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[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Rules and Regulations]
[Pages 34879-34880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12639]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-0526; Airspace Docket No. 16-ASW-3]

Amendment of Class E Airspace; Taos, NM

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies Class E airspace extending upward from 
700 feet above the surface at Taos Regional Airport, Taos, NM. 
Decommissioning of non-directional radio beacon (NDB) and cancellation 
of the NDB approaches due to advances in Global Positioning System 
(GPS) capabilities have made this action necessary for the safety and 
management of Instrument Flight Rules (IFR) operations at Taos Regional 
Airport.

DATES: Effective 0901 UTC, January 5, 2017. 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 7400.9 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.9Z, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed online at http://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 7400.9Z at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15.

FOR 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.

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.

[[Page 34880]]

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 would amend Class E airspace at Taos Regional 
Airport, Taos, NM.

History

    On March 7, 2016, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to modify Class E airspace 
extending upward from 700 feet above the surface at Taos Regional 
Airport, Taos, NM (81 FR 11695). 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 Mr. Robert 
Pigott, Aeronautical Information Services, requesting clarification of 
the overlapping 1,200 foot airspace to the west of Taos Regional 
Airport. This airspace existed prior to the proposed amendment and was 
not changed by the amendment. The 1,200 foot airspace exists to protect 
the departures and climb out requirements to the west due to high 
terrain east of the airport and allows departing aircraft to reach 
controlled airspace, and was developed in accordance with FAA Joint 
Order 7400.2K, Procedures for Handling Airspace Matters. The FAA found 
no reason to change the 1,200 foot airspace at this time.
    Class E airspace designations are published in paragraph 6005 of 
FAA Order 7400.9Z, dated August 6, 2015, and effective September 15, 
2015, which is incorporated by reference in 14 CFR 71.1. The 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 7400.9Z, Airspace Designations and 
Reporting Points, dated August 6, 2015, and effective September 15, 
2015. FAA Order 7400.9Z is publicly available as listed in the 
ADDRESSES section of this document. FAA Order 7400.9Z 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 (14 CFR) 
part 71 modifies Class E airspace extending upward from 700 feet above 
the surface at Taos Regional Airport, Taos, NM. After review, the FAA 
found that with the decommissioning of NDBs, removal of NDB approaches, 
and implementation of area navigation (RNAV) instrument approaches the 
extension to the northwest from the 6.5-mile radius to 9.4 miles of the 
Class E airspace extending upward from 700 feet above the surface was 
no longer requires in accordance with airspace requirements specified 
in FAA Joint Order 7400.2K.

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 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.

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 7400.9Z, 
Airspace Designations and Reporting Points, dated August 6, 2015, and 
effective September 15, 2015, is amended as follows:

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

* * * * *

ASW NM E5 Taos, NM [Amended]

Taos Regional Airport, NM
    (Lat. 36[deg]27'29'' N., long. 105[deg]40'21'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.5-mile radius of Taos Regional Airport; and that airspace 
extending upward from 1,200 feet above the surface beginning at lat. 
36[deg]07'00'' N., long. 105[deg]47'42'' W., thence via the 21.3-
mile arc of Taos Regional Airport clockwise to lat. 36[deg]48'00'' 
N., long. 105[deg]47'35'' W., thence to lat. 36[deg]30'00'' N., 
long. 105[deg]30'02'' W., thence to the point of beginning.

    Issued in Fort Worth, Texas, on May 18, 2016.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2016-12639 Filed 5-31-16; 8:45 am]
 BILLING CODE 4910-13-P
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