```

[Federal Register Volume 78, Number 73 (Tuesday, April 16, 2013)]
[Rules and Regulations]
[Pages 22413-22414]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08814]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-1247; Airspace Docket No. 12-ANM-27]

Amendment of Class E Airspace; Omak, WA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action amends Class E airspace at Omak Airport, Omak, WA. 
Decommissioning of the Nondirectional Radio Beacon (NDB) has made this 
action necessary. This action also makes a minor change to the legal 
description in reference to the Class E airspace extending upward from 
4,500 feet Mean Sea Level (MSL). This improves the safety and 
management of Instrument Flight Rules (IFR) operations at the airport.

DATES: Effective date, 0901 UTC, June 27, 2013. 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 January 24, 2013, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to amend controlled airspace at 
Omak, WA (78 FR 5151). Interested parties were invited to participate 
in this rulemaking effort by submitting written comments on the 
proposal to the FAA. No comments were received.
    The FAA's Aeronautical Products Office requested the legal 
description for the Class E airspace extending upward from 4,500 feet 
MSL be rewritten for clarity. With the exception of editorial changes 
and the changes described above, this rule is the same as that proposed 
in the NPRM.
    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 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 amending Class E airspace extending upward from 700 feet 
above the surface and 1,200 feet above the surface at Omak Airport, 
Omak, WA. The Omak NDB navigation aid is being decommissioned and, 
therefore, removed from the legal description. The size and shape of 
the airspace will remain the same by using the Airport Reference Point 
in describing the airspace. This action is necessary for the safety and 
management of IFR operations.
    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 establishes 
additional controlled airspace at Omak Airport, Omak, WA.

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

[[Page 22414]]

that warrant preparation of an environmental assessment.

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

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 Part 71.1 of the Federal 
Aviation Administration Order 7400.9W, Airspace Designations and 
Reporting Points, dated August 8, 2012, and 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.

* * * * *

ANM WA E5 Omak, WA [Amended]

Omak Airport, WA
    (Lat. 48[deg]27'52'' N., long. 119[deg]31'05'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 4.3-mile radius of the Omak Airport, and within 1.8 miles 
each side of the 177[deg] bearing of the Omak Airport extending from 
the 4.3-mile radius to 7.5 miles south of the airport; that airspace 
extending upward from 1,200 feet above the surface within 6.1 miles 
east and 8.7 miles west of the 177[deg] and 357[deg] bearings of the 
Omak Airport extending from 6.5 miles north to 17.9 miles south of 
the airport; that airspace extending upward from 4,500 feet MSL 
beginning at lat. 48[deg]00'00'' N., long. 118[deg]36'04'' W.; to 
lat. 47[deg]45'00'' N., long. 118[deg]36'04'' W.; to lat. 
47[deg]45'00'' N., long. 120[deg]00'04'' W.; to lat. 48[deg]00'00'' 
N., long. 120[deg]00'04'' W.; to lat. 48[deg]00'00'' N., long. 
119[deg]35'04'' W.; to lat. 48[deg]09'46'' N., long. 119[deg]36'06'' 
W.; to lat. 48[deg]10'14'' N., long. 119[deg]23'05'' W.; to lat. 
48[deg]00'00'' N., long. 119[deg]22'24'' W., thence to the point of 
origin; that airspace extending upward from 8,500 feet MSL bounded 
on the north by the U.S./Canadian border, on the east by long. 
119[deg]00'04'' W., on the south by lat. 47[deg]59'59'' N., and on 
the west by a line from lat. 47[deg]59'59'' N., long. 
120[deg]30'04'' W.; to lat. 49[deg]00'00'' N., long. 120[deg]00'04'' 
W.

    Issued in Seattle, Washington, on April 4, 2013.
Clark Desing,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2013-08814 Filed 4-15-13; 8:45 am]
BILLING CODE 4910-13-P
```