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[Federal Register: March 18, 2010 (Volume 75, Number 52)]
[Rules and Regulations]               
[Page 12975]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr10-9]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-1057; Airspace Docket No. 09-AWP-9]

 
Establishment of Class E Airspace; Battle Mountain, NV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action will establish Class E airspace at Battle 
Mountain, NV, to accommodate aircraft using the VHF Omni-Directional 
Radio Range (VOR)/Distant Measuring Equipment (DME) Standard Instrument 
Approach Procedures (SIAPs) at Battle Mountain Airport. This will 
improve the safety and management of Instrument Flight Rules (IFR) 
operation at the airport.

DATES: Effective Date: 0901 UTC, June 3, 2010. 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 December 18, 2009, the FAA published in the Federal Register a 
notice of proposed rulemaking to establish additional controlled 
airspace at Battle Mountain, NV (74 FR 67143). 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 6002 of 
FAA Order 7400.9T signed August 27, 2009, and effective September 15, 
2009, which is incorporated by reference in 14 CFR part 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 establishing Class E airspace for the Battle Mountain, NV, 
area adding additional controlled airspace extending upward from the 
surface to accommodate IFR aircraft executing a VOR/DME approach 
procedure at Battle Mountain Airport. This action is necessary for the 
safety and management of IFR operations at the airport.
    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 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 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 establishes 
additional controlled airspace at Battle Mountain Airport, Battle 
Mountain, NV.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
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 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.


Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9T, Airspace Designations and 
Reporting Points, signed August 27, 2009, and effective September 15, 
2009 is amended as follows:

Paragraph 6002 Class E airspace Designated as Surface Areas.

* * * * *

AWP NV E2 Battle Mountain, NV [New]

Battle Mountain Airport, NV
    (Lat. 40[deg]35[min]'57[sec] N., long. 116[deg]52[min]28[sec] 
W.)

    Within a 4.2-mile radius of Battle Mountain Airport, and within 
1.4 miles each side of the 218[deg] bearing extending from the 4.2-
mile radius to 7.4 miles southwest of the Battle Mountain Airport. 
This Class E airspace area is effective during the specific dates 
and times established in advance by a Notice to Airmen. The 
effective date and time will thereafter be continuously published in 
the Airport/Facility Directory.

    Issued in Seattle, Washington, on March 3, 2010.
Clark Desing,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2010-5606 Filed 3-17-10; 8:45 am]
BILLING CODE 4910-13-P
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