[Federal Register Volume 85, Number 87 (Tuesday, May 5, 2020)]
[Rules and Regulations]
[Pages 26602-26604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09487]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-1043; Airspace Docket No. 19-AGL-29]
RIN 2120-AA66


Amendment of Class E Airspace; Ely, MN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class E surface area airspace and the 
Class E airspace extending upward from 700 feet above the surface at 
Ely Municipal Airport, Ely, MN. This action is the result of an 
airspace review caused by the decommissioning of the Ely VHF 
omnidirectional range (VOR) navigation aid, which provided navigation 
information for the instrument procedures at this airport, as part of 
the VOR Minimum Operational Network (MON) Program. The name and

[[Page 26603]]

geographic coordinates of the airport is also being updated to coincide 
with the FAA's aeronautical database. Airspace redesign is necessary 
for the safety and management of instrument flight rules (IFR) 
operations at this airport.

DATES: Effective 0901 UTC, July 16, 2020. 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 7400.11 and publication of conforming amendments.

ADDRESSES: 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: 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 amends the Class E surface area airspace and the Class E airspace 
extending upward from 700 feet above the surface at Ely Municipal 
Airport, Ely, MN, to support IFR operations at this airport.

History

    The FAA published a notice of proposed rulemaking in the Federal 
Register (85 FR 5354; January 30, 2020) for Docket No. FAA-2019-1043 to 
amend the Class E surface area airspace and the Class E airspace 
extending upward from 700 feet above the surface at Ely Municipal 
Airport, Ely, MN. 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 6002 and 
6005, respectively, 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 designations 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 7400.11D, 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 Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR) 
part 71:
    Amends the Class E surface area airspace at Ely Municipal Airport, 
Ely, MN, by updating the name and geographic coordinates of the airport 
to coincide with the FAA's aeronautical database; removes the Ely VOR/
DME and all associated extensions from the airspace legal description; 
adds an extension 1 mile each side of the 120[deg] bearing from the 
airport extending from the 4-mile radius to 4.6 miles southeast of the 
airport; and updates the outdated term ``Airport/Facility Directory'' 
with ``Chart Supplement;''
    And amends the Class E airspace extending upward from 700 feet 
above the surface to within a 6.5-mile radius (decreased from a 7.7-
mile radius) of the Ely Municipal Airport; and updates the geographic 
coordinates of the airport to coincide with the FAA's aeronautical 
database.
    These actions are the result of an airspace review caused by the 
decommissioning of the Ely VOR, which provided navigation information 
for the instrument procedures at this airport, as part of the VOR MON 
Program.
    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 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.


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 Areas Designated as Surface Areas.

* * * * *

[[Page 26604]]

AGL MN E2 Ely, MN [Amended]

Ely Municipal Airport, MN
    (Lat. 47[deg]49'26'' N, long. 91[deg]49'46'' W)

    Within a 4-mile radius of the Ely Municipal Airport and within 1 
mile each side of the 120[deg] bearing from the airport extending 
from the 4-mile radius to 4.6 miles southeast of the airport. This 
Class E airspace area is effective during the specific dates and 
times established in advance by Notice to Airmen. The effective date 
and time will thereafter the continuously published in the Chart 
Supplement.

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

* * * * *

AGL MN E5 Ely, MN [Amended]

Ely Municipal Airport, MN
    (Lat. 47[deg]49'26'' N, long. 91[deg]49'46'' W)

    That airspace extending upward from 700 feet above the surface 
within a 6.5-mile radius of the Ely Municipal Airport, excluding 
that airspace within Prohibited Area P-204.

    Issued in Fort Worth, Texas, on April 27, 2020.
Steven Phillips,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2020-09487 Filed 5-4-20; 8:45 am]
BILLING CODE 4910-13-P


