[Federal Register Volume 76, Number 232 (Friday, December 2, 2011)]
[Rules and Regulations]
[Page 75446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30884]



Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0894; Airspace Docket No. 11-AWP-14]

Amendment of Class E Airspace; Mercury, NV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.


SUMMARY: This action amends Class E airspace at Mercury, Desert Rock 
Airport, Mercury, NV. Decommissioning of the Mercury Non-Directional 
Beacon (NDB) at Mercury, Desert Rock Airport has made this action 
necessary for the safety and management of Instrument Flight Rules 
(IFR) operations at the airport. This action also makes a minor 
adjustment to the geographic coordinates in the regulatory text.

DATES: Effective date, 0901 UTC, February 9, 2012. 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 September 12, 2011, the FAA published in the Federal Register a 
notice of proposed rulemaking to amend controlled airspace at Mercury, 
NV (76 FR 56127). Interested parties were invited to participate in 
this rulemaking effort by submitting written comments on the proposal 
to the FAA. No comments were received. Subsequent to publication, the 
FAA's Aeronautical Products office made further adjustments to the 
geographic coordinates listed in the regulatory text, and is included 
in this rulemaking.
    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 that 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, at Mercury, Desert Rock Airport, to accommodate IFR 
aircraft approach procedures. The Mercury NDB has been decommissioned 
the NDB approach cancelled. Also, the second boundary coordinate listed 
in the regulatory text is adjusted to be in concert with the FAA's 
aeronautical database. This action is necessary for the safety and 
management of IFR operations. With the exception of editorial changes 
and the changes noted above, this rule is the same as that proposed in 
the NPRM.
    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 amends 
controlled airspace at Mercury, Desert Rock Airport, Mercury, NV.

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 part 71.1 of the Federal 
Aviation Administration Order 7400.9V, Airspace Designations and 
Reporting Points, dated August 9, 2011, and 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.

* * * * *

AWP NV E5 Mercury, NV [Amended]

Mercury, Desert Rock Airport, NV
    (Lat. 36[deg]37'10'' N., long. 116[deg]01'58'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 4.3-mile radius of the Mercury, Desert Rock Airport. That 
airspace extending upward from 1,200 feet above the surface within 
the area bounded by a line beginning at lat. 36[deg]41'00'' N., 
long. 116[deg]26'33'' W.; to lat. 36[deg]41'00'' N., long. 
115[deg]56'03'' W.; to lat. 36[deg]16'00'' N., long. 115[deg]56'03'' 
W.; to lat. 36[deg]16'00'' N., long. 116[deg]08'03'' W.; to lat. 
36[deg]36'00'' N., long. 116[deg]26'33'' W.; thence to the point of 
beginning, excluding the portion within Restricted Area R-4808N.

    Issued in Seattle, Washington, on November 21, 2011.
Robert Henry,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2011-30884 Filed 12-1-11; 8:45 am]