[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Proposed Rules]
[Pages 65714-65716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25542]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0786; Airspace Docket No. 18-AWP-1]
RIN 2120-AA66


Proposed Amendment of Class E Airspace and Establishment of Class 
E Airspace Extension; Battle Mountain, NV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify the Class E surface area, Class 
E airspace extending upward from 700

[[Page 65715]]

feet above the surface and create Class E airspace as an extension to 
the Class E surface area at Battle Mountain Airport, Battle Mountain, 
NV. After establishment of a new area navigation (RNAV) procedure and 
review of the airspace, the FAA found it necessary to amend the 
existing airspace and establish new controlled airspace for the safety 
and management of Instrument Flight Rules (IFR) operations at this 
airport. This action would also remove a reference to the Battle 
Mountain VORTAC from the legal description for the Class E airspace 
extending upward from 700 feet.

DATES: Comments must be received on or before January 13, 2020.

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 20590; telephone: 
(800) 647-5527, or (202) 366-9826. You must identify FAA Docket No. 
FAA-2019-0786; Airspace Docket No. 18-AWP-1, at the beginning of your 
comments. You may also submit comments through the internet at https://www.regulations.gov.
    FAA Order 7400.11D, 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 7400.11D at NARA, email fedreg.legal@nara.gov 
or go to https://www.archives.gov/federal_register/cfr/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Richard Roberts, Federal Aviation 
Administration, Operations Support Group, Western Service Center, 2200 
S 216th Street, Des Moines, WA 98198-6547; telephone (206) 231-2245.

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 modify the existing Class E airspace and establish new 
Class E airspace as an extension to the Class E surface area at Battle 
Mountain Airport, Battle Mountain, NV, in support of IFR operations at 
the airport.

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 (Docket No. FAA-
2019-0786; Airspace Docket No. 18-AWP-1) and be submitted in triplicate 
to DOT Docket Operations (see ADDRESSES section for address and phone 
number). You may also submit comments through the internet at https://www.regulations.gov.
    Persons 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-2019-0786; Airspace Docket No. 18-AWP-1.'' The postcard will be 
date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date 
for comments will be considered before taking action on the proposed 
rule. The proposal contained in this notice may be changed in light of 
the comments received. A report summarizing each substantive public 
contact with FAA personnel concerned with this rulemaking will be filed 
in the docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
internet at https://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's web page at https://www.faa.gov/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 the ADDRESSES section for the 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 between 8:00 a.m. and 
4:30 p.m., Monday through Friday, except federal holidays, at the 
Northwest Mountain Regional Office of the Federal Aviation 
Administration, Air Traffic Organization, Western Service Center, 
Operations Support Group, 2200 S 216th St., Des Moines, WA 98198-6547.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11D, Airspace 
Designations and Reporting Points, dated August 8, 2019, and effective 
September 15, 2019. FAA Order 7400.11D is publicly available as listed 
in the ADDRESSES section of this document. FAA Order 7400.11D lists 
Class A, B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal 
Regulations (14 CFR) part 71 by modifying the Class E airspace at 
Battle Mountain Airport, Battle Mountain, NV. The Class E surface area 
would be adjusted to within 4.2 miles of the airport and the surface 
area that extends 1 mile both sides of the 218[deg] bearing from the 
4.2 mile radius to 7.4 miles southwest of the airport eliminated. A 
Class E extension to the surface area would be established within 1.3 
miles both sides of the 228[deg] bearing, which will provide the 
required width and alignment for an extension to protect the VOR 
approach to runway 4 as aircraft descend through 1000 feet AGL. The 
Class E airspace extending upward from 700 feet AGL would be modified 
by establishing airspace 2 miles on both sides of the 48[deg] bearing 
from the airport to 11 miles northeast, to contain a new RNAV approach 
to runway 22. To the west, the airspace extending upward from 700 feet 
AGL would be expanded from the current 4.2 mile radius to 7 miles from 
the airport, between the 265[deg] bearing clockwise to the 32[deg] 
bearing, to protect departures until they reach 1200 feet AGL. This 
action would also modify the lateral boundaries of the Class E airspace 
extending upward from 700 feet AGL to the southwest to within 16.5 mile 
radius of the airport from the 204[deg] bearing clockwise to the 
266[deg] bearing to protect the VOR Approach to runway 4 as aircraft 
descend through 1500 feet. It

[[Page 65716]]

would also eliminate the Battle Mountain VORTAC as a reference point in 
the legal description as it is no longer required. This airspace would 
support IFR operations at Battle Mountain Airport, Battle Mountain, NV.
    Class E airspace designations are published in paragraph 6002, 6004 
and 6005 of FAA Order 7400.11D, dated August 8, 2019 and effective 
September 15, 2019, which is incorporated by reference in 14 CFR 71.1. 
The Class E airspace designation listed in this document will be 
published subsequently in the Order. FAA Order 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 proposed 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. Given this is a routine matter 
that will only affect air traffic procedures and air navigation, it is 
certified that this proposed rule, when promulgated, would 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

    Accordingly, pursuant to the authority delegated to me, 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 14 CFR 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 7400.11D, 
Airspace Designations and Reporting Points, dated August 8, 2019, and 
effective September 15, 2019, is amended as follows:

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

AWP NV E2 Battle Mountain, NV [Amended]

Battle Mountain Airport, NV
    (Lat. 40[deg]35'57'' N, long. 116[deg]52'28'' W)

    That airspace extending upward from the surface to and including 
2500 feet MSL within a 4.2-mile radius of Battle Mountain Airport, 
Battle Mountain, NV. This Class E 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 Chart Supplement.

Paragraph 6004 Class E Airspace Areas Designated as an Extension to 
a Class D or Class E Surface Area.

* * * * *

AWP NV E4 Battle Mountain, NV [NEW]

Battle Mountain Airport, NV
    (Lat. 40[deg]35'57'' N, long. 116[deg]52'28'' W)

    That airspace extending upward from the surface within 1.3 miles 
each side of the 228[deg] bearing from the Battle Mountain Airport 
extending from the 4.2 mile radius to 7 miles southwest of Battle 
Mountain Airport, Battle Mountain NV.

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

* * * * *

AWP NV E5 Battle Mountain, NV [Amended]

Battle Mountain Airport, NV
    (Lat. 40[deg]35'57'' N, long. 116[deg]52'28'' W)

    That airspace extending upward from 700 feet above the surface 
within 16.5-mile radius of the Battle Mountain Airport beginning at 
the point where the 205[deg] bearing intersects the 16.5-mile radius 
thence clockwise to the point where the 266[deg] bearing intersects 
the 16.5-mile radius thence northeast along the 266[deg] bearing to 
within 7 miles of the airport, thence clockwise along the 7-mile 
radius to the point where the 65[deg] bearing intersects the 7-mile 
radius thence to the point where the 77[deg] bearing intersects the 
4.2-mile radius thence clockwise to the point where the 158[deg] 
bearing intersects the 4.2 mile radius, thence to the point of 
beginning; and that airspace within 2 miles each side of the 49[deg] 
bearing extending from the 4.2 mile radius to 10.5 miles from the 
airport.

    Issued in Seattle, Washington, on November 19, 2019.
Byron Chew,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2019-25542 Filed 11-27-19; 8:45 am]
BILLING CODE 4910-13-P


