[Federal Register Volume 76, Number 174 (Thursday, September 8, 2011)]
[Rules and Regulations]
[Pages 55554-55555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22312]



Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-1330; Airspace Docket No. 10-ASO-41]

Amendment of Class E Airspace; Rutherfordton, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.


SUMMARY: This action amends Class E airspace at Rutherfordton, NC. The 
Rutherford Non-Directional Beacon (NDB) has been decommissioned and new 
Standard Instrument Approach Procedures have been developed for 
Rutherford County-Marchman Field. This action also updates the 
geographic coordinates of the airport and changes the airport name. 
This action enhances the safety and airspace management of Instrument 
Flight Rules (IFR) operations at the airport.

DATES: Effective 0901 UTC, October 20, 2011. 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.



    On June 1, 2011, the FAA published in the Federal Register a notice 
of proposed rulemaking to amend Class E airspace 700 feet above the 
surface, at Rutherfordton, NC (76 FR 31510) Docket No. FAA-2010-1330. 
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 the Order.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR) 
part 71 amends Class E airspace extending

[[Page 55555]]

upward from 700 feet above the surface to support new standard 
instrument approach procedures developed at Rutherford County-Marchman 
Field, Rutherfordton, NC. Airspace reconfiguration is necessary due to 
the decommissioning of the Rutherford NDB and cancellation of the NDB 
approach, and for continued safety and management of IFR operations at 
the airport. This action also updates the geographic coordinates of the 
airport to coincide with the FAAs aeronautical database, and changes 
the airport name from to Rutherford County Airport to Rutherford 
County-Marchman Field, Rutherfordton, NC.
    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 
    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 Class E airspace at Rutherfordton, NC.

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:


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]

2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation 
Administration Order 7400.9U, Airspace Designations and Reporting 
Points, dated August 18, 2010, 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.

* * * * *

ASO NC E5 Rutherfordton, NC [Amended]

Rutherford County-Marchman Field, NC
    (Lat. 35[deg]25'42'' N., long. 81[deg]56'06'' W.)

That airspace extending upward from 700 feet above the surface 
within an 11.6-mile radius of Rutherford County-Marchman Field.

    Issued in College Park, Georgia, on August 19, 2011.
Mark D. Ward,
Manager, Operations Support Group, Eastern Service Center, Air Traffic 
[FR Doc. 2011-22312 Filed 9-7-11; 8:45 am]