Amendment of Class E Airspace, Salem, OR, 10544-10546 [2017-02489]
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10544
Federal Register / Vol. 82, No. 29 / Tuesday, February 14, 2017 / Rules and Regulations
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Inspection of Couplings and Installation
of Spray Shrouds
For Groups and Configurations as
identified in Boeing Alert Service Bulletin
767–38A0073, Revision 2, dated August 10,
2015, as applicable: At the applicable times
identified in paragraph 1.E., ‘‘Compliance,’’
of Boeing Alert Service Bulletin 767–
38A0073, Revision 2, dated August 10, 2015,
except as required by paragraph (h) of this
AD, do the actions specified in paragraphs
(g)(1) and (g)(2) of this AD, as applicable.
(1) Do a general visual inspection for
plastic potable water couplings; do all
applicable related investigative and
corrective actions; and install new spray
shrouds, including a new hose assembly, as
applicable; in accordance with the
Accomplishment Instructions of Boeing Alert
Service Bulletin 767–38A0073, Revision 2,
dated August 10, 2015. Do all applicable
related investigative and corrective actions
within the applicable compliance time
identified in paragraph 1.E., ‘‘Compliance,’’
of Boeing Alert Service Bulletin 767–
38A0073, Revision 2, dated August 10, 2015,
except as required by paragraph (h) of this
AD.
(2) Within 72 months after the effective
date of this AD, do a general visual
inspection of the spray shield to determine
if it has two slits and is installed correctly,
and before further flight, do all applicable
related investigative and corrective actions,
in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin
767–38A0073, Revision 2, dated August 10,
2015.
Note 1 to paragraph (g) of this AD:
Operators can take optional protective
measures to cover or shield their equipment
against water spray when performing the
Potable Water System Leakage Test, as
specified in Boeing Alert Service Bulletin
767–38A0073, Revision 2, dated August 10,
2015.
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(h) Exception to the Service Information
Where paragraph 1.E., ‘‘Compliance,’’ of
Boeing Alert Service Bulletin 767–38A0073,
Revision 2, dated August 10, 2015, specifies
a compliance time ‘‘after the original issue
date of this service bulletin,’’ this AD
requires compliance within the specified
compliance time after the effective date of
this AD.
(i) Additional Method of Compliance
Boeing Alert Service Bulletin 767–
38A0073, Revision 3, dated September 8,
2016, is acceptable for compliance with the
requirements of paragraph (g) of this AD, as
applicable to the Groups and Configurations
as identified in Boeing Alert Service Bulletin
767–38A0073, Revision 3, dated September
8, 2016.
(j) Parts Installation Prohibition
As of the effective date of this AD, no
person may install any plastic potable water
coupling having part number (P/N) CA620
series or P/N CA625 series on any airplane.
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15:57 Feb 13, 2017
Jkt 241001
(k) Credit for Previous Actions
For airplanes in Groups 4 through 8, 10,
12, and 13, as identified in Boeing Alert
Service Bulletin 767–38A0073, Revision 2,
dated August 10, 2015: This paragraph
provides credit for the actions specified in
paragraph (g) of this AD, if those actions were
performed before the effective date of this AD
using Boeing Alert Service Bulletin 767–
38A0073, dated November 12, 2013; or
Boeing Service Bulletin 767–38A0073,
Revision 1, dated November 5, 2014.
(l) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
or local Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the ACO, send it to the
attention of the person identified in
paragraph (m)(1) of this AD. Information may
be emailed to: 9-ANM-Seattle-ACO-AMOCRequests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by the Boeing
Commercial Airplanes Organization
Designation Authorization (ODA) that has
been authorized by the Manager, Seattle
ACO, to make those findings. To be
approved, the repair method, modification
deviation, or alteration deviation must meet
the certification basis of the airplane, and the
approval must specifically refer to this AD.
(4) For service information that contains
steps that are labeled as Required for
Compliance (RC), the provisions of
paragraphs (l)(4)(i) and (l)(4)(ii) of this AD
apply.
(i) The steps labeled as RC, including
substeps under an RC step and any figures
identified in an RC step, must be done to
comply with the AD. If a step or substep is
labeled ‘‘RC Exempt,’’ then the RC
requirement is removed from that step or
substep. An AMOC is required for any
deviations to RC steps, including substeps
and identified figures.
(ii) Steps not labeled as RC may be
deviated from using accepted methods in
accordance with the operator’s maintenance
or inspection program without obtaining
approval of an AMOC, provided the RC steps,
including substeps and identified figures, can
still be done as specified, and the airplane
can be put back in an airworthy condition.
(m) Related Information
(1) For more information about this AD,
contact Stanley Chen, Aerospace Engineer,
Cabin Safety and Environmental Systems
Branch, ANM–150S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue
SW., Renton, WA 98057–3356; phone: 425–
917–6585; fax: 425–917–6590; email:
stanley.chen@faa.gov.
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(2) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (n)(3) and (n)(4) of this AD.
(n) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Boeing Alert Service Bulletin 767–
38A0073, Revision 2, dated August 10, 2015.
(ii) Boeing Alert Service Bulletin 767–
38A0073, Revision 3, dated September 8,
2016.
(3) For Boeing service information
identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data &
Services Management, P.O. Box 3707, MC
2H–65, Seattle, WA 98124–2207; telephone
206–544–5000, extension 1; fax 206–766–
5680; Internet https://
www.myboeingfleet.com.
(4) You may view this service information
at the FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on January
11, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2017–01338 Filed 2–13–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2016–6984; Airspace
Docket No. 16–ANM–5]
Amendment of Class E Airspace,
Salem, OR
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action modifies the Class
E airspace extending upward from 700
feet above the surface at McNary Field,
Salem, OR. After a review of the
airspace, the FAA found additional
airspace is required to support the
current standard instrument approach
and departure procedures for the safety
SUMMARY:
E:\FR\FM\14FER1.SGM
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Federal Register / Vol. 82, No. 29 / Tuesday, February 14, 2017 / Rules and Regulations
and management of Instrument Flight
Rules (IFR) operations at the airport.
DATES: Effective 0901 UTC, April 27,
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
7400.11A and publication of conforming
amendments.
ADDRESSES: FAA Order 7400.11A,
Airspace Designations and Reporting
Points, and subsequent amendments can
be viewed on line 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
this material at NARA, call 202–741–
6030, or go to https://www.archives.gov/
federal_register/code_of_federalregulations/ibr_locations.html.
FAA Order 7400.11, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
FOR FURTHER INFORMATION CONTACT:
Richard Roberts, Federal Aviation
Administration, Operations Support
Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057;
telephone (425) 203–4517.
SUPPLEMENTARY INFORMATION:
sradovich on DSK3GMQ082PROD with RULES
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 modifies
controlled airspace at McNary Field,
Salem, OR.
History
The airspace in the area of McNary
Field, Salem, Oregon has been the
subject of three recent airspace actions.
In June 2015, the FAA issued a final
rule modifying Class D airspace, Class E
surface area airspace, Class E airspace
VerDate Sep<11>2014
15:57 Feb 13, 2017
Jkt 241001
extending upward from 700 feet above
the surface, and removing Class E
surface area airspace designated as an
extension at McNary Field, Salem, OR
(80 FR 37153, June 30, 2015). The FAA
explained that due to the proposed
cancellation of the Turno nondirectional radio beacon (NDB) and
cancellation of the NDB approach, a
review of the airspace was completed,
revealing an increase and
reconfiguration of the airspace was
needed for IFR operations. The final
rule was effective August 20, 2015.
After August 20, 2015 the FAA
received and considered additional
public comments recommending further
airspace changes. The FAA published a
notice of proposed rulemaking (NPRM)
on September 21, 2015 (80 FR 56935),
proposing to modify Class D airspace,
Class E surface area airspace, and Class
E airspace extending upward from 700
feet above the surface at McNary Field.
The FAA determined that some airspace
was unnecessary for Standard
Instrument Approach Procedures (SIAP)
for instrument flight rules (IFR)
operations at the airport. The FAA
received 71 comments including 24
comments requesting that the airspace
be returned to the configuration that
was in place prior to August 20, 2015.
The FAA issued another final rule on
March 8, 2016 (81 FR 12002), explaining
in response to the public comments that
returning to the prior airspace
configuration would not protect the IFR
arrivals and departures or account for
existing terrain.
After March 8, 2016, the FAA
received additional public comments
citing a potential safety issue with the
Localizer (LOC) Y runway (RWY) 31,
and the LOC/Distance Measuring
Equipment (DME) Back Course (BC)
approach to RWY 13. The FAA
investigated this issue and on June 29,
2016, the FAA published in the Federal
Register a notice of proposed
rulemaking (NPRM), (81 FR 42293)
Docket FAA–2016–6984, to modify
Class E airspace extending upward from
700 feet above the surface at McNary
Field, Salem, OR, to provide additional
airspace to support the Localizer (LOC)
Y runway (RWY) 31, and the LOC/
Distance Measuring Equipment (DME)
Back Course (BC) approach to RWY 13.
Interested parties were invited to
participate in this rulemaking effort by
submitting written comments on the
proposal to the FAA. Ten comments
were received.
Discussion of Comments
There were ten comments received
from seven commenters; one individual
provided three separate comments. One
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10545
comment was a duplicate and one
provided feedback on the two earlier
final rules and not the current proposal.
To the extent that commenters raised
concerns pertaining to the earlier
airspace actions (e.g., modifications to
Class D airspace), the FAA notes that
those comments are outside the scope of
this proposal.
One commenter supported the current
proposal. Six commenters requested the
airspace be returned to the configuration
that existed prior to August 20, 2015.
The FAA does not agree; the airspace
that existed prior to August 20, 2015 did
not comply with FAA Order 7400.2K,
Procedures for Handling Airspace
Matters in that it overstated some
airspace areas necessary for Instrument
Flight Rules (IFR) arrivals and did not
provide sufficient airspace in other
areas to protect IFR departures until
reaching 700 feet above the surface due
to rising terrain.
Four commenters recommended the
use of Class E4 arrival extensions. The
FAA does not agree. FAA Order 7400.2
states that Class E4 arrival extensions
are to be employed at the point where
an aircraft descends below 1,000 feet if
it is farther than two miles from, and
outside the surface airspace. IFR aircraft
at McNary Field, Salem, OR, descend to
1,000 feet above ground level within
Class D airspace on all approaches.
Four commenters cited that the FAA
did not comply with guidance in five of
their own directives: FAA Orders
8260.3C, United States Standard for
Terminal Instrument Procedures
(TERPS); 8200.44A, Flight Inspection
Services Instrument Flight Procedure
Coordination; 8260.19G, Flight
Procedures and Airspace; 8260.26F,
Establishing Submission Cutoff Dates
for Civil Instrument Flight Procedures;
and 7400.2K, Procedures for Handling
Airspace Matters. No specific examples
were provided, except two commenters
stated the FAA was not in compliance
with Order 7400.2K page 17–2–4 when
designing the Class D airspace. The FAA
disagrees as the current Class D airspace
is in compliance with this guidance.
Further, the Class D airspace is not
relevant to this rulemaking action.
Class E airspace designations are
published in paragraph 6005 of FAA
Order 7400.11A, dated August 3, 2016,
and effective September 15, 2016, 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.
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Federal Register / Vol. 82, No. 29 / Tuesday, February 14, 2017 / Rules and Regulations
that warrant preparation of an
environmental assessment.
Availability and Summary of
Documents for Incorporation by
Reference
This document amends FAA Order
7400.11A, Airspace Designations and
Reporting Points, dated August 3, 2016,
and effective September 15, 2016. FAA
Order 7400.11A is publicly available as
listed in the ADDRESSES section of this
document. FAA Order 7400.11A 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 McNary Field, Salem, OR, by adding
segments extending from the 6.7-mile
radius to 13.50 miles northwest of the
airport, and extending from the 8.2-mile
radius to 16.5 miles southeast of the
airport. After a review, the FAA
discovered additional airspace was
necessary to accommodate the LOC Y
RWY 31, and the LOC/DME BC RWY 13
instrument approach procedures for the
safety and management of IFR
operations at 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.
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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
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15:57 Feb 13, 2017
Jkt 241001
DEPARTMENT OF JUSTICE
List 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:
Office of the Attorney General
28 CFR Part 0
[Docket No. CRM 116; AG Order No. 3847–
2017]
Delegation of Authority Concerning
Mutual Legal Assistance
ACTION:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
Department of Justice.
Final rule.
AGENCY:
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
The Attorney General has
delegated to the Assistant Attorney
General for the Criminal Division, with
certain restrictions, the authority to
perform the functions of the ‘‘Central
Authority’’ or ‘‘Competent Authority’’
under treaties and executive agreements
between the United States and other
countries on mutual assistance in
criminal matters that designate the
Attorney General or the Department of
Justice as such authority. The Assistant
Attorney General for the Criminal
Division is authorized to re-delegate this
authority to the Deputy Assistant
Attorneys General and to the Director
and Deputy Directors of the Office of
International Affairs (OIA). This final
rule will expand the scope of persons to
whom this authority may be redelegated to include OIA’s Associate
Directors.
*
DATES:
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 7400.11A,
Airspace Designations and Reporting
Points, dated August 3, 2016, and
effective September 15, 2016, is
amended as follows:
■
*
*
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 168° bearing
from the airport clockwise to the 311° bearing
from the airport, and that airspace within a
6.7-mile radius of McNary Field from the
311° bearing from the airport clockwise to the
074° bearing from the airport, and that
airspace within an 8.2-mile radius of McNary
Field from the 074° bearing from the airport
clockwise to the 168° bearing from the
airport, and that airspace 2 miles either side
of the 330° bearing extending from the 6.7mile radius of the airport to 13.5 miles
northwest of the airport, and that airspace 4
miles southwest and 5 miles northeast of the
150° bearing extending from the 8.2-mile
radius of the airport to 16.5 miles southeast
of the airport.
Issued in Seattle, Washington, on January
19, 2017.
Tracey Johnson,
Manager, Operations Support Group, Western
Service Center.
[FR Doc. 2017–02489 Filed 2–13–17; 8:45 am]
BILLING CODE 4910–13–P
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SUMMARY:
Effective February 14, 2017.
FOR FURTHER INFORMATION CONTACT:
Vaughn Ary, Director, Office of
International Affairs, Criminal Division,
U.S. Department of Justice, Washington,
DC 20005; Telephone (202) 616–1503.
SUPPLEMENTARY INFORMATION: The Office
of International Affairs (OIA) serves as
the United States Central Authority with
respect to all requests for information
and evidence received from and made to
foreign authorities under Mutual Legal
Assistance Treaties and multilateral
conventions regarding assistance in
criminal matters. OIA’s inventory of
pending mutual legal assistance (MLA)
requests has grown substantially in
recent years. OIA received over 6,000
new requests in FY16, the most since
OIA’s inception in 1979. With only
three senior leaders (the Director and
two Deputy Directors) authorized to sign
outgoing MLA requests, it can be
difficult for OIA to process these MLA
requests expeditiously. To address this
issue, the Department of Justice is
modifying its delegation of authority in
28 CFR 0.64–1 to add the Associate
Directors who supervise OIA’s regional
teams and designated units as persons
who may sign MLA requests. Associate
Directors represent the most
E:\FR\FM\14FER1.SGM
14FER1
Agencies
[Federal Register Volume 82, Number 29 (Tuesday, February 14, 2017)]
[Rules and Regulations]
[Pages 10544-10546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02489]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2016-6984; Airspace Docket No. 16-ANM-5]
Amendment of Class E Airspace, Salem, OR
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action modifies the Class E airspace extending upward
from 700 feet above the surface at McNary Field, Salem, OR. After a
review of the airspace, the FAA found additional airspace is required
to support the current standard instrument approach and departure
procedures for the safety
[[Page 10545]]
and management of Instrument Flight Rules (IFR) operations at the
airport.
DATES: Effective 0901 UTC, April 27, 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 7400.11A and publication of conforming amendments.
ADDRESSES: FAA Order 7400.11A, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed on line 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
this material at NARA, call 202-741-6030, or go to https://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.
FOR FURTHER INFORMATION CONTACT: Richard Roberts, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4517.
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 modifies controlled airspace at McNary Field, Salem, OR.
History
The airspace in the area of McNary Field, Salem, Oregon has been
the subject of three recent airspace actions. In June 2015, the FAA
issued a final rule modifying Class D airspace, Class E surface area
airspace, Class E airspace extending upward from 700 feet above the
surface, and removing Class E surface area airspace designated as an
extension at McNary Field, Salem, OR (80 FR 37153, June 30, 2015). The
FAA explained that due to the proposed cancellation of the Turno non-
directional radio beacon (NDB) and cancellation of the NDB approach, a
review of the airspace was completed, revealing an increase and
reconfiguration of the airspace was needed for IFR operations. The
final rule was effective August 20, 2015.
After August 20, 2015 the FAA received and considered additional
public comments recommending further airspace changes. The FAA
published a notice of proposed rulemaking (NPRM) on September 21, 2015
(80 FR 56935), proposing to modify Class D airspace, Class E surface
area airspace, and Class E airspace extending upward from 700 feet
above the surface at McNary Field. The FAA determined that some
airspace was unnecessary for Standard Instrument Approach Procedures
(SIAP) for instrument flight rules (IFR) operations at the airport. The
FAA received 71 comments including 24 comments requesting that the
airspace be returned to the configuration that was in place prior to
August 20, 2015. The FAA issued another final rule on March 8, 2016 (81
FR 12002), explaining in response to the public comments that returning
to the prior airspace configuration would not protect the IFR arrivals
and departures or account for existing terrain.
After March 8, 2016, the FAA received additional public comments
citing a potential safety issue with the Localizer (LOC) Y runway (RWY)
31, and the LOC/Distance Measuring Equipment (DME) Back Course (BC)
approach to RWY 13. The FAA investigated this issue and on June 29,
2016, the FAA published in the Federal Register a notice of proposed
rulemaking (NPRM), (81 FR 42293) Docket FAA-2016-6984, to modify Class
E airspace extending upward from 700 feet above the surface at McNary
Field, Salem, OR, to provide additional airspace to support the
Localizer (LOC) Y runway (RWY) 31, and the LOC/Distance Measuring
Equipment (DME) Back Course (BC) approach to RWY 13. Interested parties
were invited to participate in this rulemaking effort by submitting
written comments on the proposal to the FAA. Ten comments were
received.
Discussion of Comments
There were ten comments received from seven commenters; one
individual provided three separate comments. One comment was a
duplicate and one provided feedback on the two earlier final rules and
not the current proposal. To the extent that commenters raised concerns
pertaining to the earlier airspace actions (e.g., modifications to
Class D airspace), the FAA notes that those comments are outside the
scope of this proposal.
One commenter supported the current proposal. Six commenters
requested the airspace be returned to the configuration that existed
prior to August 20, 2015. The FAA does not agree; the airspace that
existed prior to August 20, 2015 did not comply with FAA Order 7400.2K,
Procedures for Handling Airspace Matters in that it overstated some
airspace areas necessary for Instrument Flight Rules (IFR) arrivals and
did not provide sufficient airspace in other areas to protect IFR
departures until reaching 700 feet above the surface due to rising
terrain.
Four commenters recommended the use of Class E4 arrival extensions.
The FAA does not agree. FAA Order 7400.2 states that Class E4 arrival
extensions are to be employed at the point where an aircraft descends
below 1,000 feet if it is farther than two miles from, and outside the
surface airspace. IFR aircraft at McNary Field, Salem, OR, descend to
1,000 feet above ground level within Class D airspace on all
approaches.
Four commenters cited that the FAA did not comply with guidance in
five of their own directives: FAA Orders 8260.3C, United States
Standard for Terminal Instrument Procedures (TERPS); 8200.44A, Flight
Inspection Services Instrument Flight Procedure Coordination; 8260.19G,
Flight Procedures and Airspace; 8260.26F, Establishing Submission
Cutoff Dates for Civil Instrument Flight Procedures; and 7400.2K,
Procedures for Handling Airspace Matters. No specific examples were
provided, except two commenters stated the FAA was not in compliance
with Order 7400.2K page 17-2-4 when designing the Class D airspace. The
FAA disagrees as the current Class D airspace is in compliance with
this guidance. Further, the Class D airspace is not relevant to this
rulemaking action.
Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11A, dated August 3, 2016, and effective September 15,
2016, 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.
[[Page 10546]]
Availability and Summary of Documents for Incorporation by Reference
This document amends FAA Order 7400.11A, Airspace Designations and
Reporting Points, dated August 3, 2016, and effective September 15,
2016. FAA Order 7400.11A is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11A 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 McNary Field, Salem, OR, by adding segments extending
from the 6.7-mile radius to 13.50 miles northwest of the airport, and
extending from the 8.2-mile radius to 16.5 miles southeast of the
airport. After a review, the FAA discovered additional airspace was
necessary to accommodate the LOC Y RWY 31, and the LOC/DME BC RWY 13
instrument approach procedures for the safety and management of IFR
operations at 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.
List 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 7400.11A,
Airspace Designations and Reporting Points, dated August 3, 2016, and
effective September 15, 2016, is amended as follows:
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 168[deg] bearing
from the airport clockwise to the 311[deg] bearing from the airport,
and that airspace within a 6.7-mile radius of McNary Field from the
311[deg] bearing from the airport clockwise to the 074[deg] bearing
from the airport, and that airspace within an 8.2-mile radius of
McNary Field from the 074[deg] bearing from the airport clockwise to
the 168[deg] bearing from the airport, and that airspace 2 miles
either side of the 330[deg] bearing extending from the 6.7-mile
radius of the airport to 13.5 miles northwest of the airport, and
that airspace 4 miles southwest and 5 miles northeast of the
150[deg] bearing extending from the 8.2-mile radius of the airport
to 16.5 miles southeast of the airport.
Issued in Seattle, Washington, on January 19, 2017.
Tracey Johnson,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2017-02489 Filed 2-13-17; 8:45 am]
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