Amendment of Class E Airspace:

Federal Register Volume 76, Number 165 (Thursday, August 25, 2011)

Rules and Regulations

Pages 53049-53050

From the Federal Register Online via the Government Printing Office [www.gpo.gov]

FR Doc No: 2011-21648

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 14 CFR Part 71

Docket No. FAA-2011-0536; Airspace Docket No. 11-ANM-13

Amendment of Class E Airspace; Shelby, MT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action modifies Class E airspace at Shelby, MT, to accommodate aircraft using Area Navigation (RNAV) Global Positioning

System (GPS) standard instrument approach procedures at Shelby Airport.

This improves the safety and management of Instrument Flight Rules

(IFR) operations at the airport.

DATES: Effective date, 0901 UTC, October 20, 2011. 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 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation

Administration, Operations Support Group, Western Service Center, 1601

Lind Avenue, SW., Renton, WA 98057; telephone (425) 203-4537.

SUPPLEMENTARY INFORMATION:

History

On June 17, 2011, the FAA published in the Federal Register a notice of proposed rulemaking to modify controlled airspace at Shelby,

MT (76 FR 35362). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.

Class E airspace designations are published in paragraph 6005 of

FAA Order 7400.9U dated August 18, 2010, and effective September 15, 2010, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in that Order.

The Rule

This action amends Title 14 Code of Federal Regulations (14 CFR)

Part 71 by modifying Class E airspace extending upward from 700 feet above the surface, at Shelby Airport, to accommodate IFR aircraft executing RNAV (GPS) standard instrument approach procedures at the airport. This action is necessary for the safety and management of IFR operations.

Page 53050

The FAA has determined this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation: (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 this 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. The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the U.S.

Code. Subtitle 1, Section 106 discusses 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 creates additional controlled airspace at Shelby Airport, Shelby, MT.

List 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 0 1. The authority citation for 14 CFR part 71 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec. 71.1 [Amended] 0 2. The incorporation by reference in 14 CFR 71.1 of the Federal

Aviation Administration Order 7400.9U, Airspace Designations and

Reporting Points, dated August 18, 2010, and effective September 15, 2010 is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth.

* * * * *

ANM MT E5 Shelby, MT [Modified]

Shelby Airport, MT

(Lat. 48[deg]32'26'' N., long. 111[deg]52'16'' W.)

That airspace extending upward from 700 feet above the surface within a 6.7-mile radius of Shelby Airport, and within 2.7 miles each side of the 043[deg] bearing from Shelby Airport extending from the 6.7-mile radius to 7.4 miles northeast of the airport; that airspace extending upward from 1,200 feet above the surface within an area bounded by lat. 48[deg]50'00'' N., long. 111[deg]45'00'' W.; to lat. 48[deg]49'00'' N., long. 111[deg]22'00'' W.; to lat. 48[deg]38'00'' N., long. 111[deg]17'00'' W.; to lat. 48[deg]21'00''

N., long. 111[deg]36'00'' W.; to lat. 48[deg]18'00'' N., long. 112[deg]01'00'' W.; to lat. 48[deg]28'00'' N., long. 112[deg]12'00''

W.; to lat. 48[deg]38'00'' N., long. 112[deg]11'00'' W.; to lat. 48[deg]38'00'' N., long. 112[deg]03'00'' W., thence to the point of beginning.

Issued in Seattle, Washington, on August 15, 2011.

John Warner,

Manager, Operations Support Group, Western Service Center.

FR Doc. 2011-21648 Filed 8-24-11; 8:45 am

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