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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 71
          - [Docket No. FAA-2010-0961; Airspace Docket No. 10-ANM-12]

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Final rule.

# SUMMARY:

                        This action will modify Class E airspace at Bryce Canyon, UT. Additional controlled airspace is necessary to accommodate aircraft using Area Navigation (RNAV) Global                               ( print page 14803)                            Positioning System (GPS) standard instrument approach procedures at Bryce Canyon Airport. This will improve the safety of Instrument Flight Rules (IFR) aircraft executing RNAV GPS standard instrument approach procedures at Bryce Canyon Airport.                    

# DATES:

Effective date, 0901 UTC, June 30, 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.

# SUPPLEMENTARY INFORMATION:

## History

                    On December 9, 2010, the FAA published in the                     **Federal Register**                     a notice of proposed rulemaking to establish additional controlled airspace at Bryce Canyon, UT (75 FR 76650). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. The FAA received two comments. One commenter suggested adding airspace to the eastern boundary of the 1,200 foot AGL airspace description. The FAA found merit in this comment, and will incorporate this change in the final rule. The second commenter was concerned with the possible impact of noise on the Bryce Canyon National Park. This rule will only modify the existing airspace to the extent necessary to increase flight safety. The FAA does not believe this will create any change in the intensity, frequency of flight activity, or existing patterns of noise generation. With the exception of editorial changes and the changes described above, this rule is the same as that proposed in the NPRM.                

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 amending the Class E airspace for the Bryce Canyon, UT area, adding additional controlled airspace extending upward from 700 feet above the surface to accommodate IFR aircraft executing RNAV (GPS) standard instrument approach procedures at Bryce Canyon Airport. This action is necessary for the safety and management of IFR operations at the airport.

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. 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 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 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 additional controlled airspace at Bryce Canyon Airport, Bryce Canyon, UT.

# 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:

# PART 71—DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

1. The authority citation for 14 CFR 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.

§ 71.1 

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 UT E5 Bryce Canyon, UT [Modified]

Bryce Canyon Airport, UT

(Lat. 37°42′23″ N., long. 112°08′45″ W.)

That airspace extending upward from 700 feet above the surface within 8 miles each side of the 047° and 227° bearing from the airport, extending 18 miles northeast and 15.9 miles southwest of the airport. That airspace extending upward from 1,200 feet above the surface bounded by a line beginning at lat. 38°21′00″ N., long. 112°34′00″ W.; to lat. 38°21′00″ N., long. 112°24′00″ W.; to lat. 38°12′00″ N., long. 112°15′00″ W.; to lat. 38°20′00″ N., long. 111°56′00″ W.; to lat. 38°18′00″ N., long. 111°41′00″ W.; to lat. 38°00′00″ N., long. 111°34′00″ W.; to lat. 37°45′00″ N., long. 111°02′00″ W.; to lat. 37°17′00″ N., long. 111°18′00″ W.; to lat. 37°19′00″ N., long. 111°48′00″ W.; to lat. 37°22′00″ N., long. 112°14′00″ W.; to lat. 37°13′00″ N., long. 112°33′00″ W.; to lat. 37°14′00″ N., long. 112°39′00″ W.; to lat. 37°29′00″ N., long. 112°42′00″ W.; to lat. 37°41′00″ N., long. 112°53′00″ W.; thence to point of origin.

Issued in Seattle, Washington, on March 10, 2011.

John Warner,

Manager, Operations Support Group, Western Service Center. 

[FR Doc. 2011-6350 Filed 3-17-11; 8:45 am]

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