Establishment of Class E Airspace; Dayton, OH, 52672-52673 [2022-18447]

Download as PDF 52672 Federal Register / Vol. 87, No. 166 / Monday, August 29, 2022 / Rules and Regulations Federal Aviation Administration Air Park, Dayton, OH, to support instrument flight rule operations at this airport. 14 CFR Part 71 History DEPARTMENT OF TRANSPORTATION [Docket No. FAA–2021–1080; Airspace Docket No. 21–AGL–33] RIN 2120–AA66 Establishment of Class E Airspace; Dayton, OH Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action establishes Class E airspace at Dayton, OH. The FAA is taking this action due to new public instrument procedures being established at Moraine Air Park, Dayton, OH. DATES: Effective 0901 UTC, November 3, 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 Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222–5711. SUPPLEMENTARY INFORMATION: SUMMARY: khammond on DSKJM1Z7X2PROD 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 establishes Class E airspace extending upward from 700 feet above the surface at Moraine VerDate Sep<11>2014 16:03 Aug 26, 2022 Jkt 256001 The FAA published a notice of proposed rulemaking in the Federal Register (86 FR 70060; December 9, 2021) for Docket No. FAA–2021–1080 to establish Class E airspace at Dayton, OH. 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. The Rule This amendment to 14 CFR part 71 establishes Class E airspace extending upward from 700 feet above the surface to within a 6.3-mile radius of Moraine Air Park, Dayton, OH. This action is due to the establishment of new public instrument procedures at Moraine Air Park. 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) PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 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 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 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 OH E5 * * * Dayton, OH [Establish] Moraine Air Park, OH (Lat. 39°40′56″ N, long. 84°14′24″ W) That airspace extending upward from 700 feet above the surface within a 6.3-mile radius of the Moraine Air Park. E:\FR\FM\29AUR1.SGM 29AUR1 Federal Register / Vol. 87, No. 166 / Monday, August 29, 2022 / Rules and Regulations Issued in Fort Worth, Texas, on August 23, 2022. Martin A. Skinner, Acting Manager, Operations Support Group, ATO Central Service Center. [FR Doc. 2022–18447 Filed 8–26–22; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2021–1100; Airspace Docket No. 19–AAL–65] RIN 2120–AA66 Amendment of United States Area Navigation (RNAV) Route T–235; Atqasuk, AK Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action amends United States Area Navigation (RNAV) route T– 235 in the vicinity of Atqasuk, AK, in support of a large and comprehensive Troute modernization project for the state of Alaska. DATES: Effective date 0901 UTC, November 3, 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 www.faa.gov/air_ traffic/publications/. For further information, you can contact the Rules and Regulations Group, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8783. FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations Group, Office of Policy, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8783. SUPPLEMENTARY INFORMATION: SUMMARY: khammond on DSKJM1Z7X2PROD 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, VerDate Sep<11>2014 16:03 Aug 26, 2022 Jkt 256001 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 expands the availability of RNAV in Alaska and improves the efficient flow of air traffic within the National Airspace System by lessening the dependency on ground based navigation. History The FAA published a notice of proposed rulemaking for Docket No. FAA–2021–1100 in the Federal Register (86 FR 70774; December 13, 2021), amending RNAV route T–235 in the vicinity of Atqasuk, AK, in support of a large and comprehensive T-route modernization project for the state of Alaska. Interested parties were invited to participate in this rulemaking effort by submitting comments on the proposal. No comments were received. United States Area Navigation Routes are published in paragraph 6011 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 RNAV route 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. The Rule This action amends 14 CFR part 71 by amending RNAV route T–235 in the vicinity of Atqasuk, AK, in support of a large and comprehensive T-route modernization project for the state of Alaska. The route amendment is described below. T–235: T–235 extends between the Atqasuk, AK (ATK), Nondirectional Radio Beacon (NDB) and the Nuiqsut, AK (UQS), NDB. The route is amended by replacing the Atqasuk NDB with the ZISDU, AK, waypoint (WP); replacing the Nuiqsut NDB with the JATIL, AK, WP; extending the route westward from the ZISDU, AK, WP to the FILEV, AK, WP in the vicinity of Wainwright, AK; and extending the route eastward from the JATIL, AK, WP to the Deadhorse, PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 52673 AK (SCC), VHF Omnidirectional Range/ Distance Measuring Equipment (VOR/ DME) navigational aid. The full route description of the amended route is listed in ‘‘The Amendment’’ section, below. 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. It, therefore: (1) is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under Department of Transportation (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 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 The FAA has determined that this airspace action of amending RNAV route T–235 in the vicinity of Atqasuk, AK, qualifies for categorical exclusion under the National Environmental Policy Act (42 U.S.C. 4321 et seq.) and its implementing regulations at 40 CFR part 1500, and in accordance with FAA Order 1050.1F, Environmental Impacts: Policies and Procedures, paragraph 5– 6.5a, which categorically excludes from further environmental impact review rulemaking actions that designate or modify classes of airspace areas, airways, routes, and reporting points (see 14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas; Air Traffic Service Routes; and Reporting Points), and paragraph 5–6.5i, which categorically excludes from further environmental review the establishment of new or revised air traffic control procedures conducted at 3,000 feet or more above ground level (AGL); procedures conducted below 3,000 feet AGL that do not cause traffic to be routinely routed over noise sensitive areas; modifications to currently approved procedures conducted below 3,000 feet AGL that do not significantly increase noise over noise sensitive areas; and increases in minimum altitudes and landing E:\FR\FM\29AUR1.SGM 29AUR1

Agencies

[Federal Register Volume 87, Number 166 (Monday, August 29, 2022)]
[Rules and Regulations]
[Pages 52672-52673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18447]



[[Page 52672]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-1080; Airspace Docket No. 21-AGL-33]
RIN 2120-AA66


Establishment of Class E Airspace; Dayton, OH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action establishes Class E airspace at Dayton, OH. The 
FAA is taking this action due to new public instrument procedures being 
established at Moraine Air Park, Dayton, OH.

DATES: Effective 0901 UTC, November 3, 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 
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 establishes Class E airspace extending upward from 700 feet above 
the surface at Moraine Air Park, Dayton, OH, to support instrument 
flight rule operations at this airport.

History

    The FAA published a notice of proposed rulemaking in the Federal 
Register (86 FR 70060; December 9, 2021) for Docket No. FAA-2021-1080 
to establish Class E airspace at Dayton, OH. 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.

The Rule

    This amendment to 14 CFR part 71 establishes Class E airspace 
extending upward from 700 feet above the surface to within a 6.3-mile 
radius of Moraine Air Park, Dayton, OH.
    This action is due to the establishment of new public instrument 
procedures at Moraine Air Park.
    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 OH E5 Dayton, OH [Establish]

Moraine Air Park, OH
    (Lat. 39[deg]40'56'' N, long. 84[deg]14'24'' W)

    That airspace extending upward from 700 feet above the surface 
within a 6.3-mile radius of the Moraine Air Park.


[[Page 52673]]


    Issued in Fort Worth, Texas, on August 23, 2022.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2022-18447 Filed 8-26-22; 8:45 am]
BILLING CODE 4910-13-P