[Federal Register Volume 88, Number 130 (Monday, July 10, 2023)]
[Rules and Regulations]
[Pages 43429-43430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14356]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1077; Airspace Docket No. 23-AGL-16]
RIN 2120-AA66


Amendment of Class E Airspace; Devils Lake, ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class E airspace at Devils Lake, ND. 
This action is the result of an airspace review caused by the 
decommissioning of the Devils Lake very high frequency omnidirectional 
range (VOR) as part of the VOR Minimum Operating Network (MON) Program. 
The geographic coordinates of the airport are also being updated to 
coincide with the FAA's aeronautical database.

DATES: Effective 0901 UTC, October 5, 2023. 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 7400.11G, 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: 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 airspace and the Class E airspace 
extending upward from 700 feet above the surface at Devils Lake 
Regional Airport, Devils Lake, ND, to support instrument flight rule 
operations at this airport.

History

    The FAA published an NPRM for Docket No. FAA-2023-1077 in the 
Federal Register (88 FR 29563; May 8, 2023) proposing to amend the 
Class E airspace at Devils Lake, 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.

Incorporation by Reference

    Class E airspace designations are published in paragraphs 6002 and 
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 7400.11G, dated August 19, 2022, and effective September 15, 
2022. FAA Order JO 7400.11G 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 7400.11G lists Class A, B, C, D, and E airspace areas, 
air traffic service routes, and reporting points.

The Rule

    This amendment to 14 CFR part 71:
    Modifies the Class E surface airspace to within a 4.3-mile 
(increased from a 4-mile) radius of Devils Lake Regional Airport, 
Devils Lake, ND; removes the Devils Lake VOR/DME and associated 
extensions from the airspace legal description; updates the geographic 
coordinates of the airport to coincide with the FAA's aeronautical 
database; and replaces the outdated term ``Notice to Airmen'' with 
``Notice to Air Missions'';
    Modifies the Class E airspace extending upward from 700 feet above 
the surface to within a 6.8-mile (decreased from an 8.7-mile) radius of 
Devils Lake Regional Airport; removes the Devils Lake VOR/DME from the 
airspace legal description; removes the Class E airspace extending 
upward from 1,200 feet above the surface as it is now redundant with 
the Class E airspace extending upward from 1,200 feet above the surface 
over the State of North Dakota; and updates geographic coordinates of 
the airport to coincide with the FAA's aeronautical database.

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

[[Page 43430]]

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 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 reference in 14 CFR 71.1 of FAA Order JO 
7400.11G, Airspace Designations and Reporting Points, dated August 19, 
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6002 Class E Airspace Areas Designated as a Surface Area.

* * * * *

AGL ND E2 Devils Lake, ND [Amended]

Devils Lake Regional Airport, ND
    (Lat 48[deg]07'00'' N, long 98[deg]54'37'' W)

    Within a 4.3-mile radius of Devils Lake Regional Airport. This 
Class E airspace area is effective during the specific dates and 
times established in advance by a Notice to Air Missions. The 
effective date and time will thereafter be 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 ND E5 Devils Lake, ND [Amended]

Devils Lake Regional Airport, ND
    (Lat 48[deg]07'00'' N, long 98[deg]54'37'' W)

    That airspace extending upward from 700 feet above the surface 
within a 6.8-mile radius of Devils Lake Regional Airport.
* * * * *

    Issued in Fort Worth, Texas, on July 3, 2023.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2023-14356 Filed 7-7-23; 8:45 am]
BILLING CODE 4910-13-P


