### 25384 Federal Register / Vol. 78, No. 84 / Wednesday, May 1, 2013 / Rules and Regulations

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 71**

**[Docket No. FAA–2012–1051; Airspace Docket No. 12–ASO–39]** 

**Establishment of Class E Airspace; Immokalee, FL** 

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

**ACTION :**  Final rule.

**SUMMARY :**  This action establishes Class E Airspace at Immokalee, FL, to accommodate the Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures at Big Cypress Airfield. This action enhances the safety and airspace management of Instrument Flight Rules (IFR) operations within the National Airspace System.

**DATES :**  Effective 0901 UTC, June 27, 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 January 30, 2013, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to establish Class E airspace at Immokalee, FL (78 FR 6262) Docket No. FAA–2012–1051. 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.

The Rule

This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 establishes Class E airspace extending upward from 700 feet above the surface within a 6.7-mile radius of the airport at Immokalee, FL, providing the controlled airspace required to accommodate the new RNAV (GPS) Standard Instrument Approach Procedures developed for Big Cypress Airfield. This action is necessary for the safety and management of IFR operations at the airport.

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.

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 Big Cypress Airfield, Immokalee, FL.

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 FL E5 Immokalee, FL [New] Big Cypress Airfield, FL

(Lat. 26 ° 19 ′ 34 ′′ N., long. 80 ° 59 ′ 17 ′′ W.) That airspace extending upward from 700 feet above the surface within a 6.7-mile radius of Big Cypress Airfield.

Issued in College Park, Georgia, on April 22, 2013. Barry A. Knight, Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization.
[FR Doc. 2013–10214 Filed 4–30–13; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 97**

**[Docket No. 30896; Amdt. No. 3531]**

**Standard Instrument Approach Procedures, and Takeoff Minimums**  **and Obstacle Departure Procedures; Miscellaneous Amendments** 

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

**ACTION :**  Final rule.

**SUMMARY :**  This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new


### 25385 Federal Register / Vol. 78, No. 84 / Wednesday, May 1, 2013 / Rules and Regulations

or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

**DATES :**  This rule is effective May 1, 2013. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions.

The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of May 1,
2013.

**ADDRESSES :**  Availability of matters incorporated by reference in the amendment is as follows:

For Examination — 1. FAA Rules Docket, FAA Headquarters Building, 800 Independence Avenue SW., Washington, DC 20591;

2. The FAA Regional Office of the region in which the affected airport is located;

3. The National Flight Procedures Office, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or,

4. 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. Availability —All SIAPs and Takeoff Minimums and ODPs are available online free of charge. Visit http:// www.nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from:

1. FAA Public Inquiry Center (APA– 200), FAA Headquarters Building, 800 Independence Avenue SW., Washington, DC 20591; or

2. The FAA Regional Office of the region in which the affected airport is located.

**FOR FURTHER INFORMATION CONTACT :**  Richard A. Dunham III, Flight Procedure Standards Branch (AFS–420), Flight Technologies and Programs Divisions, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125) Telephone: (405) 954–4164. **SUPPLEMENTARY INFORMATION :**  This rule amends Title 14 of the Code of Federal Regulations, Part 97 (14 CFR part 97), by establishing, amending, suspending, or revoking SIAPS, Takeoff Minimums and/or ODPS. The complete regulators description of each SIAP and its associated Takeoff Minimums or ODP for an identified airport is listed on FAA form documents which are incorporated by reference in this amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20. The applicable FAA Forms are FAA Forms 8260–3, 8260–4, 8260– 5, 8260–15A, and 8260–15B when required by an entry on 8260–15A.

The large number of SIAPs, Takeoff Minimums and ODPs, in addition to their complex nature and the need for a special format make publication in the Federal Register expensive and impractical. Furthermore, airmen do not use the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead refer to their depiction on charts printed by publishers of aeronautical materials. The advantages of incorporation by reference are realized and publication of the complete description of each SIAP, Takeoff Minimums and ODP listed on FAA forms is unnecessary. This amendment provides the affected CFR sections and specifies the types of SIAPs and the effective dates of the, associated Takeoff Minimums and ODPs. This amendment also identifies the airport and its location, the procedure, and the amendment number.

The Rule

This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP, Takeoff Minimums and ODP as contained in the transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments may have been issued previously by the FAA in a Flight Data Center (FDC) Notice to Airmen (NOTAM) as an emergency action of immediate flight safety relating directly to published aeronautical charts. The circumstances which created the need for some SIAP and Takeoff Minimums and ODP amendments may require making them effective in less than 30 days. For the remaining SIAPS and Takeoff Minimums and ODPS, an effective date at least 30 days after publication is provided.

Further, the SIAPs and Takeoff Minimums and ODPS contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these SIAPS and Takeoff Minimums and ODPs, the TERPS criteria were applied to the conditions existing or anticipated at the affected airports. Because of the close and immediate relationship between these SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find that notice and public procedures before adopting these SIAPS, Takeoff Minimums and ODPs are impracticable and contrary to the public interest and, where applicable, that good cause exists for making some SIAPs effective in less than 30 days.

Conclusion

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. 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. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 97

Air traffic control, Airports, Incorporation by reference, and Navigation (air).

Issued in Washington, DC on April 12,
2013. John M. Allen, Director, Flight Standards Service. Adoption of the Amendment

Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by establishing, amending, suspending, or revoking Standard Instrument Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure Procedures effective at 0902 UTC on the dates specified, as follows:

**PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES** 

■ 1. The authority citation for part 97 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721–44722.

■ 2. Part 97 is amended to read as follows:

Effective 30 MAY 2013 Miami, FL, Miami Intl, RNAV (GPS) Z RWY

8R, Amdt 1A


### 25386 Federal Register / Vol. 78, No. 84 / Wednesday, May 1, 2013 / Rules and Regulations

Atlanta, GA, DeKalb-Peachtree, ILS OR LOC

RWY 21L, Amdt 8A Atlanta, GA, DeKalb-Peachtree, VOR/DME

RWY 21L, Amdt 2A Burley, ID, Burly Muni, Takeoff Minimums

and Obstacle DP, Amdt 5A Mount Pleasant, SC, Mt Pleasant Rgnl-Faison

Field, RNAV (GPS) RWY 17, Orig-A Mount Pleasant, SC, Mt Pleasant Rgnl-Faison

Field, RNAV (GPS) RWY 35, Orig-A
Effective 27 JUNE 2013 Kake, AK, Kake, KAKE THREE, Graphic DP Valdez, AK, Valdez Pioneer Field, LDA/

DME–H, Amdt 2A Ozark, AL, Blackwell Field, GPS RWY 30,

Orig, CANCELED Ozark, AL, Blackwell Field, RNAV (GPS)

RWY 13, Orig Ozark, AL, Blackwell Field, RNAV (GPS)

RWY 31, Orig Ozark, AL, Blackwell Field, Takeoff

Minimums and Obstacle DP, Amdt 2 Ozark, AL, Blackwell Field, VOR RWY 31,

Amdt 7 Talladega, AL, Talladega Muni, ILS OR LOC/

DME RWY 4, Orig-A Talladega, AL, Talladega Muni, RNAV (GPS)

RWY 4, Amdt 1B Talladega, AL, Talladega Muni, RNAV (GPS)

RWY 22, Amdt 1A Talladega, AL, Talladega Muni, Takeoff

Minimums and Obstacle DP, Amdt 3 Talladega, AL, Talladega Muni, VOR/DME

RWY 4, Amdt 6 San Francisco, CA, San Francisco Intl, ILS

PRM RWY 28L (SIMULTANEOUS CLOSE PARALLEL), Amdt 2A San Francisco, CA, San Francisco Intl, LDA

PRM RWY 28R (SIMULTANEOUS CLOSE PARALLEL), Amdt 1B Aspen, CO, Aspen-Pitkin CO/Sardy Field,

SARDD THREE, Graphic DP Tompkinsville, KY, Tomkinsville-Monroe

County, RNAV (GPS) RWY 4, Amdt 1 Mansfield, MA, Mansfield Muni, Takeoff

Minimums and Obstacle DP, Amdt 2A Provincetown, MA, Provincetown Muni, ILS

OR LOC RWY 7, Amdt 8B Provincetown, MA, Provincetown Muni,

NDB RWY 25, Amdt 2B Provincetown, MA, Provincetown Muni,

RNAV (GPS) RWY 7, Orig-D Provincetown, MA, Provincetown Muni,

RNAV (GPS) RWY 25, Orig-B Cape Girardeau, MO, Cape Girardeau Rgnl,

ILS OR LOC RWY 10, Amdt 12 Cape Girardeau, MO, Cape Girardeau Rgnl,

LOC/DME BC RWY 28, Amdt 8 Cape Girardeau, MO, Cape Girardeau Rgnl,

Takeoff Minimums and Obstacle DP, Amdt
9 Cape Girardeau, MO, Cape Girardeau Rgnl,

VOR RWY 2, Amdt 11 Cape Girardeau, MO, Cape Girardeau Rgnl,

VOR RWY 10, Amdt 3 Charleston, MO, Mississippi County, NDB

RWY 36, Amdt 4 Sikeston, MO, Sikeston Memorial Muni, VOR

RWY 20, Amdt 4 Teterboro, NJ, Teterboro, RNAV (GPS) Y

RWY 6, Amdt 2A Teterboro, NJ, Teterboro, RNAV (RNP) RWY

19, Orig-C Teterboro, NJ, Teterboro, RNAV (RNP) Z

RWY 6, Orig-C London, OH, Madison County, NDB RWY 9, Amdt 9, CANCELED Miller, SD, Miller Muni, RNAV (GPS) RWY

15, Amdt 1 Miller, SD, Miller Muni, RNAV (GPS) RWY

33, Amdt 1 Livingston, TN, Livingston Muni, RNAV

(GPS) RWY 3, Amdt 1 Livingston, TN, Livingston Muni, RNAV

(GPS) RWY 21, Amdt 1 Burnet, TX, Burnet Muni/Kate Craddock

Field, NDB RWY 1, Amdt 6, CANCELED Salt Lake City, UT, Salt Lake City Intl, ILS

OR LOC/DME RWY 35, Amdt 3A, CANCELED Salt Lake City, UT, Salt Lake City Intl, LDA/

DME RWY 35, Orig Farmville, VA, Farmville Rgnl, NDB RWY 3,

Amdt 6A Farmville, VA, Farmville Rgnl, RNAV (GPS)

RWY 3, Orig-A Farmville, VA, Farmville Rgnl, RNAV (GPS)

RWY 21, Orig-A New Richmond, WI, New Richmond

Regional, NDB RWY 14, Amdt 3, CANCELED
RESCINDED: On March 28, 2013 (78 FR 18806), the FAA published an Amendment in Docket No. 30891, Amdt No. 3526 to Part 97 of the Federal Aviation Regulations under section 97.33. The following entry for Dallas, TX, effective 30 May 2013 is hereby rescinded in its entirety: Dallas, TX, Dallas Love Field, ILS OR LOC

RWY 31R, Amdt 5B

[FR Doc. 2013–09950 Filed 4–30–13; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 97**

**[Docket No. 30897; Amdt. No. 3532]**

**Standard Instrument Approach Procedures, and Takeoff Minimums**  **and Obstacle Departure Procedures; Miscellaneous Amendments** 

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

**ACTION :**  Final rule.

**SUMMARY :**  This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

**DATES :**  This rule is effective May 1, 2013. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions.

The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of May 1,
2013.

**ADDRESSES :**  Availability of matter incorporated by reference in the amendment is as follows:

For Examination — 1. FAA Rules Docket, FAA Headquarters Building, 800 Independence Avenue SW., Washington, DC 20591;

2. The FAA Regional Office of the region in which the affected airport is located;

3. The National Flight Procedures Office, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or,

4. 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. Availability —All SIAPs are available online free of charge. Visit nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from:

1. FAA Public Inquiry Center (APA– 200), FAA Headquarters Building, 800 Independence Avenue SW., Washington, DC 20591; or

2. The FAA Regional Office of the region in which the affected airport is located.

**FOR FURTHER INFORMATION CONTACT :**  Richard A. Dunham III, Flight Procedure Standards Branch (AFS–420) Flight Technologies and Programs Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK. 73125) telephone: (405) 954–4164.

**SUPPLEMENTARY INFORMATION :**  This rule amends Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs. The complete regulatory description of each SIAP is listed on the appropriate FAA Form 8260, as modified by the National Flight Data Center (FDC)/Permanent Notice to Airmen (P–NOTAM), and is incorporated by reference in the