SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it amends the Class E airspace at the affected airport to support IFR operations.

History

The FAA published an NPRM for Docket No. FAA-2026-7756 in the Federal Register (91 FR 42682; July 10, 2026) proposing to amend the Class E airspace at Alma, MI, and published an NPRM Correction (91 FR 46759; July 24, 2026) to correct the title of the NPRM. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. Two (2) comments were received.

The first comment received supported the FAA's correction of the NPRM. The FAA acknowledges the comment and appreciates the support.

The second comment received stated that due to the error in the title of the initial NPRM published on July 10, 2026, that the FAA did not provide the required 45-days for the public to comment in accordance with the Administrative Procedure Act (APA). However, with the publication of the NPRM correction, the comment period was restarted and extended for the 45-day period following the July 24, 2026, publication of the NPRM correction. As a result, the NPRM comment period was a total of 59 days. The commenter stated, however, that the correction may have failed to trigger certain notification algorithms, depriving certain commenters of the full comment period. However, the APA provides no distinct requirement to extend comment periods ( printed page 59055) through re-issued NPRMs to ensure triggering notification algorithms. Moreover, the submission of the detailed comment itself demonstrates that the commenter received actual notice, algorithms notwithstanding. Therefore, the FAA declines to adopt the commenter's suggestion or otherwise extend the comment period further. The commenter did not provide any substantive feedback related to the proposal.

Incorporation by Reference

Class E airspace designations are published in paragraph 6005 of FAA Order JO 7400.11, Airspace Designations and Reporting Points, which is incorporated by reference in 14 CFR 71.1 on an annual basis. This document amends the current version of that order, FAA Order JO 7400.11M, dated July 30, 2026, and effective September 15, 2026. These amendments will be published in the next update to FAA Order JO 7400.11. FAA Order JO 7400.11M, which lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points, is publicly available as listed in the ADDRESSES section of this document.

The Rule

This action amends 14 CFR part 71 by modifying the Class E airspace extending upward from 700 ft. above the surface at Alma, Michigan due to an airspace review conducted as part of the decommissioning of the Mount Pleasant VOR as part of the VOR MON Program.

For the Gratiot Community Airport, Alma, MI, Class E airspace extending upward from 700 ft. above the surface, this action: (1) increases the radius from 6.5 to 7.4 miles; (2) amends the extension west of the airport to within 2 miles each side of the 270° bearing from the airport extending from the 7.4-mile (previously 6.5-mile) radius to 10.7 (increased from 10.1) miles west of the airport; (3) removes the Mount Pleasant VOR/DME and associated extension from the airspace legal description; and (4) removes the city associated with the airport from the header of the airspace legal description to comply with changes to FAA Order JO 7400.2R, Procedures for Handling Airspace Matters.

Regulatory Notices and Analyses

The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Order 2100.6B, “Policies and Procedures for Rulemakings” (March 10, 2025); and (3) is expected to result in, at most, de minimis costs from compliance with applicable operating requirements or minor flight rerouting for operators choosing to navigate around the controlled airspace. Since these amendments are routine and the expected impact to operators is de minimis, the FAA certifies 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 1050.1G, “FAA National Environmental Policy Act Implementing Procedures,” Paragraph B-2.5(a). This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment.

The Amendment

In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows:

91 FR 59054