[Federal Register Volume 76, Number 165 (Thursday, August 25, 2011)]
[Rules and Regulations]
[Pages 53049-53050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21648]



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.



    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 

[[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:


1. The authority citation for 14 CFR part 71 continues to read as 

    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 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 

    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]