[Federal Register Volume 74, Number 146 (Friday, July 31, 2009)]
[Proposed Rules]
[Pages 38142-38143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18244]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0504; Airspace Docket No. 09-AGL-7]


Proposed Amendment of Class E Airspace; Tioga, ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E airspace at Tioga, ND. 
Additional controlled airspace is necessary to accommodate new Standard 
Instrument Approach Procedures (SIAPs) at Tioga Municipal Airport, 
Tioga, ND. This action also amends the geographic coordinates of Tioga 
Municipal Airport. The FAA is taking this action to enhance the safety 
and management of Instrument Flight Rules (IFR) operations for SIAPs at 
Tioga Municipal Airport.

DATES: 0901 UTC. Comments must be received on or before September 14, 
2009.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West 
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You 
must identify the docket number FAA-2009-0504/Airspace Docket No. 09-
AGL-7, at the beginning of your comments. You may also submit comments 
through the Internet at http://www.regulations.gov. You may review the 
public docket containing the proposal, any comments received, and any 
final disposition in person in the Dockets Office between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The Docket Office 
(telephone 1-800-647-5527), is on the ground floor of the building at 
the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center, 
Operations Support Group, Federal Aviation Administration, Southwest 
Region, 2601 Meacham Blvd, Fort Worth, TX 76137; telephone: (817) 321-
7716.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments, as 
they may desire. Comments that provide the factual basis supporting the 
views and suggestions

[[Page 38143]]

presented are particularly helpful in developing reasoned regulatory 
decisions on the proposal. Comments are specifically invited on the 
overall regulatory, aeronautical, economic, environmental, and energy-
related aspects of the proposal. Communications should identify both 
docket numbers and be submitted in triplicate to the address listed 
above. Commenters wishing the FAA to acknowledge receipt of their 
comments on this notice must submit with those comments a self-
addressed, stamped postcard on which the following statement is made: 
``Comments to Docket No. FAA-2009-0504/Airspace Docket No. 09-AGL-7.'' 
The postcard will be date/time stamped and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
Internet at http://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    Additionally, any person may obtain a copy of this notice by 
submitting a request to the Federal Aviation Administration (FAA), 
Office of Air Traffic Airspace Management, ATA-400, 800 Independence 
Avenue, SW., Washington, DC 20591, or by calling (202) 267-8783. 
Communications must identify both docket numbers for this notice. 
Persons interested in being placed on a mailing list for future NPRM's 
should contact the FAA's Office of Rulemaking (202) 267-9677, to 
request a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution System, which describes the application 
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations 
(14 CFR), part 71 by adding additional Class E airspace extending 
upward from 700 feet above the surface for SIAPs operations at Tioga 
Municipal Airport, Tioga, ND. This action would also amend the 
geographic coordinates of Tioga Municipal Airport. Controlled airspace 
is needed for the safety and management of IFR operations at the 
airport.
    Class E airspace areas are published in Paragraph 6005 of FAA Order 
7400.9S, dated October 3, 2008, and effective October 31, 2008, which 
is incorporated by reference in 14 CFR 71.1. The Class E airspace 
designation listed in this document would be published subsequently in 
the Order.
    The FAA has determined that this proposed regulation only involves 
an established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
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 U.S. Code. Subtitle 1, 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 would add additional controlled airspace at Tioga Municipal 
Airport, Tioga, ND.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 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.


Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 
7400.9S, Airspace Designations and Reporting Points, dated October 3, 
2008, and effective October 31, 2008, is amended as follows:

Paragraph 6005 Class E Airspace areas extending upward from 700 
feet or more above the surface of the earth.

* * * * *

AGL ND E5 Tioga, ND [Amended]

Tioga, Tioga Municipal Airport, ND
    (Lat. 48[deg]22[min]50[sec] N., long. 102[deg]53[min]53[sec] W.)
Minot AFB, ND
    (Lat. 48[deg]24[min]57[sec] N., long. 101[deg]21[min]29[sec] W.)
Williston VORTAC
    (Lat. 48[deg]15[min]12[sec] N., long. 103[deg]45[min]02[sec] W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.7-mile radius of Tioga Municipal Airport and within 4 
miles either side of the 133[deg] bearing from the Tioga Municipal 
Airport extending from the 6.7-mile radius to 10.2 miles southeast 
of the airport; and that airspace extending upward from 1,200 feet 
above the surface bounded on the north by latitude 
49[deg]00[min]00[sec] N, on the east by the 47-mile radius of Minot 
AFB, on the south by V-430, on the southwest by the 21.8-mile radius 
of the Williston VORTAC, and on the west by the North Dakota/Montana 
state boundary.
* * * * *

    Issued in Fort Worth, TX, on July 23, 2009.
Anthony D. Roetzel,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. E9-18244 Filed 7-30-09; 8:45 am]
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