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[Federal Register Volume 90, Number 4 (Tuesday, January 7, 2025)]
[Proposed Rules]
[Pages 1050-1052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31694]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2024-2099; Airspace Docket No. 24-ANM-105]
RIN 2120-AA66

Modification of Class E Airspace; Battle Mountain Airport, Battle 
Mountain, NV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify the Class E airspace area 
designated as surface area, establish a Class E airspace area 
designated as an extension to a Class D or Class E surface area, modify 
Class E airspace extending upward from 700 feet above the surface of 
the earth, and remove Class E airspace extending upward from 1,200 feet 
above the surface at Battle Mountain Airport, Battle Mountain, NV. 
Additionally, this action proposes administrative amendments to update 
the airport's existing Class E airspace legal descriptions. These 
actions would support the safety and management of instrument flight 
rules (IFR) operations at the airport.

DATES: >Comments must be received on or before February 21, 2025.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2024-2099 and 
Airspace Docket No. 24-ANM-105 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow 
the online instructions for sending your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department 
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West 
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in 
Room W12-140 of the West Building Ground Floor at 1200 New Jersey 
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.
    * Fax: Fax comments to Docket Operations at (202) 493-2251.
    Docket: Background documents or comments received may be read at 
www.regulations.gov at any time. Follow the online instructions for 
accessing the docket or go to the Docket Operations in Room W12-140 of 
the West Building Ground Floor at 1200

[[Page 1051]]

New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    FAA Order JO 7400.11J, 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.

FOR FURTHER INFORMATION CONTACT: Keith T. Adams, Federal Aviation 
Administration, Western Service Center, Operations Support Group, 2200 
S 216th Street, Des Moines, WA 98198; telephone (206) 231-2428.

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 would establish new and modify existing Class E 
airspace to support IFR operations at Battle Mountain Airport, Battle 
Mountain, NV.

Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal. The most 
helpful comments reference a specific portion of the proposal, explain 
the reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should submit only one time if comments are filed electronically, or 
commenters should send only one copy of written comments if comments 
are filed in writing.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments it receives on or before 
the closing date for comments. The FAA will consider comments filed 
after the comment period has closed if it is possible to do so without 
incurring expense or delay. The FAA may change this proposal in light 
of the comments it receives.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the 
internet at www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's web page at 
www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any 
comments received and any final disposition in person in the Dockets 
Operations office (see ADDRESSES section for address, phone number, and 
hours of operations). An informal docket may also be examined during 
normal business hours at the office at the Northwest Mountain Regional 
Office of the Federal Aviation Administration, Air Traffic 
Organization, Western Service Center, Operations Support Group, 2200 S 
216th Street, Des Moines, WA 98198.

Incorporation by Reference

    Class E airspace designations are published in paragraphs 6002, 
6004, and 6005, respectively, 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 proposes to amend the 
current version of that order, FAA Order JO 7400.11J, dated July 31, 
2024 and effective September 15, 2024. These updates would be published 
in the next update to FAA Order JO 7400.11. That order is publicly 
available as listed in the ADDRESSES section of this document.
    FAA Order JO 7400.11J lists Class A, B, C, D, and E airspace areas, 
air traffic service routes, and reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to modify the 
Class E airspace area designated as surface area, establish a Class E 
airspace area designated as an extension to a Class D or Class E 
surface area, modify Class E airspace extending upward from 700 feet 
above the surface of the earth, and remove Class E airspace extending 
upward from 1,200 feet above the surface at Battle Mountain Airport, 
Battle Mountain, NV.
    The Class E airspace area designated as surface area should be 
expanded from a 4.2-mile radius to a 4.4-mile radius and have a .1-mile 
extension to the southwest of the airport to more appropriately contain 
departing IFR aircraft executing the Runway (RWY) 22 obstacle departure 
procedure while between the surface and the base of adjacent controlled 
airspace.
    In addition, Class E airspace designated as an extension to a Class 
D or Class E surface area should be established southwest of the 
airport to contain arriving IFR aircraft on the Very High Frequency 
Omnidirectional Range (VOR) RWY 4 approach while descending below 1,000 
feet above the surface.
    Moreover, the Class E airspace extending upward from 700 feet above 
the surface should be expanded to a 5-mile radius through all but the 
northwest portion to better contain arriving IFR aircraft descending 
below 1,500 feet and departing IFR aircraft until reaching 1,200 feet 
above the surface. The northeast extension should be realigned to the 
051[deg] and lengthened to appropriately contain arriving IFR aircraft 
below 1,500 feet above the surface while executing the Area Navigation 
(RNAV) (Global Positioning System [GPS]) RWY 22 approach. The southwest 
extension should be reduced in size to appropriately contain arriving 
IFR aircraft descending through 1,500 feet above the surface while 
executing the VOR RWY 4 or RNAV (GPS) RWY 4 approaches, departing IFR 
aircraft while executing the RNAV (GPS) RWY 13 or RNAV (GPS) RWY 33 
departure procedures, and IFR aircraft ascending via the RNAV (GPS) RWY 
22 missed approach procedure until reaching 1,200 feet above the 
surface. The northwest portion of the radius should be reduced in size 
and have an extension 3.6 miles wide extending on the 319[deg] bearing 
from the 5-mile radius to 6.7 miles northwest of the airport to more 
appropriately contain IFR aircraft departing RWY 31 while climbing from 
700 feet the 1,200 feet above the surface.
    Furthermore, the Battle Mountain Class E airspace beginning at 
1,200 feet above the surface should be removed as it is redundant.

[[Page 1052]]

    Finally, the FAA proposes administrative modifications to the 
airport's associated legal description. Reference to the Battle very 
high frequency omnidirectional range tactical air navigation (VORTAC) 
on line 3 of the existing Class E5 legal descriptions is no longer 
needed and should be removed. The airspace should be described using 
the airport reference point.

Regulatory Notices and Analyses

    The FAA has determined that this proposed 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 
will only affect air traffic procedures and air navigation, it is 
certified that this proposed 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

    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies 
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 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 14 CFR part 71 continues to read as 
follows:

    Authority:  49 U.S.C. 106(f); 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 JO 
7400.11J, Airspace Designations and Reporting Points, dated July 31, 
2024, and effective September 15, 2024, is amended as follows:

Paragraph 6002 Airspace Areas Designated as Surface Area.

* * * * *

ANM NV E2 Battle Mountain, NV [Amended]

Battle Mountain Airport, NV
    (Lat. 40[deg]35'57'' N, long. 116[deg]52'28'' W)

    That airspace extending upward from the surface within a 4.4-
mile radius of the airport and within 1.8 miles southeast and 1.9 
miles northwest of the 228[deg] bearing extending from the 4.4-mile 
radius to 4.5 miles southwest of the airport.
* * * * *

Paragraph 6004 Airspace Areas Designated as an Extension to a Class 
D or Class E Surface Area.

* * * * *

ANM NV E4 Battle Mountain, NV [New]

Battle Mountain Airport, NV
    (Lat. 40[deg]35'57'' N, long. 116[deg]52'28'' W)

    That airspace extending upward from the surface within 2.9 miles 
southeast and 3.4 miles northwest of the 221[deg] bearing extending 
from the 4.4-mile radius to 10.4 miles southwest of the airport 
excluding that airspace within the Battle Mountain Airport Class E2.
* * * * *

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

ANM NV E5 Battle Mountain, NV [Amended]

Battle Mountain Airport, NV
    (Lat. 40[deg]35'57'' N, long. 116[deg]52'28'' W)

    That airspace extending upward from 700 feet above the surface 
within a 5-mile radius of the airport, within 4.9 miles northwest 
and 1.9 miles southeast of the 051[deg] bearing extending from the 
5-mile radius to 11.1 miles northeast of the airport, within 3.5 
miles southeast and 3.6 miles northwest of the 221[deg] bearing 
extending from the 5-mile radius to 11.5 miles southwest of the 
airport, within 1.8 miles either side of the 319[deg] bearing 
extending from the 5-mile radius to 6.7 miles northwest of the 
airport, and within a 5.5-mile radius clockwise from 40[deg]41'1'' 
N, 116[deg]55'12'' W to 40[deg]41'19'' N, 116[deg]53'58'' W.
* * * * *

    Issued in Washington, DC, on December 30, 2024.
B.G. Chew,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2024-31694 Filed 1-6-25; 8:45 am]
BILLING CODE 4910-13-P
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