
[Federal Register Volume 88, Number 202 (Friday, October 20, 2023)]
[Rules and Regulations]
[Pages 72356-72357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23123]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0850; Airspace Docket No. 21-ANM-26]
RIN 2120-AA66


Modification of Class E Airspace; Northeast Wyoming Regional 
Airport, Gillette, WY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies the Class E airspace extending upward 
from 700 feet above the surface at Northeast Wyoming Regional Airport, 
Gillette, WY. This action supports the safety and management of 
instrument flight rules (IFR) operations at the airport.

DATES: Effective date 0901 UTC, January 25, 2024. 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: A copy of the Notice of Proposed Rulemaking (NPRM), all 
comments received, this final rule, and all background material may be 
viewed online at www.regulations.gov using the FAA Docket number. 
Electronic retrieval help and guidelines are available on the website. 
It is available 24 hours each day, 365 days each year.
    FAA Order JO 7400.11H, Airspace Designations and Reporting Points, 
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and 
Regulations Group, Office of Policy, Federal Aviation Administration, 
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Nathan A. Chaffman, Federal Aviation 
Administration, Western Service Center, Operations Support Group, 2200 
S. 216th Street, Des Moines, WA 98198; telephone (206) 231-3460.

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 
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 modifies Class E airspace to support IFR operations at 
Northeast Wyoming Regional Airport, Gillette, WY.

History

    The FAA published a notice of proposed rulemaking for Docket No. 
FAA-2021-0850 in the Federal Register (88 FR 38412; June 13, 2023) 
proposing to modify Class E airspace at Northeast Wyoming Regional 
Airport, Gillette, WY. Interested parties were invited to participate 
in this rulemaking effort by submitting written comments on the 
proposal to the FAA. No comments were received.

Differences From the NPRM

    Subsequent to the publication of the NPRM, the FAA modified the 
Class E5 Airspace legal description for Northeast Wyoming Regional 
Airport, Gillette, WY, to simplify and shorten the description. The 
phrase ``and that airspace'' was removed from the description, and the 
phrase ``that airspace'' was replaced with the word ``within.'' Those 
changes are reflected in this final rule.

Incorporation by Reference

    Class E5 airspace areas are published in paragraph 6005 of FAA 
Order JO 7400.11, Airspace Designations and Reporting Points, which is 
incorporated by reference in 14 CFR 71.1 on an annual basis. This 
document amends the current version of that order, FAA Order JO 
7400.11H, dated August 11, 2023, and effective September 15, 2023. FAA 
Order JO 7400.11H is publicly available as listed in the ADDRESSES 
section of this document. These amendments will be published in the 
next update to FAA Order JO 7400.11.
    FAA Order JO 7400.11H 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 modifying the Class E airspace 
extending upward from 700 feet above the surface at Northeast Wyoming 
Regional Airport, Gillette, WY.
    The Class E airspace extending upward from 700 feet above the 
surface is modified to include a 5-mile radius of the airport. This 
area accommodates arriving IFR operations below 1,500 feet above the 
surface and departing IFR operations until they reach 1,200 feet above 
the surface.

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 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.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

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 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 reeference in 14 CFR part 71.1 of FAA Order JO 
7400.11H, Airspace Designations and Reporting Points, dated August 11, 
2023, and effective September 15, 2023, is amended as follows:


[[Page 72357]]



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

* * * * *

ANM WY E5 Gillette, WY [Amended]

Northeast Wyoming Regional Airport, WY
    (Lat. 44[deg]20'56'' N, long. 105[deg]32'22'' W)

    That airspace extending upward from 700 feet above the surface 
within a 5-mile radius of the airport, within 4 miles each side of 
the 170[deg] bearing extending from the 5-mile radius to 14 miles 
south of the airport, and within 4 miles each side of the 350[deg] 
bearing extending from the 5-mile radius to 11 miles north of the 
airport.
* * * * *

    Issued in Des Moines, Washington, on October 13, 2023.
B.G. Chew,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2023-23123 Filed 10-19-23; 8:45 am]
BILLING CODE 4910-13-P


