Federal Register: February 24, 2009 (Volume 74, Number 35)

DOCID: fr24fe09-13 FR Doc E9-3817

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

CFR Citation: 14 CFR Part 71

Docket ID: [Docket No. FAA-2008-1186; Airspace Docket No. 08-AGL-12]

NOTICE: RULES

DOCID: fr24fe09-13

ACTION: Class E Airspace; Establishment:

DOCUMENT ACTION: Final rule.

SUBJECT CATEGORY:

Establishment of Class E Airspace; Tower, MN

DATES: Effective Date: 0901 UTC, May 7, 2009. 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.

DOCUMENT SUMMARY:

This action establishes Class E airspace at Tower, MN. Controlled airspace is necessary to accommodate new Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAPs) at Tower Municipal Airport, Tower, MN. This rule also updates the geographic coordinates for the airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at Tower Municipal Airport.

SUMMARY:

Tower, MN,

SUPPLEMENTAL INFORMATION

History

On November 25, 2008, the FAA published in the Federal Register a notice of proposed rulemaking to establish Class E airspace at Tower, MN (73 FR 71569, Docket No. FAA20081186). 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 7400.9S signed October 3, 2008, and effective October 31, 2008, which is incorporated by reference in 14 CFR Part 71.1. The Class E airspace designations listed in this document will be published subsequently in that Order. With the exception of editorial changes, and the changes described above, this rule is the same as that proposed in the NPRM. The Rule

This action amends Title 14 Code of Federal Regulations (14 CFR) Part 71 by establishing Class E airspace at Tower Municipal Airport, Tower, MN. This rule also updates the geographic coordinates of Tower Municipal Airport.

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. 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 that 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, 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 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 establishes controlled airspace at Tower Municipal Airport, Tower, MN.

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 amends14 CFR Part 71 as follows:
PART 71DESIGNATION 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(g), 40103, 40113, 40120; E. O. 10854, 24 FR 9565, 3 CFR, 19591963 Comp., p. 389.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR Part 71.1 of the Federal Aviation Administration Order 7400.9S, Airspace Designations and Reporting Points, signed October 3, 2008, and effective October 31, 2008, is amended as follows:
Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface.
* * * * *
AGL MN E5 Tower, MN [New]
Tower Municipal Airport, MN

(Lat. 47[deg]49'05'' N., long. 92[deg]17'10'' W.)

That airspace extending upward from 700 feet above the surface within a 6.5mile radius of Tower Municipal Airport, excluding that airspace within Prohibited Area P205.
* * * * *

Issued in Fort Worth, TX, on February 12, 2009.
Roger M. Trevino,
Acting Manager, Operations Support Group, Central Service Center. [FR Doc. E93817 Filed 22309; 8:45 am]
BILLING CODE 491013P

FOR FURTHER INFORMATION CONTACT

Scott Enander, Central Service Center, Operations Support Group, Federal Aviation Administration, Southwest Region, 2601 Meacham Blvd, Fort Worth, TX 761930530; telephone (817) 3217716.