[Federal Register Volume 77, Number 132 (Tuesday, July 10, 2012)]
[Rules and Regulations]
[Pages 40489-40490]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16672]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-1211; Airspace Docket No. 11-ASO-40]


Amendment of Class E Airspace; Memphis, TN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E Airspace at Memphis, TN area, as 
the West Memphis Non-Directional Beacon (NDB) has been decommissioned 
and new Standard Instrument Approach Procedures have been developed at 
Memphis International Airport. This action also removes West Memphis 
Municipal Airport, West Memphis, from the existing airspace surrounding 
Memphis International Airport, Memphis, TN. This action enhances the 
safety and airspace management of Instrument Flight Rules (IFR) 
operations at the airport. This action also makes a minor adjustment to 
the geographic coordinates of General DeWitt Spain Airport and makes a 
minor correction to the regulatory text.

DATES: Effective 0901 UTC, September 20, 2012. The Director of the 
Federal Register approves this incorporation by reference action under 
title 1, Code of Federal Regulations, part 51, subject to the annual 
revision of FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support 
Group, Eastern Service Center, Federal Aviation Administration, P.O. 
Box 20636, Atlanta, Georgia 30320; telephone (404) 305-6364.

SUPPLEMENTARY INFORMATION:

History

    On March 26, 2012, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to amend Class E airspace at 
Memphis, TN (77 FR 17360). 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 7400.9V dated 
August 9, 2011, and effective September 15, 2011, which is incorporated 
by reference in 14 CFR 71.1. The Class E airspace designations listed 
in this document will be published subsequently in the Order. Except 
for a minor clerical change in the regulatory text correcting `NDB' to 
``Airport'', this rule is the same as published in the NPRM.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR) 
part 71 amends Class E airspace extending upward from 700 feet above 
the surface at Memphis, TN. Airspace reconfiguration is necessary due 
to the decommissioning of the West Memphis NDB and cancellation of the 
NDB approach, and for continued safety and management of IFR operations 
at the airport. Also, West Memphis Municipal Airport, West Memphis, AR, 
is removed from the Memphis, TN, airspace designation to accommodate 
the separation of existing Class E airspace surrounding Memphis 
International Airport, Memphis, TN. The establishment of the new 
designator for the Class E airspace area surrounding West Memphis 
Municipal Airport, West Memphis, AR, is simultaneously coordinated with 
this action. This action also adjusts the geographic coordinates of 
General DeWitt Spain Airport to be in concert with the FAAs 
aeronautical database, and corrects `NDB' to read `Airport' in the 
regulatory text.
    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, is 
non-controversial and unlikely to result in adverse or negative 
comments. 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 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 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 
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 controlled airspace in Memphis, TN.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1E, ``Environmental Impacts: Policies and 
Procedures,'' paragraph 311a. This airspace action is not expected to 
cause any potentially significant environmental impacts, and no 
extraordinary circumstances exist that warrant preparation of an 
environmental assessment.

Lists 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 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 Federal Aviation 
Administration Order 7400.9V, Airspace Designations and Reporting 
Points, dated August 9, 2011, effective September 15, 2011, is amended 
as follows:

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

* * * * *

ASO TN E5 Memphis, TN [Amended]

Memphis International Airport, TN
    (Lat. 35[deg]02'33'' N., long. 89[deg]58'36'' W.)
Olive Branch, MS, Olive Branch Airport
    (Lat. 34[deg]58'44'' N., long. 89[deg]47'13'' W.)
General DeWitt Spain Airport

[[Page 40490]]

    (Lat. 35[deg]12'03'' N., long. 90[deg]03'14'' W.)
Elvis NDB
    (Lat. 35[deg]03'41'' N., long. 90[deg]04'18'' W.)

    That airspace extending upward from 700 feet above the surface 
within an 8-mile radius of Memphis International Airport, and within 
4 miles north and 8 miles south of the 271[deg] bearing from the 
Elvis NDB extending from the 8-mile radius to 16 miles west of the 
Elvis NDB, and within a 7.5-mile radius of Olive Branch Airport, 
Olive Branch, MS, and within 4 miles west and 8 miles east of the 
017[deg] bearing and 4 miles west and 8 miles east of the 170[deg] 
bearing from Olive Branch Airport extending from the 7.5-mile radius 
to 16 miles northeast and south of the airport, and within a 6.4-
mile radius of General DeWitt Spain Airport; excluding that airspace 
within the Millington, TN, Class E airspace area.

    Issued in College Park, Georgia, on June 27, 2012.
Barry A. Knight,
Acting Manager, Operations Support Group, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2012-16672 Filed 7-9-12; 8:45 am]
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