[Federal Register Volume 77, Number 176 (Tuesday, September 11, 2012)]
[Rules and Regulations]
[Pages 55691-55692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22270]



Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-0539; Airspace Docket No. 12-ANM-10]

Establishment of Class E Airspace; Circle Town, MT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.


SUMMARY: This action establishes Class E airspace at Circle Town County 
Airport, Circle Town, MT to accommodate aircraft using new Area 
Navigation (RNAV) Global Positioning System (GPS) standard instrument 
approach procedures at Circle Town County Airport. This improves the 
safety and management of Instrument Flight Rules (IFR) operations at 
the airport.

DATES: Effective date, 0901 UTC, November 15, 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 July 5, 2012, the FAA published in the Federal Register a notice 
of proposed rulemaking (NPRM) to establish controlled airspace at 
Circle Town, MT (77 FR 39651). Interested parties were invited to 
participate in this rulemaking effort by submitting written comments on 
the proposal to the FAA. The FAA received one comment from the National 
Business Aviation Association (NBAA).
    The NBAA recommended the FAA lower some of the adjacent Class E 
airspace extending upward from 14,500 feet Mean Sea Level (MSL) to the 
east, south and west of the airport down to 1,200 feet above the 
surface to accommodate orderly en route descent into the airport. The 
NBAA is also concerned that the Minimum Instrument Flight Rules 
Altitude (MIA) outside the 1,200 feet above the surface would affect 
air traffic services into the airport. Finally, the commenter points 
out that extending the Class E 1,200-foot area would provide relief to 
Salt Lake City Air Route Traffic Control Center (ARTCC).
    The FAA believes that lowering this airspace is outside the scope 
of this rulemaking at this time, and would not serve the immediate 
purpose of establishing the airspace necessary for the safety of 
aircraft within the Circle Town, MT, airport area.
    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 establishing Class E airspace extending upward from 700 feet 
above the surface, at Circle Town County Airport, to accommodate IFR 
aircraft executing new RNAV (GPS) standard instrument approach 
procedures at the airport. This action is necessary for the safety and 
management of IFR operations.
    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 establishes 
controlled airspace at Circle Town County Airport, Circle Town, MT.

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:


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 7400.9V, 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.

* * * * *

[[Page 55692]]

ANM MT E5 Circle Town, MT [New]

Circle Town County Airport
    (Lat. 47[deg]25'06'' N., long. 105[deg]33'39'' W.)

    That airspace extending upward from 700 feet above the surface 
within 12.1-mile radius of the Circle Town County Airport; that 
airspace extending upward from 1,200 feet above the surface bounded 
by a line beginning at lat. 47[deg]59'00'' N., long. 106[deg]16'00'' 
W.; to lat. 47[deg]49'00'' N., long. 105[deg]59'00'' W.; to lat. 
47[deg]49'00'' N., long. 105[deg]24'00'' W.; to lat. 47[deg]40'00'' 
N., long. 105[deg]26'00'' W.; to lat. 47[deg]25'00'' N., long. 
105[deg]00'00'' W.; to lat. 47[deg]05'00'' N., long. 105[deg]25'00'' 
W., to lat. 47[deg]22'00'' N., long. 106[deg]06'00'' W.; to lat. 
47[deg]27'00'' N., long. 106[deg]17'00'' W.; to lat. 47[deg]50'00'' 
N., long. 106[deg]26'00'' W.; thence to the point of origin.

    Issued in Seattle, Washington on August 30, 2012.
Steven L. Vale,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2012-22270 Filed 9-10-12; 8:45 am]