41076 Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Rules and Regulations 

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 Gallatin Field 

Airport, Bozeman, MT. 

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 [Amended] 

■ 2. The incorporation by reference in 

14 CFR Part 71.1 of the Federal Aviation 

Administration Order 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, and effective 

September 15, 2009 is amended as 

follows: 

Paragraph 6004 Class E airspace are as 

designated as an Extension to a Class D 

surface area. 

* * * * * 

ANM MT E4 Bozeman, MT [Modified] 

Bozeman, Gallatin Field Airport, MT 

(Lat. 45°46′39′′ N., long. 111°09′07′′ W.) 

That airspace extending upward from the 

surface within 3 miles each side of the 316° 

bearing of Gallatin Field Airport, extending 

from the 4.4-mile radius of the airport to 14 

miles northwest of Gallatin Field Airport; 

and that airspace 2.4 miles each side of the 

212° bearing of the Gallatin Field Airport, 

extending from the 4.4-mile radius of the 

airport to 7 miles northwest of Gallatin Field 

Airport. 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ANM MT E5 Bozeman, MT [Modified] 

Bozeman, Gallatin Field Airport, MT 

(Lat. 45°46′39′′ N., long. 111°09′07′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 13.5-mile 

radius of Gallatin Field Airport, and within 

4.8 miles northeast and 13 miles southwest 

of the 316° bearing of the airport extending 

from the 13.5-mile radius to 24.4 miles 

northwest of Gallatin Field Airport. 

Issued in Seattle, Washington, on June 30, 

2010. 

John Warner, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2010–17131 Filed 7–14–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–1030; Airspace 

Docket No. 09–AWP–8] 

Establishment of Class E Airspace; 

Monterey, CA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action will establish 

Class E airspace at Monterey, CA, to 

accommodate aircraft using a new Area 

Navigation (RNAV) Required Navigation 

Performance (RNP) Standard Instrument 

Approach Procedures (SIAPs) at 

Monterey Peninsula Airport. This action 

will improve the safety and 

management of Instrument Flight Rules 

(IFR) operations at the airport. 

DATES: Effective date, 0901 UTC, 

September 23, 2010. 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 November 18, 2009, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to 

establish controlled airspace at 

Monterey, CA (74 FR 59491). 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 

National Aeronautical Charting Office 

found that the legal description was 

vague and needed to be clarified to 

avoid confusion on the part of pilots 

flying in the area. Therefore, the legal 

description for Monterey Peninsula 

Airport has been reworded. This change 

does not affect the boundaries of the 

airspace area. 

Class E airspace designations are 

published in paragraph 6002 of FAA 

Order 7400.9T signed August 27, 2009, 

and effective September 15, 2009, 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 will amend Title 14 Code 

of Federal Regulations (14 CFR) part 71 

by establishing Class E surface airspace 

at Monterey Peninsula Airport, 

Monterey, CA, to accommodate IFR 

aircraft executing new RNAV (RNP) 

SIAPs at the airport. This action is 

necessary for the safety and 

management of IFR operations. With the 

exception of editorial changes, and the 

changes described 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 establishes 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Rules and Regulations 41077 

controlled airspace at Monterey 

Peninsula Airport, Monterey, CA. 

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 [Amended] 

■ 2. The incorporation by reference in 

14 CFR Part 71.1 of the Federal Aviation 

Administration Order 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, and effective 

September 15, 2009 is amended as 

follows: 

Paragraph 6002 Class E Airspace 

Designated as Surface Areas. 

* * * * * 

AWP CA, E2 Monterey, CA [New] 

Monterey Peninsula Airport, CA 

(Lat. 36°35′13′′ N., long. 121°50′35′′ W.) 

Within a 5-mile radius of the Monterey 

Peninsula Airport, and within 3 miles each 

side of the 113° bearing of the airport 

extending from the 5-mile radius of Monterey 

Peninsula Airport to 15.7 miles east of the 

airport. This Class E airspace area is effective 

during the specific dates and times 

established in advance by a Notice to 

Airmen. The effective dates and times will 

thereafter be continuously published in the 

Airport/Facility Directory. 

Issued in Seattle, Washington, on July 1, 

2010. 

John Warner, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2010–17248 Filed 7–14–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0633; Airspace 

Docket No. 10–AWP–12] 

Revision of Class E Airspace; 

Monterey, CA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action revises Class E 

airspace at Monterey Peninsula Airport, 

Monterey, CA. The FAA is taking this 

action in response to a request from the 

National Aeronautical Charting Office 

(NACO) to better clarify the legal 

description of controlled airspace 

designated as an extension to Class C 

surface area. 

DATES: Effective date, 0901 UTC, 

September 23, 2010. 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 

The FAA received a request from 

NACO to clarify the legal description of 

the existing Class E surface airspace area 

designated as an extension to Class C 

airspace area, stating it was vague and 

confusing and needed to be clarified. 

This action is in response to that 

request. 

Class E airspace designations are 

published in paragraph 6003 of FAA 

Order 7400.9T signed August 27, 2009, 

and effective September 15, 2009, 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 will amend Title 14 Code 

of Federal Regulations (14 CFR) part 71 

by revising the legal description of Class 

E airspace designated as an extension to 

Class C airspace area for Monterey 

Peninsula Airport, Monterey, CA. The 

legal description has been clarified to 

avoid confusion on the part of pilots 

flying in the Monterey, CA, area. This 

action will be in concert with a change 

in the legal description for Class E 

surface area airspace being rewritten 

under separate rulemaking. This is an 

administrative change and does not 

affect the boundaries, altitudes, or 

operating requirements of the airspace, 

therefore, notice and public procedures 

under 5 U.S.C. 553(b) are unnecessary. 

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 revises 

controlled airspace at Monterey 

Peninsula Airport, Monterey, CA. 

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. 


erowe on DSK5CLS3C1PROD with RULES