Modification of Class E Airspace; Bishop Airport, Bishop, CA

AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Notice of proposed rulemaking (NPRM).

SUMMARY:

This action proposes to modify the Class E airspace designated as a surface area, modify the airspace designated as an extension to a Class E surface area, modify the Class E airspace extending upward from 700 feet above the surface, and remove the Class E airspace extending upward from 1,200 feet above the surface at Bishop Airport, Bishop, CA. These actions would support the safety and management of instrument flight rules (IFR) operations at the airport.

DATES:

Comments must be received on or before June 13, 2024.

ADDRESSES:

Send comments identified by FAA Docket No. FAA-2023-2422 and Airspace Docket No. 23-AWP-48 using any of the following methods:

* Federal eRulemaking Portal: Go to www.regulations.gov and follow the online instructions for sending your comments electronically.

* Mail: Send comments to Docket Operations, M-30; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West Building Ground Floor, Washington, DC 20590-0001.

* Hand Delivery or Courier: Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

* Fax: Fax comments to Docket Operations at (202) 493-2251.

Docket: Background documents or comments received may be read at www.regulations.gov at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FAA Order JO 7400.11H, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and Regulations Group, Office of Policy, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-8783.

FOR FURTHER INFORMATION CONTACT:

Keith Adams, Federal Aviation Administration, Western Service Center, Operations Support Group, 2200 S 216th Street, Des Moines, WA 98198; telephone (206) 231-2428.

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 the 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 would modify Class E airspace to support IFR operations at Bishop Airport, Bishop, CA.

Comments Invited

The FAA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should submit only one time if comments are filed electronically, or commenters should send only one copy of written comments if comments are filed in writing.

The FAA will file in the docket all comments it receives, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. Before acting on this proposal, the FAA will consider all comments it receives on or before the closing date for comments. The FAA will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. The FAA may change this proposal in light of the comments it receives.

Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.

Availability of Rulemaking Documents

An electronic copy of this document may be downloaded through the internet at www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA's web page at www.faa.gov/air_traffic/publications/airspace_amendments/.

You may review the public docket containing the proposal, any comments received and any final disposition in person in the Dockets Operations office (see ADDRESSES section for address, phone number, and hours of operations). An informal docket may also be examined during normal business hours at the Northwest Mountain Regional Office of the Federal Aviation Administration, Air Traffic Organization, Western Service Center, Operations Support Group, 2200 S 216th Street, Des Moines, WA 98198.

Incorporation by Reference

Class E2, E4, and E5 airspace designations are published in paragraph 6002, 6004, and 6005 respectively, 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 proposes to amend the current version of that order, FAA Order JO 7400.11H, dated August 11, 2023, and effective September 15, 2023. These updates would be published in the next update to FAA Order JO 7400.11. That order is publicly available as listed in the ADDRESSES section of this document.

FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

Background

The FAA has developed three new special procedures for Bishop Airport: Area Navigation (RNAV) (Global Positioning System [GPS]) M Runway (RWY) 12 approach, RNAV (GPS) RWY 30 approach, and MOTSE ONE DEPARTURE (RNAV).

The Proposal

The FAA is proposing an amendment to 14 CFR part 71 that would modify the Class E airspace designated as a surface area, modify the airspace designated as an extension to a Class E surface area, modify the Class E airspace extending upward from 700 feet above the surface, and remove Class E airspace extending upward from 1,200 feet above the surface at Bishop Airport, Bishop, CA.

The Class E airspace designated as a surface area should be expanded to include that airspace within 1.8 miles northeast and 1 mile southwest of the 147° bearing from the airport, extending from the 5-mile radius to 6.9 miles southeast of the airport, and that airspace within 3.8 miles either side of the 317° bearing extending to the 7.1-mile radius of the airport. This would more appropriately contain arriving IFR operations between the surface and 1,000 feet above the surface while executing the RNAV (GPS) M RWY 12 and the RNAV (GPS) M RWY 30 approaches. It would also better contain departing IFR operations until reaching the base of adjacent controlled airspace while executing the MOTSE ONE DEPARTURE (RNAV).

The Class E airspace designated as an extension to a Class E surface area is oversized and should be reduced to be within 1.2 miles east and 1.1 miles west of the airport's 337° bearing extending from the 7.1-mile radius of the airport to 9.6 miles northwest of the airport. This would more appropriately contain arriving IFR operations below 1,000 feet above the surface while executing the Localizer Directional Aid (LDA) RWY 17 approach.

The Class E airspace extending upward from 700 feet above the surface should be reduced to include that airspace within 3.4 miles northeast and 4 miles southwest of the airport's 157° bearing extending 7.6 miles southeast of the airport, and 4 miles southwest and 3.4 miles northeast of the airport's 337° bearing extending 15.2 miles northwest of the airport. This would better contain arriving IFR operations below 1,500 feet above the surface while executing the RNAV (GPS) M RWY 12 and RNAV (GPS) M RWY 30 approaches. The modification would also more appropriately contain departing IFR operations below 1,200 feet above the surface when executing the MOTSE ONE DEPARTURE (RNAV).

The Class E airspace extending upward from 1,200 feet above the surface should be removed, as the area is already within the Coaldale and Los Angeles Class E enroute domestic airspace areas.

Regulatory Notices and Analyses

The FAA has determined that this proposed 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 will only affect air traffic procedures and air navigation, it is certified that this proposed rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures,” prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

• Airspace
• Incorporation by reference
• Navigation (air)

The Proposed Amendment

In consideration of the foregoing, the Federal Aviation Administration proposes to amend 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 14 CFR 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 JO 7400.11H, Airspace Designations and Reporting Points, dated August 11, 2023, and effective September 15, 2023, is amended as follows:

Paragraph 6002 Class E Airspace Areas Designated as Surface Areas.

AWP CA E2 Bishop, CA [Amended]

Bishop Airport, CA

(Lat. 37°22′23″ N, long. 118°21′49″ W)

That airspace extending upwards from the surface within a 5-mile radius of the airport, within 1.8 miles northeast and 1 mile southwest of the airport's 147° bearing extending to 6.9 miles southeast, and within 3.8 miles either side of the airport's 317° bearing extending to the 7.1-mile radius of the airport.

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

AWP CA E4 Bishop, CA [Amended]

Bishop Airport, CA

(Lat. 37°22′23″ N, long. 118°21′49″ W)

That airspace extending upward from the surface within 1.2 miles east and 1.1 miles west of the airport's 337° bearing extending from the 7.1-mile radius of the airport to 9.6 miles northwest of the airport.

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

AWP CA E5 Bishop, CA [Amended]

Bishop Airport, CA

(Lat. 37°22′23″ N, long. 118°21′49″ W)

That airspace extending upward from 700 feet above the surface within 3.4 miles northeast and 4 miles southwest of the airport's 157° bearing extending 7.6 miles southeast of the airport, and within 3.4 miles northeast and 4 miles southwest of the airport's 337° bearing extending 15.2 miles northwest of the airport.