57376 Federal Register / Vol. 75, No. 182 / Tuesday, September 21, 2010 / Rules and Regulations

SIAP at the . This action is Points, dated August 18, 2010, and delays and improve safety and necessary for the safety and effective September 15, 2010 is efficiency of the National Airspace management of IFR operations. amended as follows: System (NAS). The FAA has determined this Paragraph 6005 Class E airspace areas DATES: Effective Date: 0901 UTC, regulation only involves an established extending upward from 700 feet or more October 21, 2010. The Director of the body of technical regulations for which above the surface of the earth. Federal Register approves this frequent and routine amendments are * * * * * incorporation by reference action under necessary to keep them operationally 1 CFR part 51, subject to the annual ANM WA, E5 Toledo, WA [New] current. Therefore, this regulation: (1) Is revision of FAA Order 7400.9 and not a ‘‘significant regulatory action’’ Ed Carlson Memorial Field-South Lewis publication of conforming amendments. under Executive Order 12866; (2) is not County Airport, WA a ‘‘significant rule’’ under DOT (Lat. 46°28′38″ N., long. 122°48′23″ W.) FOR FURTHER INFORMATION CONTACT: Regulatory Policies and Procedures (44 That airspace extending upward from 700 Colby Abbott, Airspace and Rules FR 11034; February 26, 1979); and (3) feet above the surface within a 6.9-mile Group, Office of System Operations does not warrant preparation of a radius of the Ed Carlson Memorial Field- Airspace and AIM, Federal Aviation regulatory evaluation as the anticipated South Lewis County Airport, and within 1 Administration, 800 Independence mile each side of the 074° bearing from the impact is so minimal. Since this is a Avenue, SW., Washington, DC 20591; Airport, extending from the 6.9-mile radius telephone: (202) 267–8783. routine matter that will only affect air to 7.9 miles northeast of the airport. traffic procedures and air navigation, it SUPPLEMENTARY INFORMATION: is certified this rule, when promulgated, Issued in Seattle, Washington, on August 30, 2010. Background will not have a significant economic impact on a substantial number of small John Warner, On May 14, 2010, the FAA published entities under the criteria of the Manager, Operations Support Group, Western in the Federal Register a notice of Regulatory Flexibility Act. The FAA’s Service Center. proposed rulemaking (NPRM) to modify authority to issue rules regarding [FR Doc. 2010–23392 Filed 9–20–10; 8:45 am] the , IL, Class B airspace area aviation safety is found in Title 49 of the BILLING CODE 4910–13–P (75 FR 27229). The FAA proposed this U.S. Code. Subtitle 1, section 106 action to ensure containment of turbo- discusses the authority of the FAA jet IFR aircraft conducting instrument Administrator. Subtitle VII, Aviation DEPARTMENT OF TRANSPORTATION approaches to ORD within the confines Programs, describes in more detail the Federal Aviation Administration of Class B airspace and better segregate scope of the agency’s authority. This IFR aircraft arriving/departing ORD and rulemaking is promulgated under the 14 CFR Part 71 non-participating VFR aircraft operating authority described in subtitle VII, part in the vicinity of the Chicago Class B A, subpart I, section 40103. Under that [Docket No. FAA–2010–0347; Airspace airspace area. section, the FAA is charged with Docket No. 07–AWA–2] Interested parties were invited to prescribing regulations to assign the use RIN 2120–AA66 participate in this rulemaking effort by of airspace necessary to ensure the submitting written comments on the safety of aircraft and the efficient use of Modification of Class B Airspace; proposal. In response to the NPRM, the airspace. This regulation is within the Chicago, IL FAA received 82 written comment scope of that authority as it establishes submissions; of which, 7 were duplicate AGENCY: Federal Aviation additional controlled airspace at Ed Administration (FAA), DOT. documents submitted by 4 commenters. Carlson Memorial Field-South Lewis Many of the commenters identified ACTION: County Airport, Toledo, WA. Final rule. themselves as pilots who operate List of Subjects in 14 CFR Part 71 SUMMARY: This action modifies the within, or through, the local area. All Chicago, IL, Class B airspace area by comments received were considered Airspace, Incorporation by reference, expanding the existing airspace area to before making a determination on the Navigation (air). ensure containment of Instrument Flight final rule. An analysis of the comments Adoption of the Amendment Rules (IFR) aircraft conducting received and the FAA’s responses are instrument approach procedures within contained in the ‘‘Discussion of ■ In consideration of the foregoing, the Class B airspace, and segregating IFR Comments’’ section below. Federal Aviation Administration aircraft arriving/departing Chicago Subsequent to the NPRM publication, amends 14 CFR part 71 as follows: O’Hare International Airport (ORD) and the geographic coordinates in the aeronautical database for the ORD PART 71—DESIGNATION OF CLASS A, Visual Flight Rules (VFR) aircraft airport reference point (ARP), the B, C, D AND E AIRSPACE AREAS; AIR operating in the vicinity of the Chicago Chicago Midway International Airport TRAFFIC SERVICE ROUTES; AND Class B airspace area. The additional ARP, and the intersection of U.S. REPORTING POINTS Class B airspace will support simultaneous instrument approach Highway 294 and the railroad tracks ■ 1. The authority citation for 14 CFR procedure operations to ORD’s triple identified in Area B changed. The Part 71 continues to read as follows: parallel runways today, as well as the correct coordinates for the above have Authority: 49 U.S.C. 106(g), 40103, 40113, three additional parallel runways (six been incorporated into the Chicago 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– total) planned for the near future. This Class B airspace area legal description 1963 Comp., p. 389. action enhances safety, improves the contained in this final rule. flow of air traffic, and reduces the Class B airspace designations are § 71.1 [Amended] potential for midair collision in the published in paragraph 3000 of FAA ■ 2. The incorporation by reference in Chicago terminal area, further Order 7400.9U, dated August 18, 2010, 14 CFR 71.1 of the Federal Aviation supporting the FAA’s national airspace and effective September 15, 2010, which Administration Order 7400.9U, redesign goal of optimizing terminal and is incorporated by reference in 14 CFR Airspace Designations and Reporting en route airspace areas to reduce aircraft 71.1. The Class B airspace designations

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listed in this document will be and in the vicinity of ORD for all users length of finals will extend to 25–30 NM subsequently published in the Order. of the airspace. routinely, as is the case today during Sixty-six commenters, including the west flow operations. Discussion of Comments Aircraft Owners and Pilot Association The described scenario addresses Six commenters expressed general and multiple Soaring Clubs in the area, triple simultaneous Instrument Landing opposition to the proposal stating they requested that the floor of Area F be System approaches. When 10R thought it was unnecessary. raised to 5,000 feet mean sea level opens and becomes operational, the The FAA does not agree. As stated in (MSL). situation will become compounded as the NPRM, the current Chicago Class B The FAA has determined it is not the Chicago TRACON begins conducting airspace area was established in 1993. possible to raise the floor of Area F from ‘‘quad’’ operations. The procedures for Since then, ORD has experienced a 4,000 feet MSL to 5,000 feet MSL. controlling quad approaches are in the significant increase in the number of Aircraft conducting triple simultaneous early planning stages. aircraft operations and a substantial approaches at ORD cannot be assigned Sixty commenters stated that a floor change in the fleet mix, with no change the same altitude during turn-on to the of 4,000 feet MSL for Area F would to the airspace configuration. The City final approach course; they must be adversely affect safety. The safety of Chicago has completed airport assigned an altitude that differs by at factors cited included ill effects due to infrastructure projects in recent years least 1,000 feet from the altitude of the compression, decreased possibility of that enable simultaneous instrument other two aircraft conducting safe landing during in-flight approaches to three parallel runways simultaneous approaches. emergencies, inability to avoid the Class that run west to east. Ongoing planned Specifically, when conducting triple B airspace, and inability for gliders to runway construction projects for the simultaneous instrument approaches maintain sufficient altitude during near future include building three during an east flow, aircraft will be departure and arrival. additional parallel runways running turned onto and established on final The FAA acknowledges that some west to east; transforming the approach courses at 4,000 feet MSL for compression will occur. Non- operational flow of ORD to a West/East runway 9L (the northern most runway), participating VFR general aviation and flow with six parallel runways when 7,000 feet MSL or above for runway 9R glider aircraft will have their choice of completed. (the center runway), and 5,000 feet MSL flying either above or below the Class B FAA guidance requires air traffic and 6,000 feet MSL for runway 10 (the airspace, or circumnavigating it five to controllers to vector IFR arrival aircraft southernmost runway currently). When ten NM further west to remain clear to remain within Class B airspace once runway 10C becomes operational, it will should they decide not to contact they’ve entered it. Today, turbo-jet be used as the southernmost arrival Chicago TRACON (C90) to receive Class aircraft flying simultaneous triple runway and mark the time when ORD B services. However, this is necessary to instrument approach procedures to ORD will transition to become primarily a contain arriving IFR turbo-jet aircraft exceed the Class B airspace area west flow or east flow operation. flying instrument approaches to ORD boundaries; routinely entering, exiting, Traffic must be established on the within Class B airspace once they’ve and re-entering the Class B airspace respective localizers in a manner which entered it, and will enhance flight safety during their arrival. The procedural allows for standard IFR (1,000 feet to all by segregating the large turbo-jet requirements associated with vertical) separation to be maintained aircraft and the non-participating VFR establishing arrival aircraft on until the aircraft is switched to the aircraft operating in the vicinity of the simultaneous instrument approaches to parallel monitor frequency. In reality, Chicago Class B airspace area. three parallel runways result in aircraft this means that the minimum point that The FAA notes that the proposal will exceeding the Class B airspace lateral the 4,000 feet MSL traffic (north affect glider operations. While the Area boundaries by up to ten nautical miles runway) needs to be established is 3 NM F Class B airspace extension proposed (NM) during moderate traffic levels. As from the point that the adjoining final’s to the west of ORD brings Class B the additional runways planned for aircraft descend below 5,000 feet MSL. airspace closer to the airfields where construction at ORD become operational The traffic that turns on at 5,000 feet gliders operate, the original airspace and expected airport capacity increases, MSL or 6,000 feet MSL (south runway) extension to the west was reduced in the number of aircraft exiting the Class needs to be established 3 NM from the size as much as possible in response to B airspace during arrivals is also point that the adjoining final’s aircraft concerns expressed by the glider expected to increase; resulting in IFR descend below 7,000 feet MSL. These community during the ad hoc turbo-jet air carrier arrivals flying in the minimum ‘‘turn on points’’ are located committee meetings and included in very airspace that non-participating VFR about 20 NM west of ORD for east flow their final report. Subsequently, Area F general aviation and glider aircraft are operations. The base legs for aircraft was designed to ensure it does not also operating. flying to the north and south runways encompass or overlay the airfields Due to the existing and forecasted will need to be an additional few miles where the Sky Soaring Glider Club traffic volume, fleet mix, and west of those points to meet their ‘‘turn (Hampshire, IL) and the Windy City operational complexity for controlling on’’ requirements. Additionally, for both Soaring Association (Hinkley, IL) arrivals and departures at ORD and the north and south runways, air traffic operations are located; as well as the immediate vicinity, the FAA has controllers will be sequencing aircraft Chicago Glider Club (Minooka, IL) determined changing air traffic from two or more arrival streams, which lies well south of any proposed procedures alone will not retain IFR necessitating the use of multiple Chicago Class B airspace area turbo-jet arrivals to ORD within the altitudes in the arrival descent areas, modifications. existing outdated Chicago Class B until lateral separation is established. Based on the dimensions of Area F airspace configuration. The proposed Under some projected traffic scenarios, having been reduced at the airspace modification is the minimum multiple altitude downwind patterns recommendation and request of the needed to reasonably accommodate will be utilized, with traffic ‘‘layered’’ by glider community, the FAA feels the current and future aircraft operations at altitude and worked by separate success for a safe landing would be no ORD and necessary to ensure flight controllers. During periods of heavy different than it would be in other areas safety and efficiency of operations at arrival demand, it is expected that the of the present day Class B airspace

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where the floor is 4,000 feet MSL or determined that the proposed Area F daily, on average, and force departures less. airspace extension to the west of ORD to be restricted below the corridor The FAA does not agree that non- is necessary. The extension will contain altitude until clear of the corridor. participating pilots will have difficulty IFR arrival aircraft flying triple Additionally, IFR aircraft arriving and avoiding the Area F Class B airspace simultaneous instrument approaches to departing ORD, as well as departing extension. The legal description of the ORD within Class B airspace throughout Chicago Midway, Aurora, DuPage, and airspace area includes a mixture of their approach, segregate IFR aircraft Milwaukee Mitchell , commonly prominent visual landmark references, arriving to and departing from ORD and occupy this airspace area. geographic coordinates, and arcs non-participating VFR aircraft in the The FAA also does not agree that the defined off distance measuring vicinity of ORD from one another, and VFR flyway along the Fox River would equipment (DME) navigation aids. The ensure a safer flying environment for all be affected by the proposed FAA believes this mix of descriptors airspace users in the busy terminal modification. VFR flyways are not should be sufficient and effective in airspace around ORD. addressed in regulatory airspace assisting pilots to identify the lateral The Area F Class B airspace extension proposals or determinations, but in limits of Area F. was limited to include only the volume accordance with FAA Order 7210.3, Lastly, the FAA acknowledges the of airspace necessary to support triple Facility Administration and Procedures, concerns of the glider community simultaneous instrument approaches. processing requirements. However, the during departure and arrival phases of Although Area F brings Class B airspace FAA notes that the floor of the existing flight should they continue to fly in the closer to the airfields where gliders Class B airspace area over the Fox River Class E airspace under the Area F Class operate, the original airspace extension is 4,000 feet MSL and remains the same B airspace extension and resist seeking to the west was reduced in size as much in the proposed modification. The alternative airspace that may allow them as possible in response to concerns existing suggested altitude for the VFR to climb to higher altitudes on departure expressed by the glider community flyway along the Fox River is charted at and during sustained flights. Great effort during the ad hoc committee meeting or below 3,500 feet MSL. The VFR was taken to ensure the Class B airspace process. Additionally, as noted above, flyway along the Fox River is unaffected extension was minimized to the Area F was designed to ensure it does by existing Class B airspace and will absolute essential dimensions and to not encompass or overlay the airfields remain unaffected by the Chicago Class ensure it does not encompass or overlay where the Sky Soaring Glider Club and B airspace area modification. airfields that gliders routinely operate the Windy City Soaring Association Currently, there are three VFR from to minimize impacts to their flight operations are located; the Chicago flyways, that run north and south, west operations. Glider Club lies well south of any of ORD and one flyway that runs north The four factors cited above, however, proposed Class B airspace and south, east of ORD. The flyways to do not negate the need for the project. modifications. the west utilize a river, roads, and At the present time, large turbo-jet air The FAA maintains it is necessary to railroad tracks, whereas the flyway to carriers, general aviation, and glider separate the large turbo-jet aircraft the east utilizes the Lake Michigan aircraft are flying simultaneously in the arriving and departing ORD and the shoreline. The FAA believes the existing airspace proposed to become Area F due non-participating VFR aircraft to ensure three VFR flyways are sufficient to to the outdated design of the Chicago flight safety for all flying within, support non-participating aircraft flying Class B airspace area. Moving forward through, or near the Chicago Class B in the vicinity of ORD. with the Class B airspace modification airspace area. Two commenters requested that the will enhance flight safety for all One commenter suggested VFR floor of the Class B airspace over Lake operators flying within, through, or near corridors be established northwest/ Michigan be raised from 3,000 feet MSL the Chicago Class B airspace area. southeast and northeast/southwest (Area C) and 3,600 feet MSL (Area D) to Twenty-two commenters stated that directly over ORD at 1,500 feet MSL to 4,000 feet MSL or 4,500 feet MSL, citing proposed Area F with a floor of 4,000 2,000 feet MSL. Another commenter safety as the reason. One of the feet MSL would have negative effects to offered that the proposal would commenters stated that raising the floor general aviation aircraft such as delays, adversely affect the VFR flyway along would increase options for pilots. or would have negative effects overall the Fox River and a third commenter The FAA has determined it is not on glider operations. The negative stated additional VFR flyways should be possible to raise the floor altitude for effects included difficulty of training established to the east, the west, and Areas C and D, as requested. No new glider pilots and diminished directly over the airspace, and that they modifications were proposed for these livelihood for instructors and tow pilots. should be northbound or southbound areas as the existing airspace structure The FAA notes that similar concerns only. was deemed sufficient to continue of adverse impact were raised by The FAA does not agree. Establishing supporting and protecting IFR aircraft commenters responding to the informal VFR corridors at 1,500 feet MSL to 2,000 flying triple simultaneous instrument airspace meetings and offers the feet MSL directly over ORD through the approaches during west flow operations following, also addressed in the NPRM. Class B airspace surface area are not and non-participating VFR aircraft The proposed Area F Class B airspace feasible. VFR corridors provide general flying along the Lake Michigan extension extending west of ORD aviation flight paths for pilots planning shoreline. Although the commenters incorporates a portion of Class E flights into, out of, or through complex cited safety reasons as the basis for their airspace that currently lies to the west terminal airspace so as to avoid Class B suggestion, there are no known safety of the boundary of the existing Area F, airspace. ORD fans departures off the issues for that airspace today. The FAA which currently has a 4,000 feet MSL airport covering as much as 270 degrees recognizes that raising the Area C and floor, of the Chicago Class B airspace around the compass using a D Class B airspace floors would increase area. It is understandable that users of combination of parallel and diagonal options (additional transit altitudes and that Class E airspace view the runways. Depending upon the runway airspace over Lake Michigan) for non- establishment of Class B airspace there configuration in use, establishing low participating VFR pilots operating east as an encroachment; however, in the altitude corridors as suggested would of ORD; however, the Class B airspace interest of flight safety, the FAA has conflict with the over 1,300 departures in Areas C and D protects the

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instrument approaches flown to Thirty of those commenters thought that consumption for general aviation runways 22L and 27R, specifically. doing so would increase safety with aircraft. Two commenters stated that the regard to gliders avoiding the Class B The FAA does not agree that the Class airspace contained in Area F below airspace area. B airspace area modification will 5,000 feet MSL is unusable for The FAA does not agree. As stated in increase fuel consumption for air instrument approaches. One of those the NPRM, the FAA finds this transport aircraft. The FAA is taking commenters also stated that the FAA suggestion impractical. The resultant action to modify the existing Class B has indicated that the altitudes below dimension of the Area F extension airspace to contain IFR arrival aircraft 6,000 feet MSL are unusable in Area F would be insufficient laterally between flying instrument approach procedures on the west side of the Class B airspace the runway 9L centerline extended and within Class B airspace based on due to traffic from satellite airports. the northern boundary of the area to operational procedures today. This The FAA does not agree. These safely ensure separation between action aims to overcome IFR arrival statements are incorrect. In fact, IFR aircraft flying in the runways 9L, 9R, aircraft entering, exiting, and reentering aircraft flying instrument approach and 10 downwind traffic patterns and the Chicago Class B airspace area during procedures to ORD today operate below aircraft flying along the Area F arrival. This modification represents the 6,000 feet MSL in the airspace proposed boundary and final approach courses. minimum airspace needed to reasonably to be Area F. As mentioned previously Additionally, issues associated with accommodate current operations and in response to the public’s comments to establishing Area F with an insufficient flight tracks at ORD. Since air traffic raise the floor of Area F to 5,000 feet amount of airspace dimensionally will control will continue using existing MSL, when conducting triple only be compounded when the three approach procedures, altitudes, and simultaneous instrument approaches additional parallel runways that are flight tracks for the same fleet mix it is during an east flow, aircraft will be planned become operational. serving today, fuel consumption for air turned onto and established on final The FAA also notes that a second set transport aircraft being controlled today approach courses at 4,000 feet MSL for of railroad tracks parallel to the railroad is expected to remain the same in the runway 9L (the northern most runway), tracks near the town of Hampshire, IL, future. Finally, as the existing flight 7,000 feet MSL or above for runway 9R run approximately three NM to the tracks, altitude use, and approach (the center runway), and 5,000 feet MSL south. Although commenters believed procedures will not change as a result and 6,000 feet MSL for runway 10 (the that using the visually identifiable of modification to the Class B, this southernmost runway currently). When railroad tracks near Hampshire, IL, modification is not expected to have any runway 10C becomes operational, it will would increase safety with regard to fuel consumption impact on air be used as the southernmost arrival gliders avoiding the Chicago Class B transport aircraft. runway and mark the time when ORD airspace area, the opportunity for a pilot The FAA recognizes that the Class B will transition to become primarily a to misidentify the correct set of railroad airspace modification could increase west flow or east flow operation. tracks defining the boundary challenges fuel burn for non-participating VFR Traffic must be established on the that perspective. A pilot unfamiliar with aircraft. Areas E and F are the new Class respective localizers in a manner that the local area, encountering weather, or B airspace areas that could affect non- allows for standard IFR (1,000 feet confused in flight for any number of participating VFR aircraft. In order to vertical) separation to be maintained reasons could misidentify the railroad remain clear of the Chicago Class B until the aircraft is switched to the tracks near Hampshire, IL, with those airspace area, non-participating VFR parallel monitor frequency. This means railroad tracks running parallel pilots who decide not to contact the that the minimum point that the 4,000 approximately three NM south near Chicago TRACON for Class B services feet MSL traffic (north runway) needs to Burlington, IL, and unintentionally will either have to fly lower or further be established is 3 NM from the point intrude into the Chicago Class B east or west of ORD. However, this is that the adjoining final’s aircraft airspace area. necessary to separate them and the large descend below 5,000 feet MSL. The Two commenters stated that Area F turbo-jet aircraft being contained within traffic that turns on at 5,000 feet MSL or was not necessary because departure the Class B airspace area. While some 6,000 feet MSL (south runway) needs to aircraft from ORD did not conflict with aircraft would need to fly additional be established 3 NM from the point that instrument approach traffic in that area. distances or at different altitudes, the the adjoining final’s aircraft descend The FAA agrees that aircraft departing FAA believes any increase use of fuel below 7,000 feet MSL. These minimum ORD do not conflict with aircraft flying would be minimal and be justified by ‘‘turn on points’’ are located about 20 instrument approaches in that area. the increase in overall safety. NM west of ORD for east flow However, the FAA does not agree that One commenter stated that the floor operations. Additionally, for both north Area F is not necessary. Area F is of Area D over Joliet was too low, the and south runways, air traffic intended to contain IFR turbo-jet aircraft airspace proposal would adversely controllers will be sequencing aircraft flying instrument approach procedures affect Chicago Midway Airport (MDW) from two or more arrival streams, to runways 9L, 9R, and 10 within Class traffic, and that aircraft on approach to necessitating the use of multiple B airspace. It also will segregate IFR MDW should be at a higher altitude. altitudes in the arrival descent areas, turbo-jet aircraft from non-participating The FAA does not agree. The Joliet until lateral separation is established. GA and glider aircraft from operating Regional Airport lies outside the Under some projected traffic scenarios, within the same volume of airspace. Chicago Mode C veil (30 NM from ORD) multiple altitude downwind patterns This will ensure a safe flying in an area unaffected by the Chicago will be utilized, with traffic ‘‘layered’’ by environment for all aircraft flying in or Class B airspace modification. Area D in altitude, including the airspace between near Area F. the existing Chicago Class B airspace 4,000 feet MSL and 6,000 feet MSL. One commenter stated that aircraft are area is unchanged in the modification of Thirty-one commenters thought the more fuel efficient at higher altitudes the Chicago Class B airspace and railroad tracks near Hampshire, IL, and, consequently, the proposal would continues to be over 5 NM away from should be used as a visual landmark to increase fuel consumption for air Joliet Regional Airport. Since there are define the northern boundary of Area F transport aircraft. Another stated that no proposed changes to Area D, the between the 25 NM and 30 NM arcs. the proposal would increase fuel FAA does not believe there will be any

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adverse affects to IFR arrival and airspace necessary to ensure the safety Executive Airport, without entering departure operations to and from MDW. of all aircraft and the efficient use of Chicago Class B airspace. Additionally, the FAA considers the airspace. This action, once established, Area B. The northeast boundary of approach procedures to MDW to be safe, will ensure containment of turbo-jet IFR Area B is redefined using visually appropriate, and supportive of aircraft conducting instrument identifiable railroad tracks that run from operations there; therefore, the approach approaches to ORD within the confines U.S. Highway 294 to Willow Road procedures will not change as a result of Class B airspace and better segregate (slightly east of the existing Area B, of this action. IFR aircraft arriving/departing ORD and Area C, and current Area E shared Two commenters stated that the non-participating VFR aircraft operating boundary). Additionally, Area B is proposal would have noise impacts in the vicinity of the Chicago Class B expanded to incorporate a portion of because arrival aircraft would be flying airspace area. The containment of the existing Class B airspace contained in at lower altitudes. Additionally, one of IFR turbo-jet arrivals into ORD within the current Area E (specifically, the those commenters asked if an Class B airspace enables the segregation airspace contained east of the railroad environmental impact study or noise of those aircraft from non-participating tracks and south of Willow Road within study had been done and if the FAA had VFR aircraft and enhances safety system the current Area E) and lowers the floor notified communities that aircraft for all aircraft (IFR and VFR) equally. of that affected airspace to 1,900 feet would be flying over them at lower The FAA agrees that positive MSL. This modification of Area B raises altitudes. separation cannot be provided for the floor of the Class B airspace west of The FAA does not agree. In aircraft not in communication with air the railroad tracks westward to the accordance with FAA Order 1050.1, traffic control. FAA Order 7110.65, Air existing shared boundary noted above to Environmental Impacts: Policies and Traffic Control, prescribes the 3,000 feet MSL, but lowers the floor of Procedures, paragraph 311a, rulemaking separation standards between IFR the Class B airspace in the affected actions that modify Class B airspace are aircraft and between VFR/IFR aircraft segment of the current Area E to 1,900 categorically excluded from the that air traffic controllers must apply to feet MSL. This modification requirement to prepare an IFR aircraft they are controlling. This incorporates only that airspace deemed environmental assessment or action is aimed at ensuring the safety of necessary from the current Area E to environmental impact statement. The all aircraft, IFR and VFR equally, that ensure IFR arrival aircraft flying FAA determined that there were no will be operating in and around the instrument approaches to ORD Runway extraordinary circumstances that would Chicago Class B airspace area. 22R are contained within the confines of have necessitated further environmental Class B airspace throughout the The Rule review. The location of present day approach, and ensures segregation of flight tracks and altitude use will not The FAA is amending Title 14 of the IFR arrival aircraft from VFR aircraft change as a result of modification to the Code of Federal Regulations (14 CFR) flying near the boundary of Class B Class B airspace area. Jet aircraft will part 71 to modify the Chicago Class B airspace. Additionally, this modification continue to fly the same flight tracks airspace area. This action (depicted on better defines the northeast boundary of and patterns in the same locations that the attached chart) modifies several Area B using visual references. they fly today. There will be no adverse areas within the existing Chicago Class Area C. Area C is expanded by effects on any of the environmental B airspace area and establishes two incorporating portions of existing Class impact categories required to be Class B airspace extensions; one to the B airspace (Areas B and E), from 3,000 analyzed in accordance with FAA Order east and a second to the west to provide feet MSL to and including 10,000 feet 1050.1; neither will there be any necessary airspace for containment of MSL, commensurately. As described in cumulative impacts. Moreover, the FAA turbo-jet IFR aircraft conducting the Areas B and H modification prepared an environmental impact approach operations within the confines paragraphs (above and below), the new statement in July of 2005, and a record of Class B airspace once they have shared boundary follows railroad tracks of decision in September of 2005, for entered it and to better segregate the IFR that run northeast from U.S. Highway construction and operation of the new aircraft arriving/departing ORD and the 294 to the 10 NM arc of the Chicago runways at ORD. As such, there is no non-participating VFR aircraft operating O’Hare VOR/DME antenna. Other than requirement for a noise study or public in the vicinity of the Chicago Class B re-defining the shared boundary of the notification. airspace area. The modifications to the new Areas B, C, and H using a visual One commenter thought that undue Chicago Class B airspace area are reference for pilots flying in the vicinity priority was given to the safety needs of discussed below. of the Chicago Class B airspace, there is IFR aircraft destined for ORD and MDW; Area A. The northern boundary of no effect to IFR or VFR aircraft second priority was given to separation Area A is modified by incorporating the operations from this modification. between IFR and VFR traffic; and last airspace east of U.S. Highway 12 Area D. Area D is unchanged. priority was given to uncontrolled between the 6 NM and 5 NM arcs of the Area E. Area E is a newly established aircraft. This commenter added that Chicago O’Hare VOR/DME antenna, airspace extension to the east of the positive separation could not from 2,500 feet MSL to and including existing Chicago Class B airspace area realistically occur for uncontrolled 10,000 feet MSL, as part of Area G. The over Lake Michigan. This establishment aircraft and thought policymakers airspace east of U.S. Highway 12 extends Class B airspace from the should not favor one group over between the 6 NM and 5 NM arcs of the existing Area D boundary defined by the another. Chicago O’Hare VOR/DME antenna, 25 NM arc of the Chicago O’Hare VOR/ The FAA does not agree that priority below 2,500 feet MSL, are returned to DME antenna to the 30 NM arc of the is given to the safety needs of IFR over the NAS. This modification of Area A Chicago O’Hare VOR/DME antenna. The VFR aircraft. Title 49 of U.S. Code, raises the floor of the Class B airspace northern boundary is defined by Section 40103, Sovereignty and use of in the affected segment from the surface latitude/longitude points that lay along airspace, charges the FAA to develop to 2,500 feet MSL to provide additional Federal airways V–100/V–526, and the plans and policy for the use of the airspace to accommodate aircraft on the southern boundary is defined by navigable airspace and assign by downwind traffic pattern and circling latitude/longitude points that lay along regulation or order the use of the approaches to Runway 34 at Chicago Federal airways V–6/V–10. This new

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Area E extends upward from 4,000 feet accommodate aircraft on the downwind and other effects of proposed or final MSL to and including a ceiling of traffic pattern and circling approaches rules that include a Federal mandate 10,000 feet MSL to ensure IFR arrival to Runway 34 at Chicago Executive likely to result in the expenditure by aircraft flying simultaneous instrument Airport, without entering Chicago Class State, local, or tribal governments, in the approaches to the existing runways 27R, B airspace. aggregate, or by the private sector, of 27L, and 28, as well as the three Area H. Area H is established from the $100 million or more annually (adjusted additional parallel runways planned for existing northern portion of the current for inflation with base year of 1995). the near future, are contained within the Area E. This new area is bordered by the This portion of the preamble confines of Class B airspace throughout 10 NM arc of the Chicago O’Hare summarizes the FAA’s analysis of the their approach; ensure segregation of VOR/DME antenna on the east, Willow economic impacts of this final rule. IFR aircraft arriving ORD and non- Road on the south, and the railroad Department of Transportation Order participating VFR aircraft operating in tracks (located slightly east of the DOT 2100.5 prescribes policies and the vicinity of the Chicago Class B existing Area B, Area C, and Area E procedures for simplification, analysis, airspace area; and provide navigable shared boundary) that run from U.S. and review of regulations. If the airspace below and above for VFR Highway 294 to the 10 NM arc of the expected cost impact is so minimal that aircraft operations. Chicago O’Hare VOR/DME antenna on a proposed or final rule does not Area F. Area F is expanded to the the west. This new area extends upward warrant a full evaluation, this order west of ORD to establish an airspace from 2,500 feet MSL to and including permits that a statement to that effect extension to the west of the existing 10,000 feet MSL. and the basis for it be included in the Chicago Class B airspace area, similar to preamble if a full regulatory evaluation Environmental Review Area E to the east. Specifically, this of the cost and benefits is not prepared. modification extends the western The FAA has determined that this Such a determination has been made for boundary of the current Area F to a action qualifies for categorical exclusion this final rule. The reasoning for this uniform 25 NM arc of the Chicago under the National Environmental determination follows: O’Hare VOR/DME antenna and then Policy Act in accordance with FAA This final rule enhances safety by further extends a portion of the western Order 1050.1E, ‘‘Environmental Impacts: containing all instrument approach boundary to include the airspace Policies and Procedures,’’ paragraph procedures and associated traffic between the 25 NM and 30 NM arcs of 311a. This airspace action is not patterns within the confines of Class B the Chicago O’Hare VOR/DME antenna. expected to cause any potentially airspace. The requirements support The northern boundary of the extension significant environmental impacts, and increased operations and capacity to the to the 30 NM arc is defined by the no extraordinary circumstances exist current and planned parallel runways intersection of Interstate 90 and the 25 that warrant preparation of an while better segregating aircraft that will NM arc of the Chicago O’Hare environmental assessment. be operating in the affected airspace. VOR/DME antenna, then due west to lat. As stated in the NPRM, we are aware Paperwork Reduction Act 42°07′21″ N., long. 88°33′05″ W., on the that this final rule might require small 30 NM arc of the Chicago O’Hare VOR/ The Paperwork Reduction Act of 1995 adjustments to existing VFR flyway DME antenna; and the southern (44 U.S.C. 3507(d)) requires that the planning charts and perhaps some boundary of the extension to the 30 NM FAA consider the impact of paperwork increased general aviation fuel arc is defined by State Route 10 and other information collection consumption. After consultation with a between the 25 NM and 30 NM arcs of burdens imposed on the public. We diverse cross-section of stakeholders the Chicago O’Hare VOR/DME antenna. have determined that there is no new that participated in the ad hoc This new Area F extends upward from information collection requirement committee, and as we received no 4,000 feet MSL to and including 10,000 associated with this final rule. adverse comments regarding the feet MSL to ensure IFR arrival aircraft Regulatory Evaluation Summary economic analysis, we have determined flying simultaneous instrument that this final rule will result in minimal approaches to the existing runways 9L, Changes to Federal regulations must cost. 9R, and 10, as well as the three undergo several economic analyses. This final rule will enhance safety, additional parallel runways planned for First, Executive Order 12866 directs that reduce the potential for a midair the near future, are contained within the each Federal agency shall propose or collision in the Chicago terminal area, confines of Class B airspace throughout adopt a regulation only upon a reasoned and will improve the flow of air traffic. their approach; to ensure segregation of determination that the benefits of the As such, we estimate a minimal impact IFR aircraft arriving ORD and non- intended regulation justify its costs. with substantial positive net benefits. participating VFR aircraft operating in Second, the Regulatory Flexibility Act The FAA has, therefore, determined that the vicinity of the Chicago Class B of 1980 (Pub. L. 96–354) requires this final rule is not a ‘‘significant airspace area; and to provide navigable agencies to analyze the economic regulatory action’’ as defined in section airspace below and above for VFR impact of regulatory changes on small 3(f) of Executive Order 12866, and is not aircraft operations. entities. Third, the Trade Agreements ‘‘significant’’ as defined in DOT’s Area G. The southern boundary of Act (Pub. L. 96–39) prohibits agencies Regulatory Policies and Procedures. Area G is modified by incorporating the from setting standards that create airspace contained in Area A that lies unnecessary obstacles to the foreign Final Regulatory Flexibility east of U.S. Highway 12 between the 6 commerce of the United States. In Determination NM and 5 NM arcs of the Chicago developing U.S. standards, the Trade The Regulatory Flexibility Act of 1980 O’Hare VOR/DME antenna, extending Act requires agencies to consider (Pub. L. 96–354) (RFA) establishes ‘‘as a upward from 2,500 feet MSL to and international standards and, where principle of regulatory issuance that including 10,000 feet MSL. This appropriate, that they be the basis of agencies shall endeavor, consistent with modification of Area G raises the floor U.S. standards. Fourth, the Unfunded the objectives of the rule and of of the Class B airspace in the affected Mandates Reform Act of 1995 (Pub. L. applicable statutes, to fit regulatory and segment from the surface to 2,500 feet 104–4) requires agencies to prepare a informational requirements to the scale MSL to provide additional airspace to written assessment of the costs, benefits, of the businesses, organizations, and

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governmental jurisdictions subject to and is not considered an unnecessary thence clockwise along the 6 NM arc of the regulation. To achieve this principle, obstacle to trade. Chicago O’Hare VOR/DME to Interstate ° ′ ″ agencies are required to solicit and Highway 290 (lat. 41 57 12 N., long. Unfunded Mandates Assessment ° ′ ″ consider flexible regulatory proposals 88 01 56 W.); thence north along Interstate Highway 290 to the 6 NM arc of the Chicago and to explain the rationale for their Title II of the Unfunded Mandates ° ′ ″ Reform Act of 1995 (Pub. L. 104–4) O’Hare VOR/DME (lat. 42 01 20 N., long. actions to assure that such proposals are 88°01′51″ W.); thence clockwise along the 6 given serious consideration.’’ The RFA requires each Federal agency to prepare NM arc of the Chicago O’Hare VOR/DME to covers a wide-range of small entities, a written statement assessing the effects U.S. Highway 12 (lat. 42°05′03″ N., long. including small businesses, not-for- of any Federal mandate in a proposed or 87°56′26″ W.); thence southeast along U.S. profit organizations, and small final agency rule that may result in an Highway 12 to the point of beginning. governmental jurisdictions. expenditure of $100 million or more (in Area B. That airspace extending upward Agencies must perform a review to 1995 dollars) in any one year by State, from 1,900 feet MSL to and including 10,000 determine whether a rule will have a local, and tribal governments, in the feet MSL within an area bounded by a line significant economic impact on a aggregate, or by the private sector; such beginning at the intersection of U.S. Highway 294 and railroad tracks at lat. 42°03′58″ N., substantial number of small entities. If a mandate is deemed to be a ‘‘significant long. 87°51′58″ W.; thence northeast along the agency determines that it will, the regulatory action.’’ The FAA currently the railroad tracks to Willow Road (lat. agency must prepare a regulatory uses an inflation-adjusted value of 42°06′20″ N., long. 87°49′38″ W.); thence east flexibility analysis as described in the $143.1 million in lieu of $100 million. along Willow Road to the 10 NM arc of the RFA. However, if an agency determines This final rule does not contain such a Chicago O’Hare VOR/DME (lat. 42°06′04″ N., that a rule is not expected to have a mandate; therefore, the requirements of long. 87°44′28″ W.); thence clockwise along significant economic impact on a Title II of the Act do not apply. the 10 NM arc of the Chicago O’Hare VOR/ DME to the 5 NM radius of Chicago Midway substantial number of small entities, ° ′ ″ ° ′ ″ section 605(b) of the RFA provides that List of Subjects in 14 CFR Part 71 Airport (lat. 41 49 34 N., long. 87 51 00 Airspace, Incorporation by reference, W.); thence counterclockwise along the 5 NM the head of the agency may so certify radius of the Chicago Midway Airport to the and a regulatory flexibility analysis is Navigation (air). 10.5 NM arc of the Chicago O’Hare VOR/ not required. The certification must The Rule DME (lat. 41°48′59″ N., long. 87°51′22″ W.); include a statement providing the thence clockwise along the 10.5 NM arc of factual basis for this determination, and ■ In consideration of the foregoing, the the Chicago O’Hare VOR/DME to the 10 NM the reasoning should be clear. Federal Aviation Administration radius of the Chicago Midway Airport (lat. Our initial determination was that the amends 14 CFR part 71 as follows: 41°49′11″ N., long. 87°58′14″ W.); thence rule would not have a significant clockwise along the 10 NM radius of Chicago economic impact on a substantial PART 71—DESIGNATION OF CLASS A, Midway Airport to the 10 NM arc of the B, C, D, AND E AIRSPACE AREAS; AIR Chicago O’Hare VOR/DME (lat. 41°49′40″ N., number of small entities. We received ° ′ ″ no public comments regarding our TRAFFIC SERVICE ROUTES; AND long. 87 58 05 W.); thence clockwise along REPORTING POINTS the 10 NM arc of the Chicago O’Hare VOR/ initial determination. As such, this final DME to U.S. Highway 12 (lat. 42°08′02″ N., rule will not have a significant ■ 1. The authority citation for part 71 long. 88°00′44″ W.); thence southeast along economic impact on a substantial continues to read as follows: U.S. Highway 12 to the 5 NM arc of the number of small entities because the Chicago O’Hare VOR/DME (lat. 42°04′10″ N., economic impact is expected to be Authority: 49 U.S.C. 106(g), 40103, 40113, long. 87°55′31″ W.); thence clockwise along minimal. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– the 5 NM arc of the Chicago O’Hare VOR/ Therefore, the FAA Administrator 1963 Comp., p.389. DME to the point of beginning, excluding certifies that this final rule will not have § 71.1 [Amended] that airspace designated as Area A. Area C. That airspace extending upward a significant economic impact on a ■ 2. The incorporation by reference in substantial number of small entities. from 3,000 feet MSL to and including 10,000 14 CFR 71.1 of the Federal Aviation feet MSL within an area bounded by the 15 International Trade Impact Assessment Administration Order 7400.9U, NM arc of the Chicago O’Hare VOR/DME, excluding that airspace designated as Area A, The Trade Agreements Act of 1979 Airspace Designations and Reporting Points, dated August 18, 2010, and Area B, Area G, and Area H. (Pub. L. 96–39), as amended by the Area D. That airspace extending upward Uruguay Round Agreements Act (Pub. effective September 15, 2010, is amended as follows: from 3,600 feet MSL to and including 10,000 L. 103–465), prohibits Federal agencies feet MSL within an area bounded by a line from establishing standards or engaging Paragraph 3000 Subpart B—Class B beginning at lat. 42°07′52″ N., long. 88°10′47″ in related activities that create Airspace. W.; thence northwest to the 25 NM arc of the unnecessary obstacles to the foreign Chicago O’Hare VOR/DME (lat. 42°15′40″ N., * * * * * ° ′ ″ commerce of the United States. long. 88 19 39 W.); thence clockwise along AGL IL B Chicago, IL Pursuant to these Acts, the the 25 NM arc of the Chicago O’Hare VOR/ Chicago O’Hare International Airport DME to lat. 41°42′03″ N., long. 88°18′34″ W.; establishment of standards is not thence northeast to the 15 NM arc of the considered an unnecessary obstacle to (Primary Airport) (Lat. 41°58′54″ N., long. 87°54′24″ W.) Chicago O’Hare VOR/DME (lat. 41°49′53″ N., the foreign commerce of the United Chicago Midway Airport long. 88°09′59″ W.); thence clockwise along States, so long as the standard has a (Lat. 41°47′10″ N., long. 87°45′09″ W.) the 15 NM arc of the Chicago O’Hare VOR/ legitimate domestic objective, such the Chicago O’Hare VOR/DME DME to the point of beginning, excluding protection of safety, and does not (Lat. 41°59′16″ N., long. 87°54′17″ W.) that airspace designated as Area A, Area B, operate in a manner that excludes Boundaries. Area C, Area G, and Area H. imports that meet this objective. The Area A. That airspace extending upward Area E. That airspace extending upward statute also requires consideration of from the surface to and including 10,000 feet from 4,000 feet MSL to and including 10,000 feet MSL within an area bounded by a line international standards and, where MSL within an area bounded by a line beginning at lat. 42°04′10″ N., long. 87°55′31″ beginning at lat. 42°11′11″ N., long. 87°24′46″ appropriate, that they be the basis for W.; thence clockwise along the 5 NM arc of W.; thence east to the 30 NM arc of the U.S. standards. The FAA has assessed the Chicago O’Hare VOR/DME to lat. Chicago O’Hare VOR/DME (lat. 42°10′39″ N., the effect of this final rule and 41°59′15″ N., long. 87°47′35″ W.; thence east long. 87°17′01″ W.); thence clockwise along determined that it will enhance safety to lat. 41°59′15″ N., long. 87°46′15″ W.; the 30 NM arc of the Chicago O’Hare VOR/

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DME to lat. 41°46′38″ N., long. 87°17′51″ W.; to the 25 NM arc of the Chicago O’Hare VOR/ N., long. 87°55′31″ W.); thence clockwise thence west to the 25 NM arc of the Chicago DME (lat. 41°50′40″ N., long. 88°25′44″ W.); along the 5 NM arc of the Chicago O’Hare O’Hare VOR/DME (lat. 41°46′40″ N., long. thence counterclockwise along the 25 NM arc VOR/DME to the point of beginning. 87°25′22″ W.); thence counterclockwise along of the Chicago O’Hare VOR/DME to lat. Area H. That airspace extending upward ° ′ ″ ° ′ ″ the 25 NM arc of the Chicago O’Hare VOR/ 41 42 03 N., long. 88 18 34 W.; thence from 2,500 feet MSL to and including 10,000 DME to the point of beginning. northeast to the 15 NM arc of the Chicago ° ′ ″ feet MSL within an area bounded by a line Area F. That airspace extending upward O’Hare VOR/DME (lat. 41 49 53 N., long. beginning at the intersection of Willow Road 88°09′59″ W.); thence clockwise along the 15 from 4,000 feet MSL to and including 10,000 and railroad tracks at lat. 42°06′20″ N., long. feet MSL within an area bounded by a line NM arc of the Chicago O’Hare VOR/DME to 87°49′38″ W.; thence northeast along the beginning at lat. 42°07′52″ N., long. 88°10′47″ the point of beginning. railroad tracks to the 10 NM arc of the W.; thence northwest to the 25 NM arc of the Area G. That airspace extending upward ° ′ ″ ° ′ ″ from 2,500 feet MSL to and including 10,000 Chicago O’Hare VOR/DME (lat. 42 08 06 N., Chicago O’Hare VOR/DME (lat. 42 15 40 N., ° ′ ″ long. 88°19′39″ W.); thence counterclockwise feet MSL within an area bounded by a line long. 87 48 02 W.); thence clockwise along along the 25 NM arc of the Chicago O’Hare beginning at lat. 42°04′14″ N., long. 87°54′56″ the 10 NM arc of the Chicago O’Hare VOR/ VOR/DME to Interstate 90 (lat. 42°07′22″ N., W.; thence northwest to the 10 NM arc of the DME to Willow Road (lat. 42°06′04″ N., long. long. 88°26′01″ W.); thence west to the 30 Chicago O’Hare VOR/DME (lat. 42°09′00″ N., 87°44′28″ W.); thence west along Willow NM arc of the Chicago O’Hare VOR/DME (lat. long. 87°57′22″ W.); thence counterclockwise Road to the point of beginning. ° ′ ″ ° ′ ″ 42 07 21 N., long. 88 33 05 W.); thence along the 10 NM arc of the Chicago O’Hare Issued in Washington, DC, on September counterclockwise along the 30 NM arc of the VOR/DME to U.S. Highway 12 (lat. 42°08′02″ 15, 2010. Chicago O’Hare VOR/DME to Illinois State N., long. 88°00′44″ W.); thence southeast Route 10 (lat. 41°49′49″ N., long. 88°32′27″ along U.S. Highway 12 to the 5 NM arc of Edith V. Parish, W.); thence east along Illinois State Route 10 the Chicago O’Hare VOR/DME (lat. 42°04′10″ Manager, Airspace and Rules Group.

[FR Doc. 2010–23470 Filed 9–20–10; 8:45 am] ACTION: Final rule. revision of FAA Order 7400.9 and BILLING CODE 4910–13–P publication of conforming amendments. SUMMARY: This action will amend FOR FURTHER INFORMATION CONTACT: existing Class E airspace at Willcox, AZ, Eldon Taylor, Federal Aviation DEPARTMENT OF TRANSPORTATION to accommodate aircraft using a new Administration, Operations Support Area Navigation (RNAV) Global Group, Western Service Center, 1601 Federal Aviation Administration Positioning System (GPS) Standard Lind Avenue, SW., Renton, WA 98057; Instrument Approach Procedures telephone (425) 203–4537. 14 CFR Part 71 (SIAPs) at Cochise County Airport. This SUPPLEMENTARY INFORMATION: will improve the safety and [Docket No. FAA–2010–0325; Airspace management of Instrument Flight Rules History Docket No. 10–AWP–2] (IFR) operations at the airport. On June, 14, 2010, the FAA published Modification of Class E Airspace; DATES: Effective date, 0901 UTC, in the Federal Register a notice of Willcox, AZ November 18, 2010. The Director of the proposed rulemaking to amend Federal Register approves this controlled airspace at Willcox, AZ (75 AGENCY: Federal Aviation incorporation by reference action under FR 33561). Interested parties were Administration (FAA), DOT. 1 CFR part 51, subject to the annual invited to participate in this rulemaking

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