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[Federal Register Volume 78, Number 111 (Monday, June 10, 2013)]
[Rules and Regulations]
[Pages 34556-34557]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13362]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0194; Airspace Docket No. 13-ANM-10]

Establishment of Class E Airspace; Tobe, CO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace at the Tobe VHF Omni-
Directional Radio Range/Distance Measuring Equipment (VOR/DME), Tobe, 
CO, to facilitate vectoring of Instrument Flight Rules (IFR) aircraft 
under control of Denver and Albuquerque Air Route Traffic Control 
Centers (ARTCCs). This improves the safety and management of Instrument 
Flight Rules (IFR) operations within the National Airspace System.

DATES: Effective date, 0901 UTC, August 22, 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 March 26, 2013, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to establish controlled airspace 
at Tobe, CO (78 FR 18264). 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 6006, 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 that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
Part 71 by establishing Class E en route domestic airspace extending 
upward from 1,200 feet above the surface, at the Tobe VOR/DME 
navigation aid, Tobe, CO, to accommodate IFR aircraft under control of 
Denver and Albuquerque ARTCC by vectoring aircraft from en route 
airspace to terminal areas. 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 
only affects air traffic procedures and air navigation, it is certified 
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 U.S. Code. 
Subtitle 1, Section 106 discusses the authority of the FAA 
Administrator. Subtitle VII, Aviation

[[Page 34557]]

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 the Tobe VOR/DME navigation 
aid, Tobe, CO.

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.

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 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 6006 En Route Domestic Airspace Areas.

* * * * *

ANM COE6 Tobe, CO [New]

Tobe VOR/DME, CO
    (Lat. 37[deg]15'31'' N., long. 103[deg]36'00'' W.)

    That airspace extending upward from 1,200 feet above the surface 
within an area bounded by lat. 36[deg]17'00'' N., long. 
104[deg]14'00'' W.; to lat. 36[deg]59'57'' N., long. 104[deg]18'04'' 
W.; to lat. 39[deg]40'23'' N., long. 103[deg]29'02'' W.; to lat. 
39[deg]00'35'' N., long. 101[deg]59'12'' W.; to lat. 38[deg]33'23'' 
N., long. 101[deg]59'12'' W.; to lat. 37[deg]29'58'' N., long. 
102[deg]33'04'' W.; to lat. 37[deg]00'17'' N., long. 102[deg]09'21'' 
W.; thence to the point of beginning.

    Issued in Seattle, Washington, on May 24, 2013.
Clark Desing,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2013-13362 Filed 6-7-13; 8:45 am]
BILLING CODE 4910-13-P
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