[Federal Register Volume 86, Number 77 (Friday, April 23, 2021)]
[Rules and Regulations]
[Pages 21645-21646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08464]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0035; Airspace Docket No. 21-AGL-11]
RIN 2120-AA66


Establishment and Revocation of Class E Airspace; North Dakota, 
ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes a Class E airspace area extending 
upward from 1,200 feet above the surface over the State of North Dakota 
and removes the enroute domestic airspace areas at Harvey and Linton, 
ND. This action is at the request of Salt Lake Air Route Traffic 
Control Center (ARTCC) and Minneapolis ARTCC to simplify and close gaps 
in the existing class E airspace extending upward from 1,200 feet above 
the surface over the State of North Dakota; provide transitional 
airspace to support instrument flight rule (IFR) operations to and from 
the terminal and enroute environments within the state; and to improve 
air traffic control services over the state of North Dakota.

DATES: Effective 0901 UTC, August 12, 2021. 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 7400.11 and 
publication of conforming amendments.

ADDRESSES: FAA Order 7400.11E, 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 7400.11E 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 establishes a Class E airspace area extending upward from 1,200 
feet above the surface over the State of North Dakota and removes the 
enroute domestic airspace areas at Harvey Municipal Airport, Harvey, 
ND, and Linton Municipal Airport, Linton, ND, which become redundant, 
to simplify and close gaps in the class E airspace extending upward 
from 1,200 feet above the surface over the State of North Dakota; 
provide transitional airspace to support IFR operations to and from the 
terminal and enroute environments within the state; and to improve air 
traffic services over the state of North Dakota.

History

    The FAA published a notice of proposed rulemaking (NPRM) in the 
Federal Register (86 FR 10883; February 23, 2021) for Docket No. FAA-
2021-0035 to establish an enroute domestic airspace area over the State 
of North Dakota and remove the enroute domestic airspace areas at 
Harvey and Linton, ND. 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 and 
6006, respectively, of FAA Order 7400.11E, dated July 21, 2020, and 
effective September 15, 2020, 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.

[[Page 21646]]

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11E, Airspace Designations and 
Reporting Points, dated July 21, 2020, and effective September 15, 
2020. FAA Order 7400.11E is publicly available as listed in the 
ADDRESSES section of this document. FAA Order 7400.11E lists Class A, 
B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

Differences From the NPRM

    Subsequent to publication of the NPRM, the FAA has determined that 
the proposed Class E airspace area is more appropriately defined as a 
transitional airspace area (Class E airspace area extending upward from 
1,200 feet above the surface) vice an enroute domestic airspace area. 
Making this change has no effect on the proposed Class E airspace area 
and better supports the requirements of the airports in the state of 
North Dakota by providing transitional airspace to support IFR 
operations to and from the terminal and enroute environments. The only 
change to the Class E airspace area that was proposed would be to the 
airspace legal description header information, ``AGL ND E6 North 
Dakota, ND'' to ``AGL ND E5 North Dakota, ND.'' As this change does not 
affect the Class E airspace area as proposed, it is incorporated into 
this rule.

The Rule

    This amendment to 14 CFR part 71:
    Establishes Class E airspace area extending upward from 1,200 feet 
above the surface over the State of North Dakota;
    And removes the enroute domestic airspace area at Harvey Municipal 
Airport, Harvey, ND, and Linton Municipal Airport, Linton, ND, as they 
are redundant with the establishment of the Class E airspace area 
extending upward from 1,200 feet above the surface over the state.
    This action simplifies and closes gaps in the existing class E 
airspace extending upward from 1,200 feet above the surface over the 
State of North Dakota; provides transitional airspace to support IFR 
operation to and from the terminal and enroute environments within the 
state; and to improve air traffic control services over the state of 
North Dakota.
    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 7400.11E, 
Airspace Designations and Reporting Points, dated July 21, 2020, and 
effective September 15, 2020, is amended as follows:

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

* * * * *

AGL ND E5 North Dakota, ND [New]

    That airspace extending upward from 1,200 feet above the surface 
within the boundary of the State of North Dakota.

Paragraph 6006 En Route Domestic Airspace Areas.

* * * * *

AGL ND E6 Harvey, ND [Removed]

AGL ND E6 Linton, ND [Removed]

    Issued in Fort Worth, Texas, on April 20, 2021.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2021-08464 Filed 4-22-21; 8:45 am]
BILLING CODE 4910-13-P


