90 FR 84 pgs. 18776-18777 - Amendment of Class E Airspace; Lebanon, NH
Type: RULEVolume: 90Number: 84Pages: 18776 - 18777
Pages: 18776, 18777Docket number: [Docket No. FAA-2025-0825; Airspace Docket No. 25-ANE-4]
FR document: [FR Doc. 2025-07644 Filed 5-1-25; 8:45 am]
Agency: Transportation Department
Sub Agency: Federal Aviation Administration
Official PDF Version: PDF Version
[top]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2025-0825; Airspace Docket No. 25-ANE-4]
RIN 2120-AA66
Amendment of Class E Airspace; Lebanon, NH
AGENCY:
Federal Aviation Administration (FAA), DOT.
ACTION:
Direct final rule.
SUMMARY:
This action changes the referenced BURGR Outer Marker (OM) in the airspace legal description to Point in Space Coordinates due to the decommissioning of the BURGR OM. This action does not change the airspace boundaries or operating requirements.
DATES:
Effective date 0901 UTC, August 7, 2025. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11 and publication of conforming amendments.
ADDRESSES:
A copy of this final rule and all background material may be viewed online at www.regulations.gov using the FAA Docket number. Electronic retrieval help and guidelines are available on the website. It is available 24 hours each day, 365 days each year.
FAA Order JO 7400.11J, 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, Policy Directorate, Federal Aviation Administration, 600 Independence Avenue SW, Washington, DC 20597; Telephone: (202) 267-8783.
FOR FURTHER INFORMATION CONTACT:
Marc Ellerbee, Operations Support Group, Eastern Service Center, Federal Aviation Administration, 1701 Columbia Avenue, College Park, GA 30337; Telephone: (404) 305-5589.
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 amends Class E airspace extending upward from the surface at Lebanon Municipal Airport, Lebanon, NH.
Incorporation by Reference
Class E airspace is published in paragraph 6004 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 7400.11J, dated July 31, 2024, and effective September 15, 2024. These amendments will be published in the next update to FAA Order JO 7400.11. FAA Order JO 7400.11J is publicly available as listed in the ADDRESSES section of this document.
FAA Order JO 7400.11J lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.
The Rule
The determination was made to decommission the BURGR OM serving the Lebanon Municipal Airport, Lebanon, NH. The BURGR OM is used as a reference point for describing the Lebanon Class E4 airspace, and part of the decommissioning process requires the amendment of associated FAA orders to reflect the change. The reference to the BURGR OM in the Class E4 airspace description was identified for amendment to point in space coordinates in order to maintain the same airspace dimensions and proceed with the decommissioning process.
[top] Accordingly, this action amends 14 CFR part 71 by removing the reference to BURGR OM in the airspace legal description for the Lebanon, NH Class E4 airspace and replacing it with Point in Space Coordinates (lat. 43°43'57? N, long. 72°20'00? W). This change is necessary due to the decommissioning of the BURGR OM.
Good Cause for Bypassing Notice and Comment
The Administrative Procedure Act (APA) authorizes agencies to dispense with ordinary notice and comment requirements for rules when the agency for "good cause" finds that those procedures are "impracticable, unnecessary, or contrary to the public interest." 5 U.S.C. 553(b)(B). Under this section, an agency, upon finding good cause, may issue a final rule without first publishing a proposed rule. This rule constitutes an administrative change that constitutes "a routine determination, insignificant in nature and impact, and inconsequential to the industry and to the public." Mack Trucks, Inc. v. EPA, 682 F.3d 87, 94 (D.C. Cir. 2012) (quoting Util. Solid Waste Activities Grp. v. EPA, 236 F.3d 749, 755 (D.C. Cir. 2001)); see also Attorney General's Manual on the Administrative Procedure Act (1947), at 31; U.S. Department of Transportation (DOT) Order 2100.6B, paragraph 11.j(1)(b) (saying proposed rules are not required for "[r]ules for which notice and comment is unnecessary to inform the rulemaking, such as rules correcting de minimis technical or clerical errors or rules addressing other minor and insubstantial matters, provided the reasons to forgo public comment are explained in the preamble to the final rule".). This amendment will not impose any additional substantive restrictions or requirements on the persons affected by these regulations as it does not affect the airspace boundaries or operating requirements. Accordingly, the FAA finds that notice and public comment under 5 U.S.C. 553(b) is unnecessary.
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 the preparation of an environmental assessment.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
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 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.
§?71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order JO 7400.11J, Airspace Designations and Reporting Points, dated July 31, 2024, and effective September 15, 2024, is amended as follows:
Paragraph 6004 Class E Airspace Areas Designated as an Extension to a Class D or Class E Surface Area
ANE NH E4 Lebanon, NH [Amended]
Lebanon Municipal Airport, NH
(Lat. 43°37'35? N, long. 72°18'15? W)
Lebanon Municipal Airport, Point in Space Coordinates
(Lat. 43°43'57? N, long. 72°20'00? W)
Hanover NDB
(Lat. 43°42'08? N, long. 72°10'39? W)
That airspace extending upward from the surface within 3.3 miles each side of the point in space Lat. 43°43'57? N, long. 72°20'00? W. 352° bearing extending from a 4.8-mile radius of Lebanon Municipal Airport to 8 miles north of the point in space Lat. 43°43'57? N, long. 72°20'00? W, and within 2.4 miles each side of the Hanover NDB 051° bearing extending from the 4.8-mile radius to 7 miles northeast of the Hanover NDB. This Class E 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.
Issued in College Park, Georgia, on April 29, 2025.
Patrick Young,
Manager, Airspace & Procedures Team North, Eastern Service Center, Air Traffic Organization.
[FR Doc. 2025-07644 Filed 5-1-25; 8:45 am]
BILLING CODE 4910-13-P