While additional information needed by the airport management team is 
available and a point of contact provided, no one got in touch with 
this office or the facility with jurisdiction for the overlying 
airspace to enquire about information contained in the NPRM. The 
request for comment was based on the belief that the commenter has a 
basic knowledge of and understanding about airspace and the equipment 
and operating rules for each class of airspace. Controlled airspace is 
airspace of defined dimensions within which ATC service is provided to 
IFR and VFR flights in accordance with the airspace classification. 
Within controlled airspace, all aircraft operators are subject to 
certain qualification, operating, and aircraft equipage requirements 
(see Title 14 CFR part 91). Controlled airspace in the United States is 
designated in 14 CFR part 71. Changing the airspace designation is an 
administrative task. It involves no actions to the physical environment 
of the airport or its structures. The ``timeline'', also known as the 
effective date, of the change in the airspace designation has been 
determined by FAA orders to ensure safety in execution of that change.
    The commenter was also concerned that issues related to possible 
effects on the entire airport, including civil aviation and the 
airport's overall safety, were not considered in the proposed rule. In 
addition, the commenter had questions regarding what standards and 
criteria were to be used in considering the effectiveness of the 
changes. The airspace design specialist establishes, modifies or 
revokes airspace based on criteria documented in FAA Orders by their 
Flight Standards Division and Airspace Policy Regulations Group. The 
specialist takes into account, as a prime consideration, the safety and 
efficiency of air traffic operations in consultation with local Air 
Traffic Control. In addition, the facility with jurisdiction over the 
airspace conducts and documents a safety risk analysis to

[[Page 6849]]

consider potential safety issues with the new airspace before 
implementation. Post implementation, the Air Traffic Control facility 
managing air traffic in the area takes appropriate action to resolve 
observed or reported issues.
    Additional concerns by the commenter included the lack of details 
on precautions for airspace changes amid a public health crisis. There 
is no face-to-face interaction required between FAA personnel and the 
airport management team so there is no increased risk due to the public 
health crisis.
    Finally, the commenter identified the importance of considering 
both long-term and short-term environmental costs during the proposed 
rule to provide a comprehensive expectation of the costs for the public 
before the application phase of the rule. The proposal is reviewed for 
environmental impacts and extraordinary circumstances that might arise 
from the proposal. The FAA completed an environmental review and there 
are no significant environmental costs anticipated with the rule. It 
should be noted that the airspace does not define where aircraft can 
fly or do fly, it only defines specific equipment requirements and 
pilot responsibilities for each class of airspace.
    Class D and E airspace designations are published in paragraph 
5000, 6002, 6004 and 6005 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 D and Class E airspace designations 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

    The FAA is amending 14 CFR part 71 by removing the Class D airspace 
and establishing a Class E surface area. The FAA is also modifying the 
Class E airspace as an extension to the Class E surface area and the 
Class E airspace extending upward from 700 feet AGL at Northeast 
Wyoming Regional Airport, Gillette, WY.
    The FAA was informed that the Airport Traffic Control Tower at 
Northeast Wyoming Regional Airport is closed, which is a basic 
qualification for the establishment of Class D airspace. As a result, 
the FAA is removing the Class D airspace and establishing a Class E 
surface area at the airport. The Class E surface airspace is 
established at 5 miles to ensure departures are contained in the 
surface area until reaching 700 feet AGL.
    The Class E airspace extending upward from the surface as an 
extension to the Class E surface area is expanded to 3.4 miles each 
side of the 170[deg] bearing from 3 miles to 12 miles (formerly 12.2 
miles) south of the airport. This adjustment will protect aircraft as 
they descend through 1,000 feet AGL, while using the RNAV and ILS 
approaches to runway 34.
    The Class E airspace extending upward from 700 feet is modified to 
within 4 miles each side of the 170[deg] and 350[deg] bearings (reduced 
from 6.1 miles east and 8.3 miles west) and extends 14 miles south 
(reduced from 15.3 miles) and 11 miles north (reduced from 16.1miles). 
The additional airspace is no longer needed to protect departing 
aircraft to 1,200 feet and arrivals as they descend through 1,500 feet 
AGL. This action removes the Class E airspace extending upward from 
1,200 feet as it is redundant with the Denver E6 airspace and no longer 
needed.
    In addition, the use of the term Airport Facility/Directory is 
replaced with Chart Supplement and the legal descriptions for the Class 
E airspace extending upward from the surface as an extension to the 
Class E surface area and the Class E airspace extending upward from 700 
feet is rewritten to eliminate the use of the VOR/DME as a reference 
point. The VOR/DME is no longer needed to adequately describe the 
airspace.
    Following publication of the NPRM in the Federal Register the name 
of the airport was changed to Northeast Wyoming Regional Airport this 
action updates the name and the geographical coordinates to match the 
FAA database. Also, the Class E surface area was identified in the NPRM 
as being amended. This was in error. This airspace was new airspace 
established to replace the Class D airspace. This action correctly 
defines the Class E surface area as new airspace.
    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 (E.O.) 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, will 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.

Lists 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

0
1. The authority citation for 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 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.

* * * * *

[[Page 6850]]

ANM WY D Gillette, WY [Remove]

Gillette-Campbell County Airport, WY
    (Lat. 44[deg]20'56'' N, long. 105[deg]32'22'' W)

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

ANM WY E2 Gillette, WY [New]

Northeast Wyoming Regional Airport, WY
    (Lat. 44[deg]20'56'' N, long. 105[deg]32'22'' W)

    That airspace extending upward from the surface to and including 
6,900 feet MSL within a 5-mile radius of the Northeast Wyoming 
Regional Airport. This Class E airspace 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 WY E4 Gillette, WY [Amended]

Northeast Wyoming Regional Airport, WY
    (Lat. 44[deg]20'56'' N, long. 105[deg]32'22'' W)

    That airspace extending upward from the surface within 3.4 miles 
each side of the Northeast Wyoming Regional Airport 170[deg] bearing 
extending from the 5-mile radius to 12 miles south of the airport.

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

* * * * *

ANM WY E5 Gillette, WY [Amended]

Northeast Wyoming Regional Airport, WY
    (Lat. 44[deg]20'56'' N, long. 105[deg]32'22'' W)

    That airspace extending upward from 700 feet above the surface 
of the earth within 4 miles each side of the Northeast Wyoming 
Regional Airport 170[deg] bearing extending from the 5-mile radius 
to 14 miles south of the airport, and that airspace 4 miles each 
side of the 350[deg] bearing extending from the 5-mile radius to 11 
miles north of the airport.

    Issued in Seattle, Washington, on January 14, 2021.
Byron Chew,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2021-01306 Filed 1-22-21; 8:45 am]
BILLING CODE 4910-13-P


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