82 FR 55942 - Amendment of Class E Airspace; Hawthorne, NV
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 82, Issue 226 (November 27, 2017)
Federal Aviation Administration
Federal Register Volume 82, Issue 226 (November 27, 2017)
| Page Range | 55942-55943 | |
| FR Document | 2017-25420 |
[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)] [Rules and Regulations] [Pages 55942-55943] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-25420] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2017-0983 Airspace Docket No. 17-AWP-24] Amendment of Class E Airspace; Hawthorne, NV AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule, technical amendment. ----------------------------------------------------------------------- SUMMARY: This final rule technical amendment amends the legal description of Class E Airspace extending upward from 700 feet above the surface at Hawthorne Industrial Airport, Hawthorne, NV, to correct a clerical error. The airspace legal description inadvertently omits the word ``radius'' and defined the airspace boundary ``within 3.6 miles of'' instead of ``within a 3.6-mile radius of'' the airport. DATES: Effective 0901 UTC, November 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 7400.11 and publication of conforming amendments. 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. SUPPLEMENTARY INFORMATION: Authority for This Rulemaking The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it amends Class E airspace at Industrial Airport, Hawthorne, NV, to support IFR operations at the airport. History The FAA recently published a rule in the Federal Register (82 FR 37514, August 11, 2017) Docket No. FAA-2017-0297, establishing Class E airspace extending upward from 700 feet above the surface at Hawthorne Industrial Airport, Hawthorne, NV, that contained a clerical error in the airspace legal description. The word `radius' was omitted from the sentence that reads ``. . . within 3.6 miles of the Hawthorne Industrial Airport. . . .'' Class E airspace designations are published in paragraphs 6005 of FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017, which is incorporated by reference in 14 CFR part 71.1. The Class E airspace designations 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 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017. FAA Order 7400.11B is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11B lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points. The Rule This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by correcting a clerical error in the regulatory text of Class E airspace extending upward from 700 feet above the surface at Hawthorne Industrial Airport, Hawthorne, NV. The text is corrected to read ``That airspace extending upward from 700 feet above the surface within a 3.6-mile radius of Hawthorne Industrial Airport. . . .'' Section 553(b)(3)(B) of the Administrative Procedures Act (5 [[Page 55943]] U.S.C.) authorizes agencies to dispense with notice and comment procedure when the agency for ``good cause'' finds that these procedures are ``impracticable, or contrary to the public interest.'' As published, the omission of the word ``radius'' in this regulation may prove to be misleading. Accordingly, action is taken herein to add the word ``radius'' to the airspace description for Hawthorne Industrial Airport, therefore, in the interest of flight safety, I find that notice and public procedure under 5 U.S.C. 553(b) are impracticable and contrary to the public interest. Section 553(d) of the Administrative Procedures Act (5 U.S.C.) authorizes agencies to determine an effective date of less than 30 days after publication for good cause found and published with the rule. In consideration of the need to correct the airspace description for Hawthorne Industrial Airport and to avoid confusion on the part of pilots flying in the vicinity of airport, the FAA finds good cause for making this amendment effective in less than 30 days in order to promote the safe and efficient handling of air traffic in the area. 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 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, effective September 15, 2017, is amended as follows: Paragraph 6005 Class E Surface Area Airspace. * * * * * AWP NV E5 Hawthorne, NV [Amended] Hawthorne Industrial Airport, NV (Lat. 38[deg]32'42'' N., long. 118[deg]37'57'' W.) That airspace extending upward from 700 feet above the surface within a 3.6-mile radius of Hawthorne Industrial Airport and within 2 miles each side of a line extending from lat. 38[deg]32'25'' N., long. 118[deg]37'26'' W.; to lat. 38[deg]28'43'' N., long. 118[deg]27'48'' W.; to lat. 38[deg]28'49'' N., long. 118[deg]24'19'' W.; to lat. 38[deg]32'06'' N., long. 118[deg]18'07'' W. Issued in Seattle, Washington, on November 15, 2017. Brian J. Johnson, Acting Manager, Operations Support Group, Western Service Center. [FR Doc. 2017-25420 Filed 11-24-17; 8:45 am] BILLING CODE 4910-13-P
![55942 Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Rules and Regulations
coordinates of the airport are amended Paragraph 6005 Class E Airspace Areas Subtitle I, Section 106 describes the
to coincide with the FAAs aeronautical Extending Upward From 700 Feet or More authority of the FAA Administrator.
database. Above the Surface of the Earth. Subtitle VII, Aviation Programs,
* * * * * describes in more detail the scope of the
Regulatory Notices and Analyses
ASO AL E5 Alexander City, AL [Amended] agency’s authority. This rulemaking is
The FAA has determined that this promulgated under the authority
Thomas C. Russell Field Airport, AL
regulation only involves an established (Lat. 32°54′53″ N., long. 85°57′47″ W.)
described in Subtitle VII, Part A,
body of technical regulations for which Subpart I, Section 40103. Under that
That airspace extending upward from 700
frequent and routine amendments are feet above the surface within a 7.7-mile
section, the FAA is charged with
necessary to keep them operationally radius of Thomas C. Russell Field Airport. prescribing regulations to assign the use
current. It, therefore: (1) Is not a of airspace necessary to ensure the
‘‘significant regulatory action’’ under Issued in College Park, Georgia, on safety of aircraft and the efficient use of
Executive Order 12866; (2) is not a November 16, 2017. airspace. This regulation is within the
‘‘significant rule’’ under DOT Ryan W. Almasy, scope of that authority as it amends
Regulatory Policies and Procedures (44 Manager, Operations Support Group, Eastern Class E airspace at Industrial Airport,
FR 11034; February 26, 1979); and (3) Service Center, Air Traffic Organization. Hawthorne, NV, to support IFR
does not warrant preparation of a [FR Doc. 2017–25308 Filed 11–24–17; 8:45 am] operations at the airport.
regulatory evaluation as the anticipated BILLING CODE 4910–13–P
History
impact is so minimal. Since this is a
routine matter that only affects air traffic The FAA recently published a rule in
procedures and air navigation, it is DEPARTMENT OF TRANSPORTATION the Federal Register (82 FR 37514,
certified that this rule, when August 11, 2017) Docket No. FAA–
promulgated, does not have a significant Federal Aviation Administration 2017–0297, establishing Class E airspace
economic impact on a substantial extending upward from 700 feet above
number of small entities under the 14 CFR Part 71 the surface at Hawthorne Industrial
criteria of the Regulatory Flexibility Act. Airport, Hawthorne, NV, that contained
[Docket No. FAA–2017–0983 Airspace
Docket No. 17–AWP–24]
a clerical error in the airspace legal
Environmental Review description. The word ‘radius’ was
The FAA has determined that this Amendment of Class E Airspace; omitted from the sentence that reads
action qualifies for categorical exclusion Hawthorne, NV ‘‘. . . within 3.6 miles of the Hawthorne
under the National Environmental Industrial Airport. . . .’’
AGENCY: Federal Aviation Class E airspace designations are
Policy Act in accordance with FAA
Administration (FAA), DOT. published in paragraphs 6005 of FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’ ACTION: Final rule, technical Order 7400.11B dated August 3, 2017,
paragraph 5–6.5a. This airspace action amendment. and effective September 15, 2017, which
is not expected to cause any potentially is incorporated by reference in 14 CFR
SUMMARY: This final rule technical part 71.1. The Class E airspace
significant environmental impacts, and amendment amends the legal
no extraordinary circumstances exist designations listed in this document
description of Class E Airspace will be published subsequently in the
that warrant preparation of an extending upward from 700 feet above
environmental assessment. Order.
the surface at Hawthorne Industrial
Lists of Subjects in 14 CFR Part 71 Airport, Hawthorne, NV, to correct a Availability and Summary of
clerical error. The airspace legal Documents for Incorporation by
Airspace, Incorporation by reference, description inadvertently omits the Reference
Navigation (air). word ‘‘radius’’ and defined the airspace This document amends FAA Order
Adoption of the Amendment boundary ‘‘within 3.6 miles of’’ instead 7400.11B, Airspace Designations and
of ‘‘within a 3.6-mile radius of’’ the Reporting Points, dated August 3, 2017,
In consideration of the foregoing, the airport. and effective September 15, 2017. FAA
Federal Aviation Administration Order 7400.11B is publicly available as
amends 14 CFR part 71 as follows: DATES: Effective 0901 UTC, November
27, 2017. The Director of the Federal listed in the ADDRESSES section of this
Register approves this incorporation by document. FAA Order 7400.11B lists
PART 71—DESIGNATION OF CLASS A,
reference action under Title 1, Code of Class A, B, C, D, and E airspace areas,
B, C, D, AND E AIRSPACE AREAS; AIR
Federal Regulations, part 51, subject to air traffic service routes, and reporting
TRAFFIC SERVICE ROUTES; AND
the annual revision of FAA Order points.
REPORTING POINTS
7400.11 and publication of conforming The Rule
■ 1. The authority citation for part 71 amendments. This action amends Title 14 Code of
continues to read as follows: FOR FURTHER INFORMATION CONTACT: Tom Federal Regulations (14 CFR) part 71 by
Authority: 49 U.S.C. 106(f), 106(g); 40103, Clark, Federal Aviation Administration, correcting a clerical error in the
40113, 40120, E.O. 10854, 24 FR 9565, 3 CFR, Operations Support Group, Western regulatory text of Class E airspace
1959–1963 Comp., p. 389. Service Center, 1601 Lind Avenue SW., extending upward from 700 feet above
Renton, WA 98057; telephone (425) the surface at Hawthorne Industrial
pmangrum on DSK3GDR082PROD with RULES
§ 71.1 [Amended]
203–4511. Airport, Hawthorne, NV. The text is
■ 2. The incorporation by reference in SUPPLEMENTARY INFORMATION: corrected to read ‘‘That airspace
14 CFR 71.1 of FAA Order 7400.11B, extending upward from 700 feet above
Airspace Designations and Reporting Authority for This Rulemaking
the surface within a 3.6-mile radius of
Points, dated August 3, 2017, effective The FAA’s authority to issue rules Hawthorne Industrial Airport. . . .’’
September 15, 2017, is amended as regarding aviation safety is found in Section 553(b)(3)(B) of the
follows: Title 49 of the United States Code. Administrative Procedures Act (5
VerDate Sep<11>2014 15:11 Nov 24, 2017 Jkt 244001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\27NOR1.SGM 27NOR1](https://thefederalregister.org/doc/82_FR_56168/page/1.svg)
![Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Rules and Regulations 55943
U.S.C.) authorizes agencies to dispense that warrant preparation of an SUMMARY: This action amends Class D
with notice and comment procedure environmental assessment. airspace, Class E surface area airspace,
when the agency for ‘‘good cause’’ finds and Class E airspace upward from 700
Lists of Subjects in 14 CFR Part 71
that these procedures are feet above the surface at Pueblo
‘‘impracticable, or contrary to the public Airspace, Incorporation by reference, Memorial Airport, Pueblo, CO. Also, the
interest.’’ As published, the omission of Navigation (air). part-time Notice to Airmen (NOTAM)
the word ‘‘radius’’ in this regulation Adoption of the Amendment information is removed from Class E
may prove to be misleading. airspace designated as an extension, and
Accordingly, action is taken herein to In consideration of the foregoing, the the geographic coordinates for Pueblo
add the word ‘‘radius’’ to the airspace Federal Aviation Administration Memorial Airport in the associated
description for Hawthorne Industrial amends 14 CFR part 71 as follows: Class D and E airspace areas are
Airport, therefore, in the interest of amended to match the FAA’s
flight safety, I find that notice and PART 71—DESIGNATION OF CLASS A, aeronautical database. A biennial review
public procedure under 5 U.S.C. 553(b) B, C, D, AND E AIRSPACE AREAS; AIR found these changes are necessary to
are impracticable and contrary to the TRAFFIC SERVICE ROUTES; AND accommodate airspace redesign for the
public interest. REPORTING POINTS safety and management of Instrument
Section 553(d) of the Administrative ■ 1. The authority citation for part 71 Flight Rules (IFR) operations within the
Procedures Act (5 U.S.C.) authorizes continues to read as follows: National Airspace System. An editorial
agencies to determine an effective date change also is made to the Class D
Authority: 49 U.S.C. 106(f), 106(g); 40103, airspace and Class E surface area
of less than 30 days after publication for
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, airspace legal descriptions replacing
good cause found and published with 1959–1963 Comp., p. 389.
the rule. In consideration of the need to ‘‘Airport/Facility Directory’’ with the
correct the airspace description for § 71.1 [Amended] term ‘‘Chart Supplement.’’
Hawthorne Industrial Airport and to DATES: Effective 0901 UTC, February 1,
■ 2. The incorporation by reference in
avoid confusion on the part of pilots 14 CFR 71.1 of FAA Order 7400.11B, 2018. The Director of the Federal
flying in the vicinity of airport, the FAA Airspace Designations and Reporting Register approves this incorporation by
finds good cause for making this Points, dated August 3, 2017, effective reference action under Title 1, Code of
amendment effective in less than 30 September 15, 2017, is amended as Federal Regulations, part 51, subject to
days in order to promote the safe and follows: the annual revision of FAA Order
efficient handling of air traffic in the 7400.11 and publication of conforming
area. Paragraph 6005 Class E Surface Area amendments.
Airspace.
ADDRESSES: FAA Order 7400.11B,
Regulatory Notices and Analyses * * * * * Airspace Designations and Reporting
The FAA has determined that this AWP NV E5 Hawthorne, NV [Amended] Points, and subsequent amendments can
regulation only involves an established Hawthorne Industrial Airport, NV be viewed online at http://www.faa.gov/
body of technical regulations for which (Lat. 38°32′42″ N., long. 118°37′57″ W.) air_traffic/publications/. For further
frequent and routine amendments are That airspace extending upward from 700 information, you can contact the
necessary to keep them operationally feet above the surface within a 3.6-mile Airspace Policy Group, Federal Aviation
current, is non-controversial and radius of Hawthorne Industrial Airport and Administration, 800 Independence
unlikely to result in adverse or negative within 2 miles each side of a line extending Avenue SW., Washington, DC 20591;
comments. It, therefore: (1) Is not a from lat. 38°32′25″ N., long. 118°37′26″ W.; telephone: (202) 267–8783. The Order is
‘‘significant regulatory action’’ under to lat. 38°28′43″ N., long. 118°27′48″ W.; to also available for inspection at the
Executive Order 12866; (2) is not a lat. 38°28′49″ N., long. 118°24′19″ W.; to lat. National Archives and Records
‘‘significant rule’’ under DOT 38°32′06″ N., long. 118°18′07″ W. Administration (NARA). For
Regulatory Policies and Procedures (44 Issued in Seattle, Washington, on information on the availability of this
FR 11034; February 26, 1979); and (3) November 15, 2017. material at NARA, call (202) 741–6030,
does not warrant preparation of a Brian J. Johnson, or go to https://www.archives.gov/
regulatory evaluation as the anticipated Acting Manager, Operations Support Group, federal-register/cfr/ibr-locations.html.
impact is so minimal. Since this is a Western Service Center. FAA Order 7400.11, Airspace
routine matter that only affects air traffic [FR Doc. 2017–25420 Filed 11–24–17; 8:45 am] Designations and Reporting Points, is
procedures and air navigation, it is BILLING CODE 4910–13–P published yearly and effective on
certified that this rule, when September 15.
promulgated, does not have a significant FOR FURTHER INFORMATION CONTACT: Tom
economic impact on a substantial DEPARTMENT OF TRANSPORTATION Clark, Federal Aviation Administration,
number of small entities under the Operations Support Group, Western
criteria of the Regulatory Flexibility Act. Federal Aviation Administration Service Center, 1601 Lind Avenue SW.,
Environmental Review Renton, WA 98057; telephone (425)
14 CFR Part 71 203–4511.
The FAA has determined that this SUPPLEMENTARY INFORMATION:
action qualifies for categorical exclusion [Docket No. FAA–2017–0666; Airspace
under the National Environmental Docket No. 17–ANM–15] Authority for This Rulemaking
pmangrum on DSK3GDR082PROD with RULES
Policy Act in accordance with FAA The FAA’s authority to issue rules
Order 1050.1F, ‘‘Environmental Amendment of Class D and Class E regarding aviation safety is found in
Impacts: Policies and Procedures,’’ Airspace; Pueblo, CO Title 49 of the United States Code.
paragraph 5–6.5a. This airspace action AGENCY: Federal Aviation Subtitle I, Section 106 describes the
is not expected to cause any potentially Administration (FAA), DOT. authority of the FAA Administrator.
significant environmental impacts, and Subtitle VII, Aviation Programs,
ACTION: Final rule.
no extraordinary circumstances exist describes in more detail the scope of the
VerDate Sep<11>2014 15:11 Nov 24, 2017 Jkt 244001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\27NOR1.SGM 27NOR1](https://thefederalregister.org/doc/82_FR_56168/page/2.svg)
Document Created: 2017-11-25 01:08:46
Document Modified: 2017-11-25 01:08:46
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule, technical amendment. | |
| Dates | Effective 0901 UTC, November 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 7400.11 and publication of conforming amendments. | |
| Contact | Tom Clark, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4511. | |
| FR Citation | 82 FR 55942 | |
| CFR Associated | Airspace; Incorporation by Reference and Navigation (air) |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR