82_FR_3174 82 FR 3167 - Establishment of Class E Airspace, Thermopolis, WY

82 FR 3167 - Establishment of Class E Airspace, Thermopolis, WY

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 7 (January 11, 2017)

Page Range3167-3168
FR Document2017-00288

This action establishes Class E airspace extending upward from 700 feet above the surface at Hot Springs County Airport, Thermopolis, WY, to support the development of Instrument Flight Rules (IFR) operations under standard instrument approach and departure procedures at the airport, for the safety and management of aircraft within the National Airspace System.

Federal Register, Volume 82 Issue 7 (Wednesday, January 11, 2017)
[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Rules and Regulations]
[Pages 3167-3168]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00288]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-8163; Airspace Docket No. 16-ANM-2]


Establishment of Class E Airspace, Thermopolis, WY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes Class E airspace extending upward from 
700 feet above the surface at Hot Springs County Airport, Thermopolis, 
WY, to support the development of Instrument Flight Rules (IFR) 
operations under standard instrument approach and departure procedures 
at the airport, for the safety and management of aircraft within the 
National Airspace System.

DATES: Effective 0901 UTC, March 2, 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 7400.11 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: Tom Clark, Federal Aviation 
Administration, Operations Support Group, Western Service Center, 1601 
Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4511.

[[Page 3168]]


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 controlled airspace at Hot Spring County Airport, 
Thermopolis, WY.

History

    On November 4, 2016, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to establish Class E airspace 
extending upward from 700 feet above the surface at Hot Springs County 
Airport, Thermopolis, WY. (81 FR 76886) Docket FAA-2016-8163. 
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 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.

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 establishes Class E airspace extending upward from 700 feet 
above the surface within a 4.8-mile radius of the Hot Springs County 
Airport, Thermopolis, WY with segments extending to 7 miles southwest 
of the airport, and 5.5 miles northeast of the airport. This airspace 
is established to accommodate new Area Navigation (RNAV) Global 
Positioning System (GPS) standard instrument approach procedures 
developed for 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.

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 7400.11A, 
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 WY E5 Thermopolis, WY [New]

Hot Springs County Airport, WY
    (Lat. 43[deg]42'49'' N., long. 108[deg]23'23'' W.)

That airspace extending upward from 700 feet above the surface 
within a 4.8-mile radius of Hot Spring County Airport, and within 
4.8 miles each side of the airport 230[deg] bearing extending from 
the 4.8 mile radius to 7 miles southwest of the airport, and within 
1.8 miles each side of the airport 055[deg] bearing extending from 
the 4.8-mile radius to 5.5 miles northeast of the airport.

    Issued in Seattle, Washington, on January 4, 2017.
Richard Roberts,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2017-00288 Filed 1-10-17; 8:45 am]
 BILLING CODE 4910-13-P



                                                               Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Rules and Regulations                                                3167

                                                 (iii) A transient loss of control of                 the duties or exercise the privileges                  of Public Law 114–190 on December 22,
                                              nervous system functions without                        required to operate an aircraft under                  2016.
                                              satisfactory medical explanation of the                 § 61.113(i) of this chapter; or                        Michael P. Huerta,
                                              cause.                                                    (ii) The individual’s driver’s license is            Administrator.
                                                 (3) A cardiovascular condition,                      revoked by the issuing agency as a result              [FR Doc. 2016–31602 Filed 1–10–17; 11:15 am]
                                              limited to a one-time special issuance                  of a clinically diagnosed neurological                 BILLING CODE 4910–13–P
                                              for each diagnosis of the following:                    condition.
                                                 (i) Myocardial infarction;
                                                 (ii) Coronary heart disease that has                   (2) Subject to paragraph (d)(1) of this              DEPARTMENT OF TRANSPORTATION
                                              required treatment;                                     section, an individual clinically
                                                 (iii) Cardiac valve replacement; or                  diagnosed with a neurological condition                Federal Aviation Administration
                                                 (iv) Heart replacement.                              shall certify every 2 years, in
                                                 (b) Special rule for cardiovascular                  conjunction with the certification under               14 CFR Part 71
                                              conditions. In the case of an individual                § 68.3(b)(3), that the individual is under
                                                                                                                                                             [Docket No. FAA–2016–8163; Airspace
                                              with a cardiovascular condition, the                    the care of a State-licensed medical                   Docket No. 16–ANM–2]
                                              process for obtaining an Authorization                  specialist for that neurological
                                              for Special Issuance of a Medical                       condition.                                             Establishment of Class E Airspace,
                                              Certificate shall be satisfied with the                                                                        Thermopolis, WY
                                                                                                      § 68.11 Authority to require additional
                                              successful completion of an appropriate
                                                                                                      information.                                           AGENCY:  Federal Aviation
                                              clinical evaluation without a mandatory
                                              wait period.                                              (a) If the Administrator receives                    Administration (FAA), DOT.
                                                 (c) Special rule for mental health                   credible or urgent information,                        ACTION: Final rule.
                                              conditions. (1) In the case of an                       including from the National Driver                     SUMMARY:   This action establishes Class
                                              individual with a clinically diagnosed                  Register or the Administrator’s Safety                 E airspace extending upward from 700
                                              mental health condition, the ability to                 Hotline, that reflects on an individual’s              feet above the surface at Hot Springs
                                              operate an aircraft under § 61.113(i) of                ability to safely operate an aircraft under            County Airport, Thermopolis, WY, to
                                              this chapter shall not apply if—                        § 61.113(i) of this chapter, the                       support the development of Instrument
                                                 (i) In the judgment of the individual’s              Administrator may require the                          Flight Rules (IFR) operations under
                                              State-licensed medical specialist, the                  individual to provide additional                       standard instrument approach and
                                              condition—                                              information or history so that the                     departure procedures at the airport, for
                                                 (A) Renders the individual unable to                 Administrator may determine whether                    the safety and management of aircraft
                                              safely perform the duties or exercise the               the individual is safe to continue                     within the National Airspace System.
                                              airman privileges required to operate an                operating under that section.                          DATES: Effective 0901 UTC, March 2,
                                              aircraft under § 61.113(i) of this chapter;
                                                                                                        (b) The Administrator may use                        2017. The Director of the Federal
                                              or
                                                                                                      credible or urgent information received                Register approves this incorporation by
                                                 (B) May reasonably be expected to
                                                                                                      under paragraph (a) to request an                      reference action under Title 1, Code of
                                              make the individual unable to perform
                                                                                                      individual to provide additional                       Federal Regulations, part 51, subject to
                                              the duties or exercise the privileges
                                                                                                      information or to take actions under 49                the annual revision of FAA Order
                                              required to operate an aircraft under
                                                                                                      U.S.C. 44709(b).                                       7400.11 and publication of conforming
                                              § 61.113(i) of this chapter; or
                                                 (ii) The individual’s driver’s license is                                                                   amendments.
                                                                                                      PART 91—GENERAL OPERATING AND                          ADDRESSES: FAA Order 7400.11A,
                                              revoked by the issuing agency as a result               FLIGHT RULES
                                              of a clinically diagnosed mental health                                                                        Airspace Designations and Reporting
                                              condition.                                                                                                     Points, and subsequent amendments can
                                                 (2) Subject to paragraph (c)(1) of this              ■ 8. The authority citation for part 91 is             be viewed on line at http://
                                              section, an individual clinically                       revised to read as follows:                            www.faa.gov/air_traffic/publications/.
                                              diagnosed with a mental health                            Authority: 49 U.S.C. 106(f), 106(g), 1155,           For further information, you can contact
                                              condition shall certify every 2 years, in               40101, 40103, 40105, 40113, 40120, 44101,              the Airspace Policy Group, Federal
                                              conjunction with the certification under                44111, 44701, 44704, 44709, 44711, 44712,              Aviation Administration, 800
                                              § 68.3(b)(3), that the individual is under              44715, 44716, 44717, 44722, 46306, 46315,              Independence Avenue SW.,
                                              the care of a State-licensed medical                    46316, 46504, 46506–46507, 47122, 47508,               Washington, DC 20591; telephone: 202–
                                              specialist for that mental health                       47528–47531, 47534, Pub. L. 114–190, 130               267–8783. The Order is also available
                                              condition.                                              Stat. 615 (49 U.S.C. 44703 note); articles 12          for inspection at the National Archives
                                                 (d) Special rule for neurological                    and 29 of the Convention on International              and Records Administration (NARA).
                                              conditions. (1) In the case of an                       Civil Aviation (61 Stat. 1180), (126 Stat. 11).        For information on the availability of
                                              individual with a clinically diagnosed                                                                         this material at NARA, call 202–741–
                                                                                                      ■ 9. In § 91.319, add paragraph (j) to                 6030, or go to http://www.archives.gov/
                                              neurological condition, the ability to                  read as follows:
                                              operate an aircraft under § 61.113(i) of                                                                       federal_register/code_of_federal-
                                              this chapter shall not apply if—                        § 91.319 Aircraft having experimental                  regulations/ibr_locations.html.
                                                 (i) In the judgment of the individual’s              certificates: Operating limitations.                     FAA Order 7400.11, Airspace
                                              State-licensed medical specialist, the                                                                         Designations and Reporting Points, is
                                                                                                      *     *     *      *    *
                                              condition—                                                                                                     published yearly and effective on
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                                                 (A) Renders the individual unable to                   (j) No person may operate an aircraft                September 15.
                                              safely perform the duties or exercise the               that has an experimental certificate                   FOR FURTHER INFORMATION CONTACT: Tom
                                              airman privileges required to operate an                under § 61.113(i) of this chapter unless               Clark, Federal Aviation Administration,
                                              aircraft under § 61.113(i) of this chapter;             the aircraft is carrying not more than 6               Operations Support Group, Western
                                              or                                                      occupants.                                             Service Center, 1601 Lind Avenue SW.,
                                                 (B) May reasonably be expected to                      Issued in Washington, DC, under the                  Renton, WA 98057; telephone (425)
                                              make the individual unable to perform                   authority of 49 U.S.C. 106(f) and Sec. 2307            203–4511.


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                                              3168             Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Rules and Regulations

                                              SUPPLEMENTARY INFORMATION:                              established to accommodate new Area                    Points, dated August 3, 2016, and
                                                                                                      Navigation (RNAV) Global Positioning                   effective September 15, 2016, is
                                              Authority for This Rulemaking
                                                                                                      System (GPS) standard instrument                       amended as follows:
                                                The FAA’s authority to issue rules                    approach procedures developed for the                  Paragraph 6005 Class E Airspace Areas
                                              regarding aviation safety is found in                   airport.                                               Extending Upward From 700 Feet or More
                                              Title 49 of the United States Code.                                                                            Above the Surface of the Earth.
                                              Subtitle I, Section 106 describes the                   Regulatory Notices and Analyses
                                              authority of the FAA Administrator.                                                                            *       *      *    *     *
                                                                                                         The FAA has determined that this
                                              Subtitle VII, Aviation Programs,                        regulation only involves an established                ANM WY E5 Thermopolis, WY [New]
                                              describes in more detail the scope of the               body of technical regulations for which                Hot Springs County Airport, WY
                                              agency’s authority. This rulemaking is                  frequent and routine amendments are                      (Lat. 43°42′49″ N., long. 108°23′23″ W.)
                                              promulgated under the authority                         necessary to keep them operationally                   That airspace extending upward from 700
                                              described in Subtitle VII, Part A,                      current, is non-controversial and                      feet above the surface within a 4.8-mile
                                              Subpart I, Section 40103. Under that                    unlikely to result in adverse or negative              radius of Hot Spring County Airport, and
                                              section, the FAA is charged with                        comments. It, therefore: (1) Is not a                  within 4.8 miles each side of the airport 230°
                                              prescribing regulations to assign the use               ‘‘significant regulatory action’’ under                bearing extending from the 4.8 mile radius to
                                              of airspace necessary to ensure the                     Executive Order 12866; (2) is not a                    7 miles southwest of the airport, and within
                                                                                                                                                             1.8 miles each side of the airport 055° bearing
                                              safety of aircraft and the efficient use of             ‘‘significant rule’’ under DOT                         extending from the 4.8-mile radius to 5.5
                                              airspace. This regulation is within the                 Regulatory Policies and Procedures (44                 miles northeast of the airport.
                                              scope of that authority as it establishes               FR 11034; February 26, 1979); and (3)
                                              controlled airspace at Hot Spring                       does not warrant preparation of a                         Issued in Seattle, Washington, on January
                                                                                                                                                             4, 2017.
                                              County Airport, Thermopolis, WY.                        Regulatory Evaluation as the anticipated
                                                                                                      impact is so minimal. Since this is a                  Richard Roberts,
                                              History                                                                                                        Manager, Operations Support Group, Western
                                                                                                      routine matter that only affects air traffic
                                                 On November 4, 2016, the FAA                         procedures and air navigation, it is                   Service Center.
                                              published in the Federal Register a                     certified that this rule, when                         [FR Doc. 2017–00288 Filed 1–10–17; 8:45 am]
                                              notice of proposed rulemaking (NPRM)                    promulgated, does not have a significant               BILLING CODE 4910–13–P
                                              to establish Class E airspace extending                 economic impact on a substantial
                                              upward from 700 feet above the surface                  number of small entities under the
                                              at Hot Springs County Airport,                          criteria of the Regulatory Flexibility Act.            DEPARTMENT OF STATE
                                              Thermopolis, WY. (81 FR 76886) Docket
                                              FAA–2016–8163. Interested parties                       Environmental Review                                   22 CFR Parts 35, 103, 127 and 138
                                              were invited to participate in this                        The FAA has determined that this
                                                                                                                                                             RIN 1400–AE09
                                              rulemaking effort by submitting written                 action qualifies for categorical exclusion
                                              comments on the proposal to the FAA.                                                                           Public Notice: 9828]
                                                                                                      under the National Environmental
                                              No comments were received.                              Policy Act in accordance with FAA                      2017 Civil Monetary Penalties
                                                 Class E airspace designations are                    Order 1050.1F, ‘‘Environmental                         Inflationary Adjustment
                                              published in paragraph 6005 of FAA                      Impacts: Policies and Procedures,’’
                                              Order 7400.11A, dated August 3, 2016,                   paragraph 5–6.5a. This airspace action                 AGENCY:      Department of State.
                                              and effective September 15, 2016, which                 is not expected to cause any potentially               ACTION:     Final rule.
                                              is incorporated by reference in 14 CFR                  significant environmental impacts, and
                                              part 71.1. The Class E airspace                         no extraordinary circumstances exist                   SUMMARY:   This final rule is issued to
                                              designation listed in this document will                that warrant preparation of an                         adjust the civil monetary penalties
                                              be published subsequently in the Order.                 environmental assessment.                              (CMP) for regulatory provisions
                                                                                                                                                             maintained and enforced by the
                                              Availability and Summary of                             Lists of Subjects in 14 CFR Part 71                    Department of State. The revised CMP
                                              Documents for Incorporation by
                                                                                                       Airspace, Incorporation by reference,                 adjusts the amount of civil monetary
                                              Reference
                                                                                                      Navigation (air).                                      penalties assessed by the Department of
                                                 This document amends FAA Order                                                                              State based on the December 2016
                                              7400.11A, Airspace Designations and                     Adoption of the Amendment
                                                                                                                                                             guidance from the Office of
                                              Reporting Points, dated August 3, 2016,                   In consideration of the foregoing, the               Management and Budget. The new
                                              and effective September 15, 2016. FAA                   Federal Aviation Administration                        amounts will apply only to those
                                              Order 7400.11A is publicly available as                 amends 14 CFR part 71 as follows:                      penalties assessed on or after the
                                              listed in the ADDRESSES section of this                                                                        effective date of this rule, regardless of
                                              document. FAA Order 7400.11A lists                      PART 71—DESIGNATION OF CLASS A,                        the date on which the underlying facts
                                              Class A, B, C, D, and E airspace areas,                 B, C, D, AND E AIRSPACE AREAS; AIR                     or violations occurred.
                                              air traffic service routes, and reporting               TRAFFIC SERVICE ROUTES; AND
                                                                                                                                                             DATES: This final rule is effective on
                                              points.                                                 REPORTING POINTS
                                                                                                                                                             January 11, 2017.
                                              The Rule                                                ■ 1. The authority citation for Part 71                FOR FURTHER INFORMATION CONTACT:
                                                This amendment to Title 14, Code of                   continues to read as follows:                          Alice Kottmyer, Attorney-Adviser,
                                              Federal Regulations (14 CFR) part 71                      Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                                                                                                                                             Office of Management, kottmyeram@
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                                              establishes Class E airspace extending                  40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,           state.gov. ATTN: Regulatory Change,
                                              upward from 700 feet above the surface                  1959–1963 Comp., p. 389.                               CMP Adjustments, (202) 647–2318.
                                              within a 4.8-mile radius of the Hot                                                                            SUPPLEMENTARY INFORMATION: The
                                              Springs County Airport, Thermopolis,                    § 71.1   [Amended]                                     Federal Civil Penalties Inflation
                                              WY with segments extending to 7 miles                   ■ 2. The incorporation by reference in                 Adjustment Act of 1990, Public Law
                                              southwest of the airport, and 5.5 miles                 14 CFR 71.1 of FAA Order 7400.11A,                     101–410 (the 1990 Act), as amended by
                                              northeast of the airport. This airspace is              Airspace Designations and Reporting                    the Debt Collection Improvement Act of


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Document Created: 2018-02-01 14:59:30
Document Modified: 2018-02-01 14:59:30
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, March 2, 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 7400.11 and publication of conforming amendments.
ContactTom Clark, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4511.
FR Citation82 FR 3167 
CFR AssociatedAirspace; Incorporation by Reference and Navigation (air)

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