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[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Rules and Regulations]
[Pages 58382-58383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20145]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2015-3599; Airspace Docket No. 15-AGL-14]

Establishment of Class E Airspace; Dupree, SD

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E en route domestic airspace in 
the Dupree, SD, area. Controlled airspace is necessary to facilitate 
vectoring of Instrument Flight Rules (IFR) aircraft under control of 
Minneapolis Air Route Traffic Control Center (ARTCC). This action 
enhances the safety and efficiency of IFR operations within the 
National Airspace System. This action also removes the Federal airways 
exclusionary language from the regulatory text.

DATES: Effective 0901 UTC, November 10, 2016. 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.

ADDRESSES: FAA Order 7400.9Z, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed on line at http://www.faa.gov/air_traffic/publications/. For further information, you can 
contact the Airspace Policy Group, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone: 202-267-8783. 
The Order is also available for inspection at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Raul Garza, Jr., Central Service 
Center, Operations Support Group, Federal Aviation Administration, 
Southwest Region, 10101 Hillwood Parkway, Fort Worth, TX 76177; 
telephone: (817) 222-5874.

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking

    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

[[Page 58383]]

controlled airspace in the Dupree, SD, area.

History

    On February 17, 2016, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to establish Class E Airspace in 
the Dupree, SD area. (81 FR 8027) Docket No. FAA-2015-3599. 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, exclusionary language for 
Federal airways was inadvertently added to the regulatory text.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.9Z, airspace Designations and 
Reporting Points, dated August 6, 2015, and effective September 15, 
2015. FAA Order 7400.9Z is publicly available as listed in the 
ADDRESSES section of this document. FAA Order 7400.9Z lists Class A, B, 
C, D, and E airspace areas, air traffic service routes, and reporting 
points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR) 
part 71 establishes Class E airspace extending upward from 1,200 feet 
above the surface in the Dupree, SD area, to facilitate vectoring of 
IFR aircraft under control of Minneapolis ARTCC. Controlled airspace is 
needed for the safety and management of IFR operations in the National 
Airspace System. Exclusionary language for Federal airways in the 
regulatory text is removed.
    Class E airspace designations are published in Paragraph 6006 of 
FAA Order 7400.9Z, dated August 6, 2015, and effective September 15, 
2015, 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.

Regulatory Notices and Analyses

    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 only affects air traffic procedures and air navigation, it is 
certified that 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.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1F, ``Environmental Impacts: Policies and 
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to 
cause any potentially significant environmental impacts, and no 
extraordinary circumstances exists 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

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120, E.O. 
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Z, 
Airspace Designations and Reporting Points, dated August 6, 2015, 
effective September 15, 2015, is amended as follows:

Paragraph 6006 En Route Domestic Airspace Areas

* * * * *

AGL SD E6 Dupree, SD [New]

    That airspace extending upward from 1,200 feet above the surface 
within an area bounded by lat. 46[deg]43'39'' N., long. 
099[deg]00'09'' W.; to lat. 46[deg]43'12'' N., long. 098[deg]27'11'' 
W.; to lat. 45[deg]53'47'' N., long. 098[deg]15'19'' W.; to lat. 
45[deg]15'09'' N., long. 098[deg]45'49'' W.; to lat. 44[deg]40'45'' 
N., long. 099[deg]45'58'' W.; to lat. 44[deg]44'16'' N., long. 
100[deg]47'46'' W.; to lat. 44[deg]52'34'' N., long. 100[deg]57'29'' 
W.; to lat. 45[deg]28'56'' N., long. 102[deg]46'15'' W.; to lat. 
45[deg]34'49'' N., long. 102[deg]46'44'' W.; to lat. 45[deg]40'17'' 
N., long. 099[deg]00'09'' W., thence to the point of beginning.

    Issued in Fort Worth, TX, on August 15, 2016.
Christopher L. Southerland,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2016-20145 Filed 8-24-16; 8:45 am]
 BILLING CODE 4910-13-P
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