82_FR_10573 82 FR 10544 - Amendment of Class E Airspace, Salem, OR

82 FR 10544 - Amendment of Class E Airspace, Salem, OR

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 29 (February 14, 2017)

Page Range10544-10546
FR Document2017-02489

This action modifies the Class E airspace extending upward from 700 feet above the surface at McNary Field, Salem, OR. After a review of the airspace, the FAA found additional airspace is required to support the current standard instrument approach and departure procedures for the safety and management of Instrument Flight Rules (IFR) operations at the airport.

Federal Register, Volume 82 Issue 29 (Tuesday, February 14, 2017)
[Federal Register Volume 82, Number 29 (Tuesday, February 14, 2017)]
[Rules and Regulations]
[Pages 10544-10546]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02489]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-6984; Airspace Docket No. 16-ANM-5]


Amendment of Class E Airspace, Salem, OR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action modifies the Class E airspace extending upward 
from 700 feet above the surface at McNary Field, Salem, OR. After a 
review of the airspace, the FAA found additional airspace is required 
to support the current standard instrument approach and departure 
procedures for the safety

[[Page 10545]]

and management of Instrument Flight Rules (IFR) operations at the 
airport.

DATES: Effective 0901 UTC, April 27, 2017. 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 7400.11A and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11A, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed on line at http://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 
this material at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Richard Roberts, Federal Aviation 
Administration, Operations Support Group, Western Service Center, 1601 
Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4517.

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 modifies controlled airspace at McNary Field, Salem, OR.

History

    The airspace in the area of McNary Field, Salem, Oregon has been 
the subject of three recent airspace actions. In June 2015, the FAA 
issued a final rule modifying Class D airspace, Class E surface area 
airspace, Class E airspace extending upward from 700 feet above the 
surface, and removing Class E surface area airspace designated as an 
extension at McNary Field, Salem, OR (80 FR 37153, June 30, 2015). The 
FAA explained that due to the proposed cancellation of the Turno non-
directional radio beacon (NDB) and cancellation of the NDB approach, a 
review of the airspace was completed, revealing an increase and 
reconfiguration of the airspace was needed for IFR operations. The 
final rule was effective August 20, 2015.
    After August 20, 2015 the FAA received and considered additional 
public comments recommending further airspace changes. The FAA 
published a notice of proposed rulemaking (NPRM) on September 21, 2015 
(80 FR 56935), proposing to modify Class D airspace, Class E surface 
area airspace, and Class E airspace extending upward from 700 feet 
above the surface at McNary Field. The FAA determined that some 
airspace was unnecessary for Standard Instrument Approach Procedures 
(SIAP) for instrument flight rules (IFR) operations at the airport. The 
FAA received 71 comments including 24 comments requesting that the 
airspace be returned to the configuration that was in place prior to 
August 20, 2015. The FAA issued another final rule on March 8, 2016 (81 
FR 12002), explaining in response to the public comments that returning 
to the prior airspace configuration would not protect the IFR arrivals 
and departures or account for existing terrain.
    After March 8, 2016, the FAA received additional public comments 
citing a potential safety issue with the Localizer (LOC) Y runway (RWY) 
31, and the LOC/Distance Measuring Equipment (DME) Back Course (BC) 
approach to RWY 13. The FAA investigated this issue and on June 29, 
2016, the FAA published in the Federal Register a notice of proposed 
rulemaking (NPRM), (81 FR 42293) Docket FAA-2016-6984, to modify Class 
E airspace extending upward from 700 feet above the surface at McNary 
Field, Salem, OR, to provide additional airspace to support the 
Localizer (LOC) Y runway (RWY) 31, and the LOC/Distance Measuring 
Equipment (DME) Back Course (BC) approach to RWY 13. Interested parties 
were invited to participate in this rulemaking effort by submitting 
written comments on the proposal to the FAA. Ten comments were 
received.

Discussion of Comments

    There were ten comments received from seven commenters; one 
individual provided three separate comments. One comment was a 
duplicate and one provided feedback on the two earlier final rules and 
not the current proposal. To the extent that commenters raised concerns 
pertaining to the earlier airspace actions (e.g., modifications to 
Class D airspace), the FAA notes that those comments are outside the 
scope of this proposal.
    One commenter supported the current proposal. Six commenters 
requested the airspace be returned to the configuration that existed 
prior to August 20, 2015. The FAA does not agree; the airspace that 
existed prior to August 20, 2015 did not comply with FAA Order 7400.2K, 
Procedures for Handling Airspace Matters in that it overstated some 
airspace areas necessary for Instrument Flight Rules (IFR) arrivals and 
did not provide sufficient airspace in other areas to protect IFR 
departures until reaching 700 feet above the surface due to rising 
terrain.
    Four commenters recommended the use of Class E4 arrival extensions. 
The FAA does not agree. FAA Order 7400.2 states that Class E4 arrival 
extensions are to be employed at the point where an aircraft descends 
below 1,000 feet if it is farther than two miles from, and outside the 
surface airspace. IFR aircraft at McNary Field, Salem, OR, descend to 
1,000 feet above ground level within Class D airspace on all 
approaches.
    Four commenters cited that the FAA did not comply with guidance in 
five of their own directives: FAA Orders 8260.3C, United States 
Standard for Terminal Instrument Procedures (TERPS); 8200.44A, Flight 
Inspection Services Instrument Flight Procedure Coordination; 8260.19G, 
Flight Procedures and Airspace; 8260.26F, Establishing Submission 
Cutoff Dates for Civil Instrument Flight Procedures; and 7400.2K, 
Procedures for Handling Airspace Matters. No specific examples were 
provided, except two commenters stated the FAA was not in compliance 
with Order 7400.2K page 17-2-4 when designing the Class D airspace. The 
FAA disagrees as the current Class D airspace is in compliance with 
this guidance. Further, the Class D airspace is not relevant to this 
rulemaking action.
    Class E airspace designations are published in paragraph 6005 of 
FAA Order 7400.11A, dated August 3, 2016, and effective September 15, 
2016, which is incorporated by reference in 14 CFR part 71.1. The Class 
E airspace designation listed in this document will be published 
subsequently in the Order.

[[Page 10546]]

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11A, Airspace Designations and 
Reporting Points, dated August 3, 2016, and effective September 15, 
2016. FAA Order 7400.11A is publicly available as listed in the 
ADDRESSES section of this document. FAA Order 7400.11A 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 modifies Class E airspace extending upward from 700 feet above 
the surface at McNary Field, Salem, OR, by adding segments extending 
from the 6.7-mile radius to 13.50 miles northwest of the airport, and 
extending from the 8.2-mile radius to 16.5 miles southeast of the 
airport. After a review, the FAA discovered additional airspace was 
necessary to accommodate the LOC Y RWY 31, and the LOC/DME BC RWY 13 
instrument approach procedures for the safety and management of IFR 
operations at the airport.

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 5-6.5a. 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).

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 7400.11A, 
Airspace Designations and Reporting Points, dated August 3, 2016, and 
effective September 15, 2016, is amended as follows:

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

* * * * *

ANM OR E5 Salem, OR [Modified]

Salem, McNary Field, OR
    (Lat. 44[deg]54'34'' N., long. 123[deg]00'09'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.2-mile radius of McNary Field from the 168[deg] bearing 
from the airport clockwise to the 311[deg] bearing from the airport, 
and that airspace within a 6.7-mile radius of McNary Field from the 
311[deg] bearing from the airport clockwise to the 074[deg] bearing 
from the airport, and that airspace within an 8.2-mile radius of 
McNary Field from the 074[deg] bearing from the airport clockwise to 
the 168[deg] bearing from the airport, and that airspace 2 miles 
either side of the 330[deg] bearing extending from the 6.7-mile 
radius of the airport to 13.5 miles northwest of the airport, and 
that airspace 4 miles southwest and 5 miles northeast of the 
150[deg] bearing extending from the 8.2-mile radius of the airport 
to 16.5 miles southeast of the airport.

    Issued in Seattle, Washington, on January 19, 2017.
Tracey Johnson,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2017-02489 Filed 2-13-17; 8:45 am]
 BILLING CODE 4910-13-P



                                              10544            Federal Register / Vol. 82, No. 29 / Tuesday, February 14, 2017 / Rules and Regulations

                                              (f) Compliance                                          (k) Credit for Previous Actions                         (2) Service information identified in this
                                                 Comply with this AD within the                         For airplanes in Groups 4 through 8, 10,            AD that is not incorporated by reference is
                                              compliance times specified, unless already              12, and 13, as identified in Boeing Alert             available at the addresses specified in
                                              done.                                                   Service Bulletin 767–38A0073, Revision 2,             paragraphs (n)(3) and (n)(4) of this AD.
                                                                                                      dated August 10, 2015: This paragraph                 (n) Material Incorporated by Reference
                                              (g) Inspection of Couplings and Installation            provides credit for the actions specified in
                                              of Spray Shrouds                                        paragraph (g) of this AD, if those actions were          (1) The Director of the Federal Register
                                                 For Groups and Configurations as                     performed before the effective date of this AD        approved the incorporation by reference
                                              identified in Boeing Alert Service Bulletin             using Boeing Alert Service Bulletin 767–              (IBR) of the service information listed in this
                                              767–38A0073, Revision 2, dated August 10,               38A0073, dated November 12, 2013; or                  paragraph under 5 U.S.C. 552(a) and 1 CFR
                                              2015, as applicable: At the applicable times            Boeing Service Bulletin 767–38A0073,                  part 51.
                                              identified in paragraph 1.E., ‘‘Compliance,’’           Revision 1, dated November 5, 2014.                      (2) You must use this service information
                                              of Boeing Alert Service Bulletin 767–                                                                         as applicable to do the actions required by
                                              38A0073, Revision 2, dated August 10, 2015,             (l) Alternative Methods of Compliance                 this AD, unless the AD specifies otherwise.
                                              except as required by paragraph (h) of this             (AMOCs)                                                  (i) Boeing Alert Service Bulletin 767–
                                              AD, do the actions specified in paragraphs                 (1) The Manager, Seattle Aircraft                  38A0073, Revision 2, dated August 10, 2015.
                                              (g)(1) and (g)(2) of this AD, as applicable.            Certification Office (ACO), FAA, has the                 (ii) Boeing Alert Service Bulletin 767–
                                                 (1) Do a general visual inspection for               authority to approve AMOCs for this AD, if            38A0073, Revision 3, dated September 8,
                                              plastic potable water couplings; do all                 requested using the procedures found in 14            2016.
                                              applicable related investigative and                    CFR 39.19. In accordance with 14 CFR 39.19,              (3) For Boeing service information
                                              corrective actions; and install new spray               send your request to your principal inspector         identified in this AD, contact Boeing
                                              shrouds, including a new hose assembly, as              or local Flight Standards District Office, as         Commercial Airplanes, Attention: Data &
                                              applicable; in accordance with the                      appropriate. If sending information directly          Services Management, P.O. Box 3707, MC
                                              Accomplishment Instructions of Boeing Alert             to the manager of the ACO, send it to the             2H–65, Seattle, WA 98124–2207; telephone
                                              Service Bulletin 767–38A0073, Revision 2,               attention of the person identified in                 206–544–5000, extension 1; fax 206–766–
                                              dated August 10, 2015. Do all applicable                paragraph (m)(1) of this AD. Information may          5680; Internet https://
                                              related investigative and corrective actions            be emailed to: 9-ANM-Seattle-ACO-AMOC-                www.myboeingfleet.com.
                                              within the applicable compliance time                   Requests@faa.gov.                                        (4) You may view this service information
                                              identified in paragraph 1.E., ‘‘Compliance,’’              (2) Before using any approved AMOC,                at the FAA, Transport Airplane Directorate,
                                              of Boeing Alert Service Bulletin 767–                   notify your appropriate principal inspector,          1601 Lind Avenue SW., Renton, WA. For
                                              38A0073, Revision 2, dated August 10, 2015,             or lacking a principal inspector, the manager         information on the availability of this
                                              except as required by paragraph (h) of this             of the local flight standards district office/        material at the FAA, call 425–227–1221.
                                              AD.                                                     certificate holding district office.                     (5) You may view this service information
                                                 (2) Within 72 months after the effective                (3) An AMOC that provides an acceptable            that is incorporated by reference at the
                                              date of this AD, do a general visual                    level of safety may be used for any repair,           National Archives and Records
                                              inspection of the spray shield to determine             modification, or alteration required by this          Administration (NARA). For information on
                                              if it has two slits and is installed correctly,         AD if it is approved by the Boeing                    the availability of this material at NARA, call
                                              and before further flight, do all applicable            Commercial Airplanes Organization                     202–741–6030, or go to http://
                                              related investigative and corrective actions,           Designation Authorization (ODA) that has
                                                                                                                                                            www.archives.gov/federal-register/cfr/ibr-
                                              in accordance with the Accomplishment                   been authorized by the Manager, Seattle
                                                                                                                                                            locations.html.
                                              Instructions of Boeing Alert Service Bulletin           ACO, to make those findings. To be
                                              767–38A0073, Revision 2, dated August 10,               approved, the repair method, modification               Issued in Renton, Washington, on January
                                              2015.                                                   deviation, or alteration deviation must meet          11, 2017.
                                                 Note 1 to paragraph (g) of this AD:                  the certification basis of the airplane, and the      Michael Kaszycki,
                                              Operators can take optional protective                  approval must specifically refer to this AD.
                                                                                                                                                            Acting Manager, Transport Airplane
                                              measures to cover or shield their equipment                (4) For service information that contains
                                                                                                                                                            Directorate, Aircraft Certification Service.
                                              against water spray when performing the                 steps that are labeled as Required for
                                                                                                      Compliance (RC), the provisions of                    [FR Doc. 2017–01338 Filed 2–13–17; 8:45 am]
                                              Potable Water System Leakage Test, as
                                              specified in Boeing Alert Service Bulletin              paragraphs (l)(4)(i) and (l)(4)(ii) of this AD        BILLING CODE 4910–13–P
                                              767–38A0073, Revision 2, dated August 10,               apply.
                                              2015.                                                      (i) The steps labeled as RC, including
                                                                                                      substeps under an RC step and any figures             DEPARTMENT OF TRANSPORTATION
                                              (h) Exception to the Service Information                identified in an RC step, must be done to
                                                Where paragraph 1.E., ‘‘Compliance,’’ of              comply with the AD. If a step or substep is           Federal Aviation Administration
                                              Boeing Alert Service Bulletin 767–38A0073,              labeled ‘‘RC Exempt,’’ then the RC
                                              Revision 2, dated August 10, 2015, specifies            requirement is removed from that step or
                                                                                                                                                            14 CFR Part 71
                                              a compliance time ‘‘after the original issue            substep. An AMOC is required for any
                                              date of this service bulletin,’’ this AD                deviations to RC steps, including substeps
                                                                                                      and identified figures.                               [Docket No. FAA–2016–6984; Airspace
                                              requires compliance within the specified                                                                      Docket No. 16–ANM–5]
                                              compliance time after the effective date of                (ii) Steps not labeled as RC may be
                                              this AD.                                                deviated from using accepted methods in
                                                                                                      accordance with the operator’s maintenance            Amendment of Class E Airspace,
                                              (i) Additional Method of Compliance                     or inspection program without obtaining               Salem, OR
                                                 Boeing Alert Service Bulletin 767–                   approval of an AMOC, provided the RC steps,
                                              38A0073, Revision 3, dated September 8,                 including substeps and identified figures, can        AGENCY:  Federal Aviation
                                              2016, is acceptable for compliance with the             still be done as specified, and the airplane          Administration (FAA), DOT.
                                              requirements of paragraph (g) of this AD, as            can be put back in an airworthy condition.            ACTION: Final rule.
                                              applicable to the Groups and Configurations
                                                                                                      (m) Related Information
                                              as identified in Boeing Alert Service Bulletin                                                                SUMMARY:   This action modifies the Class
sradovich on DSK3GMQ082PROD with RULES




                                              767–38A0073, Revision 3, dated September                  (1) For more information about this AD,             E airspace extending upward from 700
                                              8, 2016.                                                contact Stanley Chen, Aerospace Engineer,             feet above the surface at McNary Field,
                                                                                                      Cabin Safety and Environmental Systems
                                              (j) Parts Installation Prohibition                      Branch, ANM–150S, FAA, Seattle Aircraft
                                                                                                                                                            Salem, OR. After a review of the
                                                 As of the effective date of this AD, no              Certification Office (ACO), 1601 Lind Avenue          airspace, the FAA found additional
                                              person may install any plastic potable water            SW., Renton, WA 98057–3356; phone: 425–               airspace is required to support the
                                              coupling having part number (P/N) CA620                 917–6585; fax: 425–917–6590; email:                   current standard instrument approach
                                              series or P/N CA625 series on any airplane.             stanley.chen@faa.gov.                                 and departure procedures for the safety


                                         VerDate Sep<11>2014   15:57 Feb 13, 2017   Jkt 241001   PO 00000   Frm 00004   Fmt 4700   Sfmt 4700   E:\FR\FM\14FER1.SGM   14FER1


                                                               Federal Register / Vol. 82, No. 29 / Tuesday, February 14, 2017 / Rules and Regulations                                        10545

                                              and management of Instrument Flight                     extending upward from 700 feet above                  comment was a duplicate and one
                                              Rules (IFR) operations at the airport.                  the surface, and removing Class E                     provided feedback on the two earlier
                                              DATES: Effective 0901 UTC, April 27,                    surface area airspace designated as an                final rules and not the current proposal.
                                              2017. The Director of the Federal                       extension at McNary Field, Salem, OR                  To the extent that commenters raised
                                              Register approves this incorporation by                 (80 FR 37153, June 30, 2015). The FAA                 concerns pertaining to the earlier
                                              reference action under Title 1, Code of                 explained that due to the proposed                    airspace actions (e.g., modifications to
                                              Federal Regulations, part 51, subject to                cancellation of the Turno non-                        Class D airspace), the FAA notes that
                                              the annual revision of FAA Order                        directional radio beacon (NDB) and                    those comments are outside the scope of
                                              7400.11A and publication of conforming                  cancellation of the NDB approach, a                   this proposal.
                                              amendments.                                             review of the airspace was completed,
                                                                                                      revealing an increase and                                One commenter supported the current
                                              ADDRESSES: FAA Order 7400.11A,
                                                                                                      reconfiguration of the airspace was                   proposal. Six commenters requested the
                                              Airspace Designations and Reporting                                                                           airspace be returned to the configuration
                                              Points, and subsequent amendments can                   needed for IFR operations. The final
                                                                                                      rule was effective August 20, 2015.                   that existed prior to August 20, 2015.
                                              be viewed on line at http://
                                                                                                         After August 20, 2015 the FAA                      The FAA does not agree; the airspace
                                              www.faa.gov/air_traffic/publications/.
                                                                                                      received and considered additional                    that existed prior to August 20, 2015 did
                                              For further information, you can contact
                                                                                                      public comments recommending further                  not comply with FAA Order 7400.2K,
                                              the Airspace Policy Group, Federal
                                                                                                      airspace changes. The FAA published a                 Procedures for Handling Airspace
                                              Aviation Administration, 800
                                                                                                      notice of proposed rulemaking (NPRM)                  Matters in that it overstated some
                                              Independence Avenue SW.,
                                                                                                      on September 21, 2015 (80 FR 56935),                  airspace areas necessary for Instrument
                                              Washington, DC 20591; telephone: 202–                   proposing to modify Class D airspace,
                                              267–8783. The Order is also available                                                                         Flight Rules (IFR) arrivals and did not
                                                                                                      Class E surface area airspace, and Class              provide sufficient airspace in other
                                              for inspection at the National Archives                 E airspace extending upward from 700
                                              and Records Administration (NARA).                                                                            areas to protect IFR departures until
                                                                                                      feet above the surface at McNary Field.
                                              For information on the availability of                                                                        reaching 700 feet above the surface due
                                                                                                      The FAA determined that some airspace
                                              this material at NARA, call 202–741–                                                                          to rising terrain.
                                                                                                      was unnecessary for Standard
                                              6030, or go to http://www.archives.gov/                 Instrument Approach Procedures (SIAP)                    Four commenters recommended the
                                              federal_register/code_of_federal-                       for instrument flight rules (IFR)                     use of Class E4 arrival extensions. The
                                              regulations/ibr_locations.html.                         operations at the airport. The FAA                    FAA does not agree. FAA Order 7400.2
                                                FAA Order 7400.11, Airspace                           received 71 comments including 24                     states that Class E4 arrival extensions
                                              Designations and Reporting Points, is                   comments requesting that the airspace                 are to be employed at the point where
                                              published yearly and effective on                       be returned to the configuration that                 an aircraft descends below 1,000 feet if
                                              September 15.                                           was in place prior to August 20, 2015.                it is farther than two miles from, and
                                              FOR FURTHER INFORMATION CONTACT:                        The FAA issued another final rule on                  outside the surface airspace. IFR aircraft
                                              Richard Roberts, Federal Aviation                       March 8, 2016 (81 FR 12002), explaining               at McNary Field, Salem, OR, descend to
                                              Administration, Operations Support                      in response to the public comments that               1,000 feet above ground level within
                                              Group, Western Service Center, 1601                     returning to the prior airspace
                                              Lind Avenue SW., Renton, WA 98057;                                                                            Class D airspace on all approaches.
                                                                                                      configuration would not protect the IFR
                                              telephone (425) 203–4517.                               arrivals and departures or account for                   Four commenters cited that the FAA
                                              SUPPLEMENTARY INFORMATION:                              existing terrain.                                     did not comply with guidance in five of
                                                                                                         After March 8, 2016, the FAA                       their own directives: FAA Orders
                                              Authority for This Rulemaking                           received additional public comments                   8260.3C, United States Standard for
                                                The FAA’s authority to issue rules                    citing a potential safety issue with the              Terminal Instrument Procedures
                                              regarding aviation safety is found in                   Localizer (LOC) Y runway (RWY) 31,                    (TERPS); 8200.44A, Flight Inspection
                                              Title 49 of the United States Code.                     and the LOC/Distance Measuring                        Services Instrument Flight Procedure
                                              Subtitle I, Section 106 describes the                   Equipment (DME) Back Course (BC)                      Coordination; 8260.19G, Flight
                                              authority of the FAA Administrator.                     approach to RWY 13. The FAA                           Procedures and Airspace; 8260.26F,
                                              Subtitle VII, Aviation Programs,                        investigated this issue and on June 29,               Establishing Submission Cutoff Dates
                                              describes in more detail the scope of the               2016, the FAA published in the Federal                for Civil Instrument Flight Procedures;
                                              agency’s authority. This rulemaking is                  Register a notice of proposed                         and 7400.2K, Procedures for Handling
                                              promulgated under the authority                         rulemaking (NPRM), (81 FR 42293)                      Airspace Matters. No specific examples
                                              described in Subtitle VII, Part A,                      Docket FAA–2016–6984, to modify                       were provided, except two commenters
                                              Subpart I, Section 40103. Under that                    Class E airspace extending upward from                stated the FAA was not in compliance
                                              section, the FAA is charged with                        700 feet above the surface at McNary                  with Order 7400.2K page 17–2–4 when
                                              prescribing regulations to assign the use               Field, Salem, OR, to provide additional
                                                                                                                                                            designing the Class D airspace. The FAA
                                              of airspace necessary to ensure the                     airspace to support the Localizer (LOC)
                                              safety of aircraft and the efficient use of                                                                   disagrees as the current Class D airspace
                                                                                                      Y runway (RWY) 31, and the LOC/
                                              airspace. This regulation is within the                 Distance Measuring Equipment (DME)                    is in compliance with this guidance.
                                              scope of that authority as it modifies                  Back Course (BC) approach to RWY 13.                  Further, the Class D airspace is not
                                              controlled airspace at McNary Field,                    Interested parties were invited to                    relevant to this rulemaking action.
                                              Salem, OR.                                              participate in this rulemaking effort by                 Class E airspace designations are
                                                                                                      submitting written comments on the                    published in paragraph 6005 of FAA
sradovich on DSK3GMQ082PROD with RULES




                                              History
                                                                                                      proposal to the FAA. Ten comments                     Order 7400.11A, dated August 3, 2016,
                                                The airspace in the area of McNary                    were received.                                        and effective September 15, 2016, which
                                              Field, Salem, Oregon has been the                                                                             is incorporated by reference in 14 CFR
                                              subject of three recent airspace actions.               Discussion of Comments
                                                                                                                                                            part 71.1. The Class E airspace
                                              In June 2015, the FAA issued a final                      There were ten comments received                    designation listed in this document will
                                              rule modifying Class D airspace, Class E                from seven commenters; one individual                 be published subsequently in the Order.
                                              surface area airspace, Class E airspace                 provided three separate comments. One


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                                              10546            Federal Register / Vol. 82, No. 29 / Tuesday, February 14, 2017 / Rules and Regulations

                                              Availability and Summary of                             that warrant preparation of an                          DEPARTMENT OF JUSTICE
                                              Documents for Incorporation by                          environmental assessment.
                                              Reference                                                                                                       Office of the Attorney General
                                                                                                      List of Subjects in 14 CFR Part 71
                                                 This document amends FAA Order
                                                                                                       Airspace, Incorporation by reference,                  28 CFR Part 0
                                              7400.11A, Airspace Designations and
                                              Reporting Points, dated August 3, 2016,                 Navigation (air).                                       [Docket No. CRM 116; AG Order No. 3847–
                                              and effective September 15, 2016. FAA                                                                           2017]
                                                                                                      Adoption of the Amendment
                                              Order 7400.11A is publicly available as
                                              listed in the ADDRESSES section of this                                                                         Delegation of Authority Concerning
                                                                                                        In consideration of the foregoing, the                Mutual Legal Assistance
                                              document. FAA Order 7400.11A lists                      Federal Aviation Administration
                                              Class A, B, C, D, and E airspace areas,                 amends 14 CFR part 71 as follows:                       AGENCY:    Department of Justice.
                                              air traffic service routes, and reporting                                                                       ACTION:   Final rule.
                                              points.                                                 PART 71—DESIGNATION OF CLASS A,
                                              The Rule                                                B, C, D, AND E AIRSPACE AREAS; AIR                      SUMMARY:   The Attorney General has
                                                                                                      TRAFFIC SERVICE ROUTES; AND                             delegated to the Assistant Attorney
                                                 This amendment to Title 14, Code of                  REPORTING POINTS                                        General for the Criminal Division, with
                                              Federal Regulations (14 CFR) part 71                                                                            certain restrictions, the authority to
                                              modifies Class E airspace extending                                                                             perform the functions of the ‘‘Central
                                                                                                      ■ 1. The authority citation for Part 71
                                              upward from 700 feet above the surface                                                                          Authority’’ or ‘‘Competent Authority’’
                                              at McNary Field, Salem, OR, by adding                   continues to read as follows:
                                                                                                                                                              under treaties and executive agreements
                                              segments extending from the 6.7-mile                      Authority: 49 U.S.C. 106(f), 106(g); 40103,           between the United States and other
                                              radius to 13.50 miles northwest of the                  40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,            countries on mutual assistance in
                                              airport, and extending from the 8.2-mile                1959–1963 Comp., p. 389.                                criminal matters that designate the
                                              radius to 16.5 miles southeast of the                                                                           Attorney General or the Department of
                                                                                                      § 71.1       [Amended]
                                              airport. After a review, the FAA                                                                                Justice as such authority. The Assistant
                                              discovered additional airspace was                      ■ 2. The incorporation by reference in                  Attorney General for the Criminal
                                              necessary to accommodate the LOC Y                      14 CFR 71.1 of FAA Order 7400.11A,                      Division is authorized to re-delegate this
                                              RWY 31, and the LOC/DME BC RWY 13                       Airspace Designations and Reporting                     authority to the Deputy Assistant
                                              instrument approach procedures for the                  Points, dated August 3, 2016, and                       Attorneys General and to the Director
                                              safety and management of IFR                                                                                    and Deputy Directors of the Office of
                                                                                                      effective September 15, 2016, is
                                              operations at the airport.                                                                                      International Affairs (OIA). This final
                                                                                                      amended as follows:
                                              Regulatory Notices and Analyses                                                                                 rule will expand the scope of persons to
                                                                                                      Paragraph 6005 Class E Airspace Areas                   whom this authority may be re-
                                                 The FAA has determined that this                     Extending Upward From 700 Feet or More                  delegated to include OIA’s Associate
                                              regulation only involves an established                 Above the Surface of the Earth.                         Directors.
                                              body of technical regulations for which                 *        *      *      *       *
                                              frequent and routine amendments are                                                                             DATES:   Effective February 14, 2017.
                                              necessary to keep them operationally                    ANM OR E5           Salem, OR [Modified]                FOR FURTHER INFORMATION CONTACT:
                                              current, is non-controversial and                       Salem, McNary Field, OR                                 Vaughn Ary, Director, Office of
                                              unlikely to result in adverse or negative                  (Lat. 44°54′34″ N., long. 123°00′09″ W.)             International Affairs, Criminal Division,
                                              comments. It, therefore: (1) Is not a                      That airspace extending upward from 700
                                                                                                                                                              U.S. Department of Justice, Washington,
                                              ‘‘significant regulatory action’’ under                 feet above the surface within a 6.2-mile                DC 20005; Telephone (202) 616–1503.
                                              Executive Order 12866; (2) is not a                     radius of McNary Field from the 168° bearing            SUPPLEMENTARY INFORMATION: The Office
                                              ‘‘significant rule’’ under DOT                          from the airport clockwise to the 311° bearing          of International Affairs (OIA) serves as
                                              Regulatory Policies and Procedures (44                  from the airport, and that airspace within a            the United States Central Authority with
                                              FR 11034; February 26, 1979); and (3)                   6.7-mile radius of McNary Field from the                respect to all requests for information
                                              does not warrant preparation of a                       311° bearing from the airport clockwise to the          and evidence received from and made to
                                              Regulatory Evaluation as the anticipated                074° bearing from the airport, and that                 foreign authorities under Mutual Legal
                                              impact is so minimal. Since this is a                   airspace within an 8.2-mile radius of McNary            Assistance Treaties and multilateral
                                              routine matter that only affects air traffic            Field from the 074° bearing from the airport            conventions regarding assistance in
                                              procedures and air navigation, it is                    clockwise to the 168° bearing from the                  criminal matters. OIA’s inventory of
                                              certified that this rule, when                          airport, and that airspace 2 miles either side          pending mutual legal assistance (MLA)
                                              promulgated, does not have a significant                of the 330° bearing extending from the 6.7-             requests has grown substantially in
                                              economic impact on a substantial                        mile radius of the airport to 13.5 miles                recent years. OIA received over 6,000
                                              number of small entities under the                      northwest of the airport, and that airspace 4           new requests in FY16, the most since
                                              criteria of the Regulatory Flexibility Act.             miles southwest and 5 miles northeast of the            OIA’s inception in 1979. With only
                                                                                                      150° bearing extending from the 8.2-mile                three senior leaders (the Director and
                                              Environmental Review                                    radius of the airport to 16.5 miles southeast           two Deputy Directors) authorized to sign
                                                 The FAA has determined that this                     of the airport.                                         outgoing MLA requests, it can be
                                              action qualifies for categorical exclusion                Issued in Seattle, Washington, on January             difficult for OIA to process these MLA
                                              under the National Environmental                        19, 2017.                                               requests expeditiously. To address this
sradovich on DSK3GMQ082PROD with RULES




                                              Policy Act in accordance with FAA                       Tracey Johnson,
                                                                                                                                                              issue, the Department of Justice is
                                              Order 1050.1F, ‘‘Environmental                                                                                  modifying its delegation of authority in
                                                                                                      Manager, Operations Support Group, Western
                                              Impacts: Policies and Procedures,’’                                                                             28 CFR 0.64–1 to add the Associate
                                                                                                      Service Center.
                                              paragraph 5–6.5a. This airspace action                                                                          Directors who supervise OIA’s regional
                                                                                                      [FR Doc. 2017–02489 Filed 2–13–17; 8:45 am]
                                              is not expected to cause any potentially                                                                        teams and designated units as persons
                                              significant environmental impacts, and                  BILLING CODE 4910–13–P                                  who may sign MLA requests. Associate
                                              no extraordinary circumstances exist                                                                            Directors represent the most


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Document Created: 2017-02-13 23:40:10
Document Modified: 2017-02-13 23:40:10
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective 0901 UTC, April 27, 2017. 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 7400.11A and publication of conforming amendments.
ContactRichard Roberts, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4517.
FR Citation82 FR 10544 
CFR AssociatedAirspace; Incorporation by Reference and Navigation (air)

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