[Federal Register Volume 87, Number 69 (Monday, April 11, 2022)]
[Rules and Regulations]
[Pages 21006-21007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07591]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-1147; Airspace Docket No. 21-AGL-37]
RIN 2120-AA66


Amendment of Class E Airspace; Pembina, ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class E airspace at Pembina, ND. This 
action is due to an airspace review conducted as part of the 
decommissioning of the Humbolt very high frequency (VHF) 
omnidirectional range (VOR) as part of the VOR Minimal Operational 
Network (MON) Program. The geographic coordinates of the airport are 
also being updated to coincide with the FAA's aeronautical database.

DATES: Effective 0901 UTC, July 14, 2022. 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: FAA Order JO 7400.11F, 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.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation

[[Page 21007]]

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. 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 amends the Class E airspace extending upward from 700 feet above 
the surface at Pembina Municipal Airport, Pembina, ND, to support 
instrument flight rule operations at this airport.

History

    The FAA published a notice of proposed rulemaking (NPRM) in the 
Federal Register (86 FR 73200; December 27, 2021) for Docket No. FAA-
2021-1147 to amend the Class E airspace at Pembina, ND. Interested 
parties were invited to participate in this rulemaking effort by 
submitting written comments on the proposal to the FAA. No comments 
were received.
    Class E airspace designations are published in paragraph 6005 of 
FAA Order JO 7400.11F, dated August 10, 2021, and effective September 
15, 2021, which is incorporated by reference in 14 CFR 71.1. The Class 
E airspace designations listed in this document will be published 
subsequently in FAA Order JO 7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11F, Airspace Designations 
and Reporting Points, dated August 10, 2021, and effective September 
15, 2021. FAA Order JO 7400.11F is publicly available as listed in the 
ADDRESSES section of this document. FAA Order JO 7400.11F lists Class 
A, B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

Differences From the NPRM

    Subsequent to publication, the FAA discovered a typographical error 
in the title of the NPRM, ``Proposed Establishment of Class E Airspace; 
Pembina, ND'' should have been ``Proposed Amendment of Class E 
Airspace; Pembina, ND''. As this error was only in the title and does 
not impact the actual airspace being amended, it has been corrected in 
this action.

The Rule

    This amendment to 14 CFR part 71 amends the Class E airspace 
extending upward from 700 feet above the surface to within a 6.4-mile 
(increased from a 6.2-mile) radius of Pembina Municipal Airport, 
Pembina, ND; removes the Humbolt VORTAC and associated extension from 
the airspace legal description; removes Grand Forks AFB, Devils Lake 
VOR/DME, and the airspace extending upward from 1,200 feet above the 
surface from the airspace legal description as it is covered by the 
Class E airspace extending upward from 1,200 feet above the surface 
over the State of North Dakota, is redundant, and no longer needed; 
adds exclusionary language north of latitude 49[deg]00'00'' N. that 
prevents the airspace from extending into Canadian airspace; and 
updates the geographic coordinates of the airport to coincide with the 
FAA's aeronautical database.
    This action is due to an airspace review conducted as part of the 
decommissioning of the Humbolt VOR, which provided navigation 
information for the instrument procedures at this airport, as part of 
the VOR MON Program.
    FAA Order JO 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 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.


71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 
7400.11F, Airspace Designations and Reporting Points, dated August 10, 
2021, and effective September 15, 2021, is amended as follows:

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

* * * * *

AGL ND E5 Pembina, ND [Amended]

Pembina Municipal Airport, ND
    (Lat. 48[deg]56'33'' N, long. 97[deg]14'26'' W)

    That airspace extending upward from 700 feet above the surface 
within a 6.4-mile radius of Pembina Municipal Airport, excluding 
that airspace north of lat. 49[deg]00'00'' N.

    Issued in Fort Worth, Texas, on April 5, 2022.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2022-07591 Filed 4-8-22; 8:45 am]
BILLING CODE 4910-13-P