### 1750 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Rules and Regulations

[FR Doc. 2013–00287 Filed 1–7–13; 4:15 pm]

**BILLING CODE 4910–13–C**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 71**

**[Docket No. FAA–2011–1444; Airspace Docket No. 11–ASO–46]** 
**Establishment of Class E Airspace; Princeton, KY** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Final rule. **SUMMARY :**  This action establishes Class E Airspace at Princeton, KY, to accommodate the new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures serving Princeton-Caldwell County Airport. This action enhances the safety and airspace management of Instrument Flight Rules (IFR) operations within the National Airspace System. This action also makes a minor adjustment to the geographic coordinates of the airport.

**DATES :**  Effective 0901 UTC, March 7, 2013. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.

**FOR FURTHER INFORMATION CONTACT :**  John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404)
305–6364.

**SUPPLEMENTARY INFORMATION :**  History

On October 24, 2012, the FAA published in the Federal Register a notice of proposed rulemaking to establish Class E airspace at Princeton, KY (77 FR 64919) Docket No. FAA– 2011–1444. Subsequent to publication,


### 1751 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Rules and Regulations

the FAA found a typographical error in the longitude coordinates. This action makes the correction. 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 6005 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 the Order. With the exception of editorial changes, and the changes described above, this rule is the same as that proposed in the NPRM.

The Rule

This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 establishes the Class E airspace extending upward from 700 feet above the surface at Princeton, KY, to provide the controlled airspace required to accommodate the new RNAV GPS Standard Instrument ApproachProcedures developed for PrincetonCaldwell County Airport. This action is necessary for the safety and management of IFR operations at the airport. Also, the longitude coordinates of the airport are corrected from ‘long.
87 ° 51 ′ 10′′25 ′′ W to ‘long. 87 ° 51 ′ 25 ′′ W.

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, is non-controversial and unlikely to result in adverse or negative comments. It, therefore, (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 United States Code. Subtitle I, Section 106 describes 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 Princeton-Caldwell County Airport, Princeton, KY.

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. Lists 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 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 71.1 of Federal Aviation Administration Order 7400.9W, Airspace Designations and Reporting Points, dated August 8, 2012, effective September 15, 2012, is amended as follows:
Paragraph 6005 Class E Airspace Areas Extending Upward from 700 feet or More Above the Surface of the Earth.
* * * * *

ASO KY E5 Princeton, KY [New] Princeton-Caldwell County Airport

(Lat. 37 ° 6 ′ 54′′ N., long. 87 ° 51 ′ 25 ′′ W.) That airspace extending upward from 700 feet above the surface within a 6.7-mile radius of the Princeton-Caldwell County Airport. Issued in College Park, Georgia, on December 12, 2012. Barry A. Knight, Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization. [FR Doc. 2013–00286 Filed 1–7–13; 4:15 pm]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 71**

**[Docket No. FAA–2012–0867; Airspace Docket No. 12–AGL–4]** 

**RIN 2120–AA66**
**Modification of VOR Federal Airway V– 170 in the Vicinity of Devils Lake, ND** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Final rule.

**SUMMARY :**  This action modifies VHF Omnidirectional Range (VOR) Federal airway V–170 between Devils Lake, ND (DVL), and Jamestown, ND (JMS). The FAA is taking this action to ensure the airway between DVL and JMS has the necessary clearance from the western boundary of the newly established restricted area R–5402, Devils Lake, ND, to support non-radar separation requirements when the restricted area is active.

**DATES :**  Effective date 0901 UTC, March 7, 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 :**  Colby Abbott, Airspace Policy & ATC Procedures Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267–8783.

**SUPPLEMENTARY INFORMATION :**  History

On Thursday, September 6, 2012, the FAA published in the Federal Register a notice of proposed rulemaking to amend VOR Federal airway V–170 by inserting a slight ‘‘dogleg,’’ to the west, between DVL and JMS to provide the required non-radar separation and airway clearance from the newly established R–5402, Devils Lake, ND (77 FR 54860). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. One comment was received, which raised