[Federal Register Volume 78, Number 132 (Wednesday, July 10, 2013)]
[Rules and Regulations]
[Page 41289]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16448]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-1138; Airspace Docket No. 12-ACE-6]


Amendment of Class E Airspace; Ogallala, NE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action amends Class E airspace at Ogallala, NE. 
Additional controlled airspace is necessary to accommodate new Area 
Navigation (RNAV) Standard Instrument Approach Procedures at Searle 
Field Airport. This action enhances the safety and management of 
Instrument Flight Rule (IFR) operations at the airport.

DATES: Effective date: 0901 UTC, October 17, 2013. 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: Scott Enander, Central Service Center, 
Operations Support Group, Federal Aviation Administration, Southwest 
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone 817-321-
7716.

SUPPLEMENTARY INFORMATION: 

History

    On March 26, 2013, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to amend Class E airspace for the 
Ogallala, NE., area, creating additional controlled airspace at Searle 
Field Airport (78 FR 18262) Docket No. FAA-2012-1138. 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 7400.9W dated August 8, 2012, and effective September 
15, 2012, 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.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
Part 71 by amending Class E airspace extending upward from 700 feet 
above the surface to ensure that required controlled airspace exists 
from the current 8.6-mile radius of the airport to 11.2 miles southeast 
of the airport to contain aircraft executing new standard instrument 
approach procedures at Searle Field Airport, Ogallala, NE. This action 
enhances the safety and management of IFR operations at the 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 only affects air traffic procedures and air navigation, it is 
certified that this rule, when promulgated, does 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 amends controlled airspace at Searle Field Airport, Ogallala, NE.

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.

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 7400.9W, Airspace Designations and 
Reporting Points, dated August 8, 2012, and effective September 15, 
2012, is amended as follows:Paragraph 6005: Class E airspace areas 
extending upward from 700 feet or more above the surface.
* * * * *

ACE NE E5 Ogallala, NE [Amended]

    Searle Field Airport, NE
    (lat. 41[deg]07'10'' N., long. 101[deg]46'11'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 8.6-mile radius of Searle Field Airport, and within 2 miles 
each side of the 144[deg] bearing from the airport extending from 
the 8.6-mile radius to 11.2 miles southeast of the airport.

    Issued in Fort Worth, Texas, on June 24, 2013.
David P. Medina,
Manager, Operations Support Group, ATO Central Service Center.

[FR Doc. 2013-16448 Filed 7-9-13; 8:45 am]
BILLING CODE 4910-13-P