75446 Federal Register / Vol. 76, No. 232 / Friday, December 2, 2011 / Rules and Regulations 

ACE KS E5 Olathe, Johnson County 

Executive Airport, KS [Amended] 

Olathe, Johnson County Executive Airport, 

KS. 

(Lat. 38°50′51′′ N., long. 94°44′15′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.4-mile 

radius of Johnson County Executive Airport. 

Issued in Fort Worth, Texas, on November 

9, 2011. 

Gail L. Kasson, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2011–30530 Filed 12–1–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0894; Airspace 

Docket No. 11–AWP–14] 

Amendment of Class E Airspace; 

Mercury, NV 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

airspace at Mercury, Desert Rock 

Airport, Mercury, NV. Decommissioning 

of the Mercury Non-Directional Beacon 

(NDB) at Mercury, Desert Rock Airport 

has made this action necessary for the 

safety and management of Instrument 

Flight Rules (IFR) operations at the 

airport. This action also makes a minor 

adjustment to the geographic 

coordinates in the regulatory text. 

DATES: Effective date, 0901 UTC, 

February 9, 2012. 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 September 12, 2011, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to amend 

controlled airspace at Mercury, NV (76 

FR 56127). 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 Aeronautical 

Products office made further 

adjustments to the geographic 

coordinates listed in the regulatory text, 

and is included in this rulemaking. 

Class E airspace designations are 

published in paragraph 6005, of FAA 

Order 7400.9V dated August 9, 2011, 

and effective September 15, 2011, 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 Class E airspace extending 

upward from 700 feet above the surface, 

at Mercury, Desert Rock Airport, to 

accommodate IFR aircraft approach 

procedures. The Mercury NDB has been 

decommissioned the NDB approach 

cancelled. Also, the second boundary 

coordinate listed in the regulatory text 

is adjusted to be in concert with the 

FAA’s aeronautical database. This 

action is necessary for the safety and 

management of IFR operations. With the 

exception of editorial changes and the 

changes noted 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 amends 

controlled airspace at Mercury, Desert 

Rock Airport, Mercury, NV. 

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 7400.9V, Airspace 

Designations and Reporting Points, 

dated August 9, 2011, and effective 

September 15, 2011 is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AWP NV E5 Mercury, NV [Amended] 

Mercury, Desert Rock Airport, NV 

(Lat. 36°37′10′′ N., long. 116°01′58′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 4.3-mile 

radius of the Mercury, Desert Rock Airport. 

That airspace extending upward from 1,200 

feet above the surface within the area 

bounded by a line beginning at lat. 36°41′00′′ 

N., long. 116°26′33′′ W.; to lat. 36°41′00′′ N., 

long. 115°56′03′′ W.; to lat. 36°16′00′′ N., 

long. 115°56′03′′ W.; to lat. 36°16′00′′ N., 

long. 116°08′03′′ W.; to lat. 36°36′00′′ N., 

long. 116°26′33′′ W.; thence to the point of 

beginning, excluding the portion within 

Restricted Area R–4808N. 

Issued in Seattle, Washington, on 

November 21, 2011. 

Robert Henry, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2011–30884 Filed 12–1–11; 8:45 am] 

BILLING CODE 4910–13–M 


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