
[Federal Register Volume 81, Number 88 (Friday, May 6, 2016)]
[Proposed Rules]
[Pages 27357-27358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10552]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-5387; Airspace Docket No. 16-AGL-13]


Proposed Establishment of Class E Airspace; Harvey, ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E en route domestic 
airspace in the Harvey Municipal Airport, Harvey, ND area, to 
facilitate vectoring of Instrument Flight Rules (IFR) aircraft under 
control of Minneapolis Air Route Traffic Control Center (ARTCC). The 
FAA is proposing this action to enhance the safety and efficiency of 
aircraft operations within the National Airspace System.

DATES: Comments must be received on or before June 20, 2016.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West 
Building Ground Floor, Room W12-140, Washington, DC 20591. You must 
identify the docket number FAA-2016-5387/Airspace Docket No. 16-AGL-13, 
at the beginning of your comments. You may also submit comments through 
the Internet at http://www.regulations.gov. You may review the public 
docket containing the proposal, any comments received, and any final 
disposition in person in the Dockets Office between 9:00 a.m. and 5:00 
p.m., Monday through Friday, except Federal holidays. The Docket Office 
(telephone 1-800-647-5527), is on the ground floor of the building at 
the above address.
    FAA Order 7400.9Z, Airspace Designations and Reporting Points, and 
subsequent amendments can be viewed online at http://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 http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is

[[Page 27358]]

published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Raul Garza, Jr., Central Service 
Center, Operations Support Group, Federal Aviation Administration, 
Southwest Region, 10101 Hillwood Pkwy., Fort Worth, TX 76177; 
telephone: 817-222-5874.

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 would establish Class E airspace in the Harvey, ND, area.

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments, as 
they may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal. 
Communications should identify both docket numbers and be submitted in 
triplicate to the address listed above. Commenters wishing the FAA to 
acknowledge receipt of their comments on this notice must submit with 
those comments a self-addressed, stamped postcard on which the 
following statement is made: ``Comments to Docket No. FAA-2016-5387/
Airspace Docket No. 16-AGL-13.'' The postcard will be date/time stamped 
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
Internet at http://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any 
comments received and any final disposition in person in the Dockets 
Office (see ADDRESSES section for address and phone number) between 
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal 
holidays. An informal docket may also be examined during normal 
business hours at the office of the Central Service Center, 10101 
Hillwood Pkwy., Fort Worth, TX 76177.
    Persons interested in being placed on a mailing list for future 
NPRMs should contact the FAA's Office of Rulemaking (202) 267-9677, to 
request a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution System, which describes the application 
procedure.

Availability and Summary of Documents Proposed for Incorporation by 
Reference

    This document would amend 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 Proposal

    This action proposes to amend Title 14, Code of Federal Regulations 
(14 CFR), Part 71 by establishing Class E en route domestic airspace 
extending upward from 1,200 feet above the surface within a 100-mile 
radius of Harvey Municipal Airport, Harvey, ND, excluding Canadian 
airspace. This action would contain aircraft while in IFR conditions 
under control of Minneapolis ARTCC by safely vectoring aircraft from en 
route airspace to terminal areas.
    Class E airspace areas are published in Paragraph 6006 of FAA Order 
7400.9Z, 7400.9Z, dated August 6, 2015, and effective September 15, 
2015, which is incorporated by reference in 14 CFR 71.1. The Class E 
airspace designation listed in this document would be published 
subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves 
an established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
It, therefore: (1) Is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under DOT 
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); 
and (3) does not warrant preparation of a Regulatory Evaluation as the 
anticipated impact is so minimal. Since this is a routine matter that 
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

    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies 
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 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 6006 En Route Domestic Airspace Areas.

* * * * *

AGL ND E6 Harvey, ND [New]

Harvey Municipal Airport
    (Lat. 47[deg]47'28'' N., long. 099[deg]55'54'' W.)

    That airspace extending upward from 1,200 feet above the surface 
within a 100-mile radius of Harvey Municipal Airport, excluding that 
airspace within Canada.

    Issued in Fort Worth, TX, on April 20, 2016.
Robert W. Beck,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2016-10552 Filed 5-5-16; 8:45 am]
BILLING CODE 4910-13-P


