Proposed Establishments of Class E Airspace: Fillmore, UT


Federal Register: June 14, 2010 (Volume 75, Number 113)

Proposed Rules

Page 33560-33561

From the Federal Register Online via GPO Access []



Federal Aviation Administration 14 CFR Part 71

Docket No. FAA-2009-1248; Airspace Docket No. 09-ANM-31

Proposed Establishment of Class E Airspace; Fillmore, UT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

SUMMARY: This action proposes to establish Class E airspace at

Fillmore, UT, to accommodate aircraft using a new Area Navigation

(RNAV) Global Positioning System (GPS) Standard Instrument Approach

Procedure (SIAP) at Fillmore Municipal Airport. The FAA is proposing this action to enhance the safety and management of aircraft operations at the airport.

DATES: Comments must be received on or before July 29, 2010.

ADDRESSES: Send comments on this proposal to the U.S. Department of

Transportation, Docket Operations, M-30, West Building Ground Floor,

Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590; telephone (202) 366-9826. You must identify FAA Docket No. FAA-2009- 1248; Airspace Docket No. 09-ANM-31, at the beginning of your comments.

You may also submit comments through the Internet at http://


Administration, Operations Support Group, Western Service Center, 1601

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


Comments Invited

Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal.

Communications should identify both docket numbers (FAA Docket No.

FAA 2009-1248 and Airspace Docket No. 09-ANM-31) and be submitted in triplicate to the Docket Management System (see ``ADDRESSES'' section for address and phone number). You may also submit comments through the

Internet at

Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed stamped postcard on which the following statement is made: ``Comments to FAA

Docket No. FAA-2009-1248 and Airspace Docket No. 09-ANM-31''. The postcard will be date/time stamped and returned to the commenter.

All communications received on or before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this action may be changed in light of comments received. All comments submitted will be available for examination in the public docket both before and after the closing date for comments. A report summarizing each substantive public contact with

FAA personnel concerned with this rulemaking will be filed in the docket.

Availability of NPRMs

An electronic copy of this document may be downloaded through the

Internet at Recently published rulemaking documents can also be accessed through the FAA's Web page at http:// amendments/.

You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets

Office (see the ``ADDRESSES'' section for the address and phone number) between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 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, 1601 Lind Avenue, SW., Renton, WA 98057.

Persons interested in being placed on a mailing list for future

NPRMs should contact the FAA's Office of Rulemaking, (202) 267-9677, for a copy of Advisory Circular No. 11-2A, Notice of Proposed

Rulemaking Distribution System, which describes the application procedure.

The Proposal

The FAA is proposing an amendment to Title 14 Code of Federal

Regulations (14 CFR) part 71 to establish Class E airspace extending upward from 700 feet above the surface at Fillmore Municipal Airport,

Fillmore, UT. Controlled airspace is necessary to accommodate aircraft using the new RNAV (GPS) SIAP at the airport, and would enhance the safety and management of aircraft operations.

Class E airspace designations are published in paragraph 6005, of

FAA Order 7400.9T, signed August 27, 2009, and effective September 15, 2009, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in this Order.

The FAA has determined this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current.

Therefore, this proposed 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

Page 33561

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 proposed rule, when promulgated, would 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, describes the authority for 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 establish additional controlled airspace at Fillmore

Municipal Airport, Fillmore, UT.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

Accordingly, pursuant to the authority delegated to me, the Federal

Aviation Administration proposes to amend 14 CFR part 71 as follows:


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(g), 40103, 40113, 40120; E.O. 10854, 24

FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec. 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of the FAA Order 7400.9T, Airspace Designations and Reporting Points, signed August 27, 2009, and effective September 15, 2009 is amended as follows:

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

* * * * *

ANM UT E5 Fillmore, UT [New]

Fillmore Municipal Airport, UT

(Lat. 38[deg]57'29'' N., long. 112[deg]21'47'' W.)

That airspace extending upward from 700 feet above the surface within a 6.5-mile radius of Fillmore Municipal Airport, and within 2 miles each side of the 039[deg] bearing extending from the 6.5-mile radius to 11.2 miles northeast of the Airport.

Issued in Seattle, Washington, on May 28, 2010.

Kevin Nolan,

Acting Manager, Operations Support Group, Western Service Center.

FR Doc. 2010-14217 Filed 6-11-10; 8:45 am