Amendment of Class D and Class E Airspace; Salem, OR, 12002-12004 [2016-05060]
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12002
Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Rules and Regulations
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 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]
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 5000
*
*
*
Effective 0901 UTC, May 26,
2016. 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.
DATES:
FAA Order 7400.9Z,
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 7400.9Z at NARA, call 202–741–
6030, or go to https://www.archives.gov/
federal_register/code_of_federalregulations/ibr_locations.html.
FAA Order 7400.9, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
ADDRESSES:
Class D Airspace.
*
unnecessary for Standard Instrument
Approach Procedures during Instrument
Flight Rules (IFR) operations at the
airport. This action brings the controlled
airspace into compliance with current
FAA requirements, and adds to the
safety and management of IFR
operations at the airport.
*
ANM WA E5 Willapa Harbor Heliport,
South Bend, WA [New]
Willapa Harbor Heliport, WA
(Lat. 46°39′47″ N., long. 123°48′44″ W.)
That airspace extending upward from 700
feet above the surface within a 1.8-mile
radius of Willapa Harbor Heliport, and that
airspace bounded by a line beginning at a
point where the Willapa Harbor 278° bearing
intersects the Willapa Harbor 1.8-mile radius,
thence northwest to lat. 46°42′26″ N., long.
123°55′39″ W.; to lat. 46°45′28″ N., long.
123°52′46″ W.; to lat. 46°43′55″ N., long.
123°48′46″ W.; to lat. 46°41′18″ N., long.
123°46′14″ W.; to a point where the Willapa
Harbor 98° bearing intersects the Willapa
Harbor 1.8-mile radius, thence clockwise
along the 1.8-mile radius to the point of
beginning.
Issued in Seattle, Washington, on February
26, 2016.
Christopher Ramirez,
Acting Manager, Operations Support Group,
Western Service Center.
[FR Doc. 2016–05059 Filed 3–7–16; 8:45 am]
BILLING CODE 4910–13–P
FOR FURTHER INFORMATION CONTACT:
Steve Haga, Federal Aviation
Administration, Operations Support
Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057;
telephone (425) 203–4563.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2015–3751; Airspace
Docket No. 15–ANM–20]
Amendment of Class D and Class E
Airspace; Salem, OR
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
asabaliauskas on DSK3SPTVN1PROD with RULES
AGENCY:
This action modifies Class D
airspace, Class E surface area airspace,
and Class E airspace extending upward
from 700 feet above the surface at
McNary Field, Salem, OR. After further
review, the FAA found some airspace
SUMMARY:
VerDate Sep<11>2014
16:05 Mar 07, 2016
Jkt 238001
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
Class D and Class E airspace at McNary
Field, Salem, OR.
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Fmt 4700
Sfmt 4700
History
On September 21, 2015, the FAA
published in the Federal Register a
notice of proposed rulemaking (NPRM)
to modify Class D airspace, Class E
surface area airspace, Class E airspace
extending upward from 700 feet above
the surface at McNary Field, Salem, OR,
(80 FR 56935). Interested parties were
invited to participate in this rulemaking
effort by submitting written comments
on the proposal to the FAA. A total of
71 commenters responded to the NPRM.
All comments received were considered
before making a determination on this
final rule.
Discussion of Comments
Of the 71 responses received, 19
concerned the potential economic
impact to Christmas tree farms in the
area. The FAA concurs that
approximately two thirds of the
Christmas tree farming acreage could be
adversely affected. To mitigate the
concerns for the agricultural areas, the
FAA is creating shelves in the Class D,
where feasible, between 4 and 5 miles
southeast and southwest of the airport.
Many commenters made reference to
the current airspace configuration. As
the comments do not pertain to this
proposal, no changes were required nor
made. Twenty-four commenters
requested the airspace to be changed to
a configuration that existed prior to Aug
20, 2015. The FAA does not agree; the
airspace that existed prior to Aug 20,
2015 did not protect the Instrument
Flight Rule arrivals and departures or
account for rising terrain.
Many commenters referenced the lack
of adherence to airspace design criteria
and Safety Risk Management directives
during the previous airspace
development process. The FAA does not
concur. A review of the design process
and the results was completed for both
the current and previous proposals. The
FAA found that all criteria contained in
FAA Order JO 7400.2, Procedures for
Handling Airspace Matters; FAA Order
JO 8000.369, Safety Management
System and the Administrative
Procedures Act (5 U.S.C. 501 et seq.)
were followed.
Nineteen commenters referenced a
lack of public input. The FAA
conducted a review of the process and
found that all public coordination was
completed consistent with the process
outlined in JO 7400.2.
Three commenters were concerned
that users would not be aware of
airspace changes. They recommended
that future airspace changes occur
congruently with VFR Sectional chart
publication and that a Notice to Airman
E:\FR\FM\08MRR1.SGM
08MRR1
Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Rules and Regulations
(NOTAM) be used to identify pending
changes. The FAA does not concur with
publishing airspace changes congruent
with the charting cycles; this could
unnecessarily delay airspace changes
six months to a year. Changes that
become effective outside of the chart
publication cycles are reflected in the
Airport/Facilities Directory (A/FD), in
the Aeronautical Chart Bulletin section.
Pilots are required to consult the AF/D,
prior to flying in a specific area, for
information related to airspace changes
that are pending. This publication is
reviewed to ensure the potential
airspace changes are published and
accurate. For this proposal the FAA
agrees to coordinate congruent effective
and charting dates. Additionally, the
FAA has modified its policies to allow
a facility to post a Pointer NOTAM
indicating the location of additional
information for expanding airspace, to
advise the aviation community of an
airspace increase or altitude change that
occurs outside of a sectional chart cycle.
Several commenters stated that Salem
air traffic control tower was not aware
of the changes. The FAA does not agree
with these comments, as the facility was
directly involved in and concurred
with, the previous and current
proposals.
The Rule
Changes From the NPRM
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.
The description of the Class D
airspace area has been modified from
that proposed in the NPRM. In light of
public input, the FAA reevaluated the
Class D design for McNary Field and
incorporated shelves to facilitate access,
into and out of the impacted Christmas
Tree Farms, by commercial operators.
Class D and Class E airspace
designations are published in paragraph
5000, 6002, and 6005, respectively, of
FAA Order 7400.9Z, dated August 6,
2015, and effective September 15, 2015,
which is incorporated by reference in 14
CFR part 71.1. The Class E airspace
designation listed in this document will
be published subsequently in the Order.
asabaliauskas on DSK3SPTVN1PROD with RULES
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.
VerDate Sep<11>2014
16:05 Mar 07, 2016
Jkt 238001
This amendment to Title 14, Code of
Federal Regulations (14 CFR) part 71
modifies Class D airspace, Class E
surface area airspace, and Class E
airspace extending upward from 700
feet above the surface at McNary Field,
Salem, OR. After further review, the
FAA found some airspace unnecessary
when implementing Standard
Instrument Approach Procedures for
Instrument Flight Rules (IFR) operations
at the airport. Class D airspace is
extended upward from the surface to
and including 2,700 feet within a 4-mile
radius of McNary Field Airport,
extending to 5 miles from the east
clockwise to the north, excluding
segments below 1,500 feet beyond 4
miles east and southwest of the airport.
Class E surface area airspace extends
upward from the surface within a 4-mile
radius of McNary Field Airport,
extending to 5 miles from the east
clockwise to the north of the airport.
Class E airspace extending upward from
700 feet above the surface is modified to
within a 6.2-mile radius south to the
northwest of McNary Field, with
segments extending to 6.7 miles to the
northeast, and 8.2 miles to the southeast
of the airport.
Regulatory Notices and Analyses
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
PO 00000
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Fmt 4700
Sfmt 4700
12003
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
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]
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 5000
Class D Airspace.
*
*
*
*
ANM OR D
*
Salem, OR [Modified]
Salem, McNary Field, OR
(Lat. 44°54′34″ N., long. 123°00′09″ W.)
That airspace extending upward from the
surface to and including 2,700 feet within a
4-mile radius of McNary Field from the 330°
bearing from the airport clockwise to the 74°
bearing, extending to a 5-mile radius from the
74° bearing clockwise to the 330° bearing
from the airport, excluding that airspace
below 1,500 feet beyond 4 miles from the
airport from the 74° bearing clockwise to the
133° bearing, and that airspace below 1,500
feet beyond 4 miles from the airport from the
164° bearing clockwise to the 254° bearing
from the airport. This Class D airspace area
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
Airport/Facility Directory.
Paragraph 6002 Class E Airspace
Designated as Surface Areas.
*
*
*
ANM OR E2
*
*
Salem, OR [Modified]
Salem, McNary Field, OR
(Lat. 44°54′34″ N., long. 123°00′09″ W.)
That airspace extending upward from the
surface within a 4-mile radius of McNary
Field from the 330° bearing from the airport
clockwise to the 074° bearing, and that
airspace within a 5-mile radius of McNary
Field from the 074° bearing from the airport
clockwise to the 330° bearing.
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Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Rules and Regulations
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
*
ANM OR E5 Salem, OR [Modified]
Salem, McNary Field, OR
(Lat. 44°54′34″ N., long. 123°00′09″ W.)
That airspace extending upward from 700
feet above the surface within a 6.2-mile
radius of McNary Field from the 164° bearing
from the airport clockwise to the 315°
bearing, and that airspace within a 6.7-mile
radius of McNary Field from the 315° bearing
from the airport clockwise to the 074°
bearing, and that airspace within a 8.2-mile
radius of McNary Field from the 074° bearing
from the airport clockwise to the 164° bearing
of the airport.
Issued in Seattle, Washington, on February
26, 2016.
Tracey Johnson,
Manager, Operations Support Group, Western
Service Center.
[FR Doc. 2016–05060 Filed 3–7–16; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
ERC Entity List Decisions
[Docket No. 160106014–6014–01]
RIN 0694–AG82
Additions to the Entity List
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
This rule amends the Export
Administration Regulations (EAR) by
adding four entities to the Entity List.
The U.S. Government has determined
that the four entities are acting contrary
to the national security or foreign policy
interests of the United States. The four
entities will be listed on the Entity List
under the destinations of People’s
Republic of China (China) and Iran.
DATES: This rule is effective March 8,
2016.
SUMMARY:
asabaliauskas on DSK3SPTVN1PROD with RULES
FOR FURTHER INFORMATION CONTACT:
Chair, End-User Review Committee,
Office of the Assistant Secretary, Export
Administration, Bureau of Industry and
Security, Department of Commerce,
Phone: (202) 482–5991, Fax: (202) 482–
3911, Email: ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
The Entity List (Supplement No. 4 to
Part 744) identifies entities and other
persons reasonably believed to be
involved, or to pose a significant risk of
VerDate Sep<11>2014
16:05 Mar 07, 2016
being or becoming involved, in
activities contrary to the national
security or foreign policy interests of the
United States. The EAR imposes
additional licensing requirements on,
and limits the availability of most
license exceptions for, exports,
reexports, and transfers (in-country) to
those listed. The ‘‘license review
policy’’ for each listed entity or other
person is identified in the License
Review Policy column on the Entity List
and the impact on the availability of
license exceptions is described in the
Federal Register notice adding entities
or other persons to the Entity List. BIS
places entities and other persons on the
Entity List pursuant to sections of part
744 (Control Policy: End-User and EndUse Based) and part 746 (Embargoes and
Other Special Controls) of the EAR.
The ERC, composed of representatives
of the Departments of Commerce
(Chair), State, Defense, Energy, and,
where appropriate, the Treasury,
determines all additions to, removals
from, and other modifications to the
Entity List. The ERC makes decisions to
add an entry to the Entity List by
majority vote and decisions to remove
or modify an entry by unanimous vote.
Jkt 238001
Additions to the Entity List
This rule implements the decision of
the ERC to add four entities—three in
China and one in Iran—to the Entity List
under the authority of § 744.11 (License
requirements that apply to entities
acting contrary to the national security
or foreign policy interests of the United
States) of the EAR.
The ERC reviewed § 744.11(b)
(Criteria for revising the Entity List) in
making the determination to list these
four entities. Under that paragraph,
entities and other persons for which
there is reasonable cause to believe,
based on specific and articulable facts,
have been involved, are involved, or
pose a significant risk of being or
becoming involved in, activities that are
contrary to the national security or
foreign policy interests of the United
States, and those acting on behalf of
such persons, may be added to the
Entity List. Paragraphs (b)(1) through (5)
of § 744.11 set out an illustrative list of
activities that could be contrary to the
national security or foreign policy
interests of the United States.
Pursuant to § 744.11 of the EAR, the
ERC determined that Zhongxing
Telecommunications Equipment
Corporation (‘‘ZTE Corporation’’),
located at ZTE Plaza, Keji Road South,
Hi-Tech Industrial Park, Nenshan
District, Shenzhen, China, be added to
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
the Entity List under the destination of
China for actions contrary to the
national security and foreign policy
interests of the United States.
Specifically, the ZTE Corporation
document ‘‘Report Regarding
Comprehensive Reorganization and
Standardization of the Company Export
Control Related Matters’’ (available at
https://www.bis.doc.gov) indicates that
ZTE Corporation has reexported
controlled items to sanctioned countries
contrary to United States law. The ZTE
Corporation document ‘‘Proposal for
Import and Export Control Risk
Avoidance’’ (available at https://
www.bis.doc.gov) describes how ZTE
Corporation also planned and organized
a scheme to establish, control, and use
a series of ‘‘detached’’ (i.e., shell)
companies to illicitly reexport
controlled items to Iran in violation of
U.S. export control laws.
Pursuant to § 744.11 of the EAR, the
ERC determined that three entities
located in China and one in Iran should
be added to the Entity List for actions
contrary to the national security or
foreign policy interests of the United
States. Specifically, the following three
entities (in addition to ZTE Corporation)
were identified in the scheme
developed by ZTE Corporation to
reexport controlled items to Iran
contrary to United States law, as
detailed in the ZTE Corporation
document ‘‘Proposal for Import and
Export Control Risk Avoidance,’’
referenced above and available on the
BIS Web site:
(a) ZTE Kangxun Telecommunications Ltd.
is named in the ZTE Corporation document
‘‘Proposal for Import and Export Control Risk
Avoidance.’’ This entity was designated by
ZTE Corporation to purchase controlled
items and provide them to a Chinese
intermediary trading company for reexport to
Iran.
(b) Beijing 8-Star, identified as ‘‘8S’’ is
described in the ZTE Corporation document
‘‘Proposal for Import and Export Control Risk
Avoidance.’’ This entity was designated by
ZTE Corporation to sign contracts with
Iranian clients, make purchases of controlled
items, and reexport the items from China to
Iran.
(c) ZTE Parsian is identified as ‘‘ZTE YL’’
in the ZTE Corporation document ‘‘Proposal
for Import and Export Control Risk
Avoidance.’’ This entity was designated by
ZTE Corporation to facilitate the illicit
reexport scheme by providing contracted
engineering services to ZTE client(s) in Iran
receiving the controlled items.
Pursuant to § 744.11(b)(5) of the EAR,
the ERC determined that the conduct of
these four entities raises sufficient
concern that the prior review of exports,
reexports, and transfers (in-country) of
items subject to the EAR involving these
E:\FR\FM\08MRR1.SGM
08MRR1
Agencies
[Federal Register Volume 81, Number 45 (Tuesday, March 8, 2016)]
[Rules and Regulations]
[Pages 12002-12004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05060]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2015-3751; Airspace Docket No. 15-ANM-20]
Amendment of Class D and Class E Airspace; Salem, OR
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action modifies Class D airspace, Class E surface area
airspace, and Class E airspace extending upward from 700 feet above the
surface at McNary Field, Salem, OR. After further review, the FAA found
some airspace unnecessary for Standard Instrument Approach Procedures
during Instrument Flight Rules (IFR) operations at the airport. This
action brings the controlled airspace into compliance with current FAA
requirements, and adds to the safety and management of IFR operations
at the airport.
DATES: Effective 0901 UTC, May 26, 2016. 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 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 7400.9Z at NARA, call 202-741-6030, or go to https://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: Steve Haga, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4563.
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 Class D and Class E airspace at McNary Field, Salem, OR.
History
On September 21, 2015, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to modify Class D airspace, Class
E surface area airspace, Class E airspace extending upward from 700
feet above the surface at McNary Field, Salem, OR, (80 FR 56935).
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. A
total of 71 commenters responded to the NPRM. All comments received
were considered before making a determination on this final rule.
Discussion of Comments
Of the 71 responses received, 19 concerned the potential economic
impact to Christmas tree farms in the area. The FAA concurs that
approximately two thirds of the Christmas tree farming acreage could be
adversely affected. To mitigate the concerns for the agricultural
areas, the FAA is creating shelves in the Class D, where feasible,
between 4 and 5 miles southeast and southwest of the airport.
Many commenters made reference to the current airspace
configuration. As the comments do not pertain to this proposal, no
changes were required nor made. Twenty-four commenters requested the
airspace to be changed to a configuration that existed prior to Aug 20,
2015. The FAA does not agree; the airspace that existed prior to Aug
20, 2015 did not protect the Instrument Flight Rule arrivals and
departures or account for rising terrain.
Many commenters referenced the lack of adherence to airspace design
criteria and Safety Risk Management directives during the previous
airspace development process. The FAA does not concur. A review of the
design process and the results was completed for both the current and
previous proposals. The FAA found that all criteria contained in FAA
Order JO 7400.2, Procedures for Handling Airspace Matters; FAA Order JO
8000.369, Safety Management System and the Administrative Procedures
Act (5 U.S.C. 501 et seq.) were followed.
Nineteen commenters referenced a lack of public input. The FAA
conducted a review of the process and found that all public
coordination was completed consistent with the process outlined in JO
7400.2.
Three commenters were concerned that users would not be aware of
airspace changes. They recommended that future airspace changes occur
congruently with VFR Sectional chart publication and that a Notice to
Airman
[[Page 12003]]
(NOTAM) be used to identify pending changes. The FAA does not concur
with publishing airspace changes congruent with the charting cycles;
this could unnecessarily delay airspace changes six months to a year.
Changes that become effective outside of the chart publication cycles
are reflected in the Airport/Facilities Directory (A/FD), in the
Aeronautical Chart Bulletin section. Pilots are required to consult the
AF/D, prior to flying in a specific area, for information related to
airspace changes that are pending. This publication is reviewed to
ensure the potential airspace changes are published and accurate. For
this proposal the FAA agrees to coordinate congruent effective and
charting dates. Additionally, the FAA has modified its policies to
allow a facility to post a Pointer NOTAM indicating the location of
additional information for expanding airspace, to advise the aviation
community of an airspace increase or altitude change that occurs
outside of a sectional chart cycle.
Several commenters stated that Salem air traffic control tower was
not aware of the changes. The FAA does not agree with these comments,
as the facility was directly involved in and concurred with, the
previous and current proposals.
Changes From the NPRM
The description of the Class D airspace area has been modified from
that proposed in the NPRM. In light of public input, the FAA
reevaluated the Class D design for McNary Field and incorporated
shelves to facilitate access, into and out of the impacted Christmas
Tree Farms, by commercial operators.
Class D and Class E airspace designations are published in
paragraph 5000, 6002, and 6005, respectively, of FAA Order 7400.9Z,
dated August 6, 2015, and effective September 15, 2015, which is
incorporated by reference in 14 CFR part 71.1. The Class E airspace
designation 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 D airspace, Class E surface area airspace, and
Class E airspace extending upward from 700 feet above the surface at
McNary Field, Salem, OR. After further review, the FAA found some
airspace unnecessary when implementing Standard Instrument Approach
Procedures for Instrument Flight Rules (IFR) operations at the airport.
Class D airspace is extended upward from the surface to and including
2,700 feet within a 4-mile radius of McNary Field Airport, extending to
5 miles from the east clockwise to the north, excluding segments below
1,500 feet beyond 4 miles east and southwest of the airport. Class E
surface area airspace extends upward from the surface within a 4-mile
radius of McNary Field Airport, extending to 5 miles from the east
clockwise to the north of the airport. Class E airspace extending
upward from 700 feet above the surface is modified to within a 6.2-mile
radius south to the northwest of McNary Field, with segments extending
to 6.7 miles to the northeast, and 8.2 miles to the southeast of the
airport.
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 5-6.5a. 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 7400.9Z,
Airspace Designations and Reporting Points, dated August 6, 2015, and
effective September 15, 2015, is amended as follows:
Paragraph 5000 Class D Airspace.
* * * * *
ANM OR D Salem, OR [Modified]
Salem, McNary Field, OR
(Lat. 44[deg]54'34'' N., long. 123[deg]00'09'' W.)
That airspace extending upward from the surface to and including
2,700 feet within a 4-mile radius of McNary Field from the 330[deg]
bearing from the airport clockwise to the 74[deg] bearing, extending
to a 5-mile radius from the 74[deg] bearing clockwise to the
330[deg] bearing from the airport, excluding that airspace below
1,500 feet beyond 4 miles from the airport from the 74[deg] bearing
clockwise to the 133[deg] bearing, and that airspace below 1,500
feet beyond 4 miles from the airport from the 164[deg] bearing
clockwise to the 254[deg] bearing from the airport. This Class D
airspace area 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 Airport/
Facility Directory.
Paragraph 6002 Class E Airspace Designated as Surface Areas.
* * * * *
ANM OR E2 Salem, OR [Modified]
Salem, McNary Field, OR
(Lat. 44[deg]54'34'' N., long. 123[deg]00'09'' W.)
That airspace extending upward from the surface within a 4-mile
radius of McNary Field from the 330[deg] bearing from the airport
clockwise to the 074[deg] bearing, and that airspace within a 5-mile
radius of McNary Field from the 074[deg] bearing from the airport
clockwise to the 330[deg] bearing.
[[Page 12004]]
Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.
* * * * *
ANM OR E5 Salem, OR [Modified]
Salem, McNary Field, OR
(Lat. 44[deg]54'34'' N., long. 123[deg]00'09'' W.)
That airspace extending upward from 700 feet above the surface
within a 6.2-mile radius of McNary Field from the 164[deg] bearing
from the airport clockwise to the 315[deg] bearing, and that
airspace within a 6.7-mile radius of McNary Field from the 315[deg]
bearing from the airport clockwise to the 074[deg] bearing, and that
airspace within a 8.2-mile radius of McNary Field from the 074[deg]
bearing from the airport clockwise to the 164[deg] bearing of the
airport.
Issued in Seattle, Washington, on February 26, 2016.
Tracey Johnson,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2016-05060 Filed 3-7-16; 8:45 am]
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