Amendment of Class D and Class E Airspace Orlando, FL; and Amendment of Class E Airspace; Gainesville, FL

AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This action amends Class E Airspace at Gainesville Regional Airport, Gainesville, FL; and Orlando Executive Airport, Orlando, FL, by eliminating the Notice to Airmen (NOTAM) part time status of the Class E airspace designated as an extension at each airport. This is an administrative change to coincide with the FAA's aeronautical database. This action also updates the geographic coordinates of Orlando Executive Airport in existing Class D and E airspace.

DATES:

Effective 0901 UTC, September 15, 2016. 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 7400.9 and publication of conforming amendments.

ADDRESSES:

FAA Order 7400.9Z, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at http://www.faa.gov/airtraffic/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 FAA Order 7400.9Z at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html .

FAA Order 7400.9, Airspace Designations and Reporting Points, is published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT:

John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305-6364.

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 D and Class E airspace at the Florida airports listed in this final rule.

History

In a review of the airspace, the FAA found the airspace description for Gainesville Regional Airport, Gainesville, FL, and Orlando Executive Airport, Orlando, FL, as published in FAA Order 7400.9Z, Airspace Designations and Reporting Points, does not match the FAA's charting information. This is an administrative change to coincide with the FAA's aeronautical database.

Class D and Class E airspace designations are published in paragraphs 5000, 6002, and 6004, respectively, of FAA Order 7400.9Z dated August 6, 2015, and effective September 15, 2015, which is incorporated by reference in 14 CFR part 71.1. The Class D and 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 7400.9Z, Airspace Designations and Reporting Points, dated August 6, 2015, and effective September 15, 2015. FAA Order 7400.9Z is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.9Z 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 eliminating the NOTAM information that reads “This Class E airspace area is effective during the specific dates and time established in advance by Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory” from the regulatory text of the Class E airspace designated as an extension to Class D, at Gainesville Regional Airport, Gainesville, FL; and Orlando Executive Airport, Orlando, FL.

This is an administrative change amending the description for the above Florida airports, to be in concert with the FAA's aeronautical database, and does not affect the boundaries, or operating requirements of the airspace, therefore, notice and public procedure under 5 U.S.C. 553(b) are unnecessary. The geographic coordinates of Orlando Executive Airport are adjusted under Class D and Class E airspace, to coincide with the FAAs aeronautical database.

Regulatory Notices and Analyses

The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) Is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic 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

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.

2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Z, Airspace Designations and Reporting Points, dated August 6, 2015, effective September 15, 2015, is amended as follows:

Paragraph 5000 Class D Airspace.

ASO FL D Orlando, FL [Amended]

Orlando Executive Airport, FL

(Lat. 28°32′44″ N., long. 81°19′59″ W.)

That airspace extending upward from the surface, to but not including 1,600 feet MSL, within a 4.2-mile radius of Orlando Executive Airport, excluding that portion within the Orlando, FL, Class B airspace area. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory.

Paragraph 6002 Class E Surface Area Airspace.

ASO FL E2 Orlando, FL [Amended]

Orlando Executive Airport, FL

(Lat. 28°32′44″ N., long. 81°19′59″ W.)

Within a 4.2-mile radius of Orlando Executive Airport excluding that portion within the Orlando, FL Class B airspace area.

Paragraph 6004 Class E Airspace Designated as an Extension to a Class D Surface Area.

ASO FL E4 Gainesville, FL [Amended]

Gainesville Regional Airport, FL

(Lat. 29°41′24″ N., long. 82°16′18″ W.)

Gators VORTAC

(Lat. 29°41′32″ N., long. 82°16′23″ W.)

That airspace extending upward from the surface within 2.4 miles each side of the Gators VORTAC 53° radial, extending from the 4.9-mile radius of Gainesville Regional Airport to 7 miles northeast of the VORTAC.

ASO FL E4 Orlando, FL [Amended]

Orlando Executive Airport, FL

(Lat. 28°32′44″ N., long. 81°19′59″ W.)

Orlando VORTAC

(Lat. 28°32′34″ N., long. 81°20′06″ W.)

That airspace extending upward from the surface within 3.6 miles each side of the Orlando VORTAC 254° radial extending from the 4.2-mile radius of Orlando Executive Airport, to 8.1 miles west of the Orlando VORTAC; excluding that portion within the Orlando, FL, Class B airspace area.