This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

9125 

Vol. 90, No. 25 

Friday, February 7, 2025 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2023–2255; Airspace 

Docket No. 23–ASO–52] 

RIN 2120–AA66 

Amendment of Class E Airspace; 

Marion, NC 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

airspace extending upward from 700 

feet above the surface for Mission 

Hospital McDowell, Marion, NC, by 

adding airspace for Mission Hospital 

McDowell Heliport. This action also 

corrects the name from McDowell 

Hospital to Mission Hospital McDowell. 

It also removes Point In Space 

Coordinates for McDowell Hospital and 

replaces them with the correct Mission 

Hospital McDowell coordinates. 

Controlled airspace is necessary for the 

safety and management of instrument 

flight rules (IFR) operations at this 

airport. 

DATES: Effective date 0901 UTC, April 

17, 2025. 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 a day, 365 days a year. 

FAA Order JO 7400.11J, Airspace 

Designations, and Reporting Points, as 

well as 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, 600 

Independence Avenue SW, Washington, 

DC 20597; telephone: (202) 267–8783. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Cruz, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, 1701 Columbia Avenue, 

College Park, GA 30337; telephone: 

(404) 305–5571. 

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 amends 

Class E airspace extending upward from 

700 feet above the surface at Mission 

Hospital McDowell, Marion, NC. 

History 

The FAA published a notice of 

proposed rulemaking for Docket No. 

FAA 2023–2255 in the Federal Register 

(89 FR 84305; October 22, 2024), 

proposing to amend Class E airspace 

extending upward from 700 feet above 

the surface for Mission Hospital 

McDowell, Marion, NC. 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 7400.11J, 

dated July 31, 2024, and effective 

September 15, 2024. FAA Order JO 

7400.11J 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 

7400.11J lists Class A, B, C, D, and E 

airspace areas, air traffic service routes, 

and reporting points. 

The Rule 

This amendment to 14 CFR part 71 

amends Class E airspace extending 

upward from 700 feet above the surface 

for Mission Hospital McDowell, Marion, 

NC, by relocating the center point of the 

Class E airspace extending upward from 

700 feet above the surface within a 6- 

mile radius of Mission Hospital 

McDowell, providing the controlled 

airspace required to support the new 

RNAV (GPS) standard instrument 

approach procedures for IFR operations 

at the heliport. Additionally, this action 

corrects the name from McDowell 

Hospital to Mission Hospital McDowell. 

It deletes the Point In Space Coordinates 

for McDowell Hospital utilizing Mission 

Hospital McDowell as a reference to 

accommodate Class E airspace 

requirements. Furthermore, this action 

removes the Rutherfordton, NC, Class E 

airspace area exclusion. Controlled 

airspace is necessary for the safety and 

management of instrument flight rules 

(IFR) operations in the area. 

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 


lotter on DSK11XQN23PROD with RULES1
9126 Federal Register / Vol. 90, No. 25 / Friday, February 7, 2025 / Rules and Regulations 

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). 

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); 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 JO 7400.11J, 

Airspace Designations and Reporting 

Points, dated July 31, 2024, and 

effective September 15, 2024, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO NC E5 Marion, NC [Amended] 

Mission Hospital McDowell, NC 

(Lat. 35°39′45′′ N, long. 82°01′46′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6-mile radius 

of Mission Hospital McDowell. 

* * * * * 

Issued in College Park, Georgia, on January 

31, 2025. 

Andreese C. Davis, 

Manager, Airspace & Procedures Team South, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2025–02323 Filed 2–6–25; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2022–0222] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Okeechobee Waterway, Stuart, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule; request 

for comments. 

SUMMARY: The Coast Guard is reinstating 

the temporarily modified operating 

schedule that governs the Florida East 

Coast (FEC) Railroad Bridge, across the 

Okeechobee Waterway (OWW), mile 

7.41, at Stuart, FL. This action allows 

for continuity for drawbridge operations 

while the Coast Guard evaluates 

documentation received for a request to 

permanently change the operating 

regulation. This temporary interim rule 

will be in place until May 31, 2025. 

DATES: This temporary interim rule is 

effective without actual notice from 

February 7, 2025 through 11:59 p.m. on 

May 31, 2025. For purposes of 

enforcement, this temporary interim 

rule will be enforced with actual notice 

from January 29, 2025, until February 7, 

2025. Comments and related material 

must reach the Coast Guard on or before 

March 10, 2025. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov. Type the docket 

number USCG–2022–0222 in the 

‘‘SEARCH’’ box and click ‘‘SEARCH’’. In 

the Document Type column, select 

‘‘Supporting & Related Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

interim rule, call, or email Ms. Jennifer 

Zercher, Bridge Management Specialist, 

Seventh Coast Guard District; telephone 

571–607–5951, email 

Jennifer.N.Zercher@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

OMB Office of Management and Budget 

NPRM Notice of Proposed Rulemaking 

(Advance, Supplemental) 

§ Section 

U.S.C. United States Code 

FL Florida 

NPRM Notice of Proposed Rulemaking 

TIR Temporary Interim Rule 

FECR Florida East Coast Railway 

FEC Florida East Coast 

OWW Okeechobee Waterway 

II. Background Information and 

Regulatory History 

On August 7, 2024, the Coast Guard 

published a Temporary Interim Rule 

(TIR) temporarily modifying the 

drawbridge operation regulation for the 

Florida East Coast (FEC) Railroad 

Bridge, across the Okeechobee 

Waterway (OWW), mile 7.41, at Stuart, 

FL (89 FR 64367). This action was 

necessary to allow for continuity of 

drawbridge operations while the Coast 

Guard evaluates documentation 

received for a request to permanently 

change the drawbridge operation 

regulation. Allowing the drawbridge to 

return to its regular operating schedule 

would not meet the reasonable needs of 

navigation given the increase in railway 

traffic. 

The Coast Guard originally published 

a temporary rule to be effective through 

December 31, 2024. We are now 

reinstating it to May 31, 2025, to 

provide more time to properly evaluate 

documentation associated with a 

permanent drawbridge operation 

regulation change request while 

maintaining continuity in drawbridge 

operations. 

The Seventh Coast Guard District 

Commander has determined the 

extension of the temporary modified 

operating regulation is warranted as the 

temporary drawbridge operation 

regulation has provided predictable and 

reliable drawbridge openings. 

The Coast Guard is extending this 

temporary interim rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b), the Coast Guard finds that good 

cause exists for not publishing a notice 

of proposed rulemaking (NPRM) with 

respect to this rule because it is 

impracticable. The Coast Guard did not 

receive the marine traffic study in 

sufficient time to properly evaluate the 

data, make a reasonable decision and 

continue with federal rulemaking prior 

to the expiration of the TIR. Allowing 

the drawbridge to return to its regular 

operating schedule would not meet the 

reasonable needs of navigation given the 

increase in railway traffic. The regular 

operating schedule does not provide 

predictable and reliable drawbridge 

openings. 


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