[Federal Register Volume 78, Number 111 (Monday, June 10, 2013)]
[Rules and Regulations]
[Pages 34555-34556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13359]



Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0185; Airspace Docket No. 13-ANM-8]

Establishment of Class E Airspace; Gillette, WY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.


SUMMARY: This action establishes Class E airspace at the Gillette VHF 
Omni-Directional Radio Range/Distance Measuring Equipment (VOR/DME), 
Gillette, WY, to facilitate vectoring of Instrument Flight Rules (IFR) 
aircraft under control of Denver, Salt Lake City and Minneapolis Air 
Route Traffic Control Centers (ARTCCs). This improves the safety and 
management of IFR operations within the National Airspace System.

DATES: Effective date, 0901 UTC, August 22, 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: Eldon Taylor, Federal Aviation 
Administration, Operations Support Group, Western Service Center, 1601 
Lind Avenue SW., Renton, WA, 98057; telephone (425) 203-4537.



    On March 26, 2013, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to establish controlled airspace 
at Gillette, WY (78 FR 18266). 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 6006, 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 that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
Part 71 by establishing Class E en route domestic airspace extending 
upward from 1,200 feet above the surface, at the Gillette VOR/DME 
navigation aid, Gillette, WY, to accommodate IFR aircraft under control 
of Denver, Salt Lake City and Minneapolis ARTCCs by vectoring aircraft 
from en route airspace to terminal areas. 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

[[Page 34556]]

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 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 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 the Gillette VOR/DME navigation aid, 
Gillette, WY.

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 7400.9W, Airspace Designations and 
Reporting Points, dated August 8, 2012, and effective September 15, 
2012 is amended as follows:

Paragraph 6006 En Route Domestic Airspace Areas.

* * * * *

ANM WY E6 Gillette, WY [New]

Gillette VOR/DME, WY
    (Lat. 44[deg]20'52'' N., long. 105[deg]32'37'' W.)

    That airspace extending upward from 1,200 feet above the surface 
within an area bounded by lat. 43[deg]01'57'' N., long. 
107[deg]06'08'' W.; to lat. 42[deg]52'37'' N., long. 107[deg]47'58'' 
W.; to lat. 44[deg]09'12'' N., long. 108[deg]02'32'' W.; to lat. 
44[deg]38'58'' N., long. 106[deg]53'16'' W.; to lat. 45[deg]48'16'' 
N., long. 106[deg]34'25'' W.; to lat. 45[deg]36'35'' N., long. 
104[deg]05'26'' W.; to lat. 45[deg]06'45'' N., long. 100[deg]48'20'' 
W.; to lat. 44[deg]02'34'' N., long. 100[deg]44'12'' W.; to lat. 
43[deg]40'10'' N., long. 99[deg]37'18'' W.; to lat. 43[deg]14'52'' 
N., long. 100[deg]08'15'' W.; to lat. 43[deg]41'03'' N., long. 
101[deg]28'52'' W.; to lat. 44[deg]40'23'' N., long. 101[deg]32'34'' 
W.; to lat. 44[deg]44'40'' N., long. 104[deg]52'04'' W.; to lat. 
43[deg]29'00'' N., long. 104[deg]14'29'' W.; to lat. 43[deg]22'06'' 
N., long. 104[deg]46'22'' W.; to lat. 44[deg]35'02'' N., long. 
105[deg]59'24'' W., thence to the point of beginning.

    Issued in Seattle, Washington, on May 24, 2013.
Clark Desing,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2013-13359 Filed 6-7-13; 8:45 am]