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[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Rules and Regulations]
[Pages 5169-5170]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1825]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0250; Airspace Docket No. 11-AGL-6]

Amendment of Class E Airspace; South Bend, IN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace in the South Bend, IN, 
area. Additional controlled airspace is necessary to accommodate new 
Area Navigation (RNAV) Standard Instrument Approach Procedures at Jerry 
Tyler Memorial Airport, Niles, IN. The FAA is taking this action to 
enhance the safety and management of Instrument Flight Rule (IFR) 
operations at the airport. The

[[Page 5170]]

geographic coordinates and name of a navigation aid also will be 
corrected.

DATES: Effective date: 0901 UTC, April 5, 2012. 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: 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: 

History

    On August 10, 2011, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to amend Class E airspace for the 
South Bend, IN, area, creating additional controlled airspace at Jerry 
Tyler Memorial Airport (76 FR 49385) Docket No. FAA-2011-0250. 
Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal to the FAA. No 
comments were received. Subsequent to publication, errors was found in 
the name of the South Bend ILS Outer Marker and the geographic 
coordinates of the Gipper VORTAC. This rule will make the corrections 
to be in concert with the FAAs aeronautical database. Class E airspace 
designations are published in paragraph 6005 of FAA Order 7400.9V dated 
August 9, 2011, and effective September 15, 2011, 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 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 to accommodate new standard instrument approach 
procedures at Jerry Tyler Memorial Airport, Niles, IN. This action is 
necessary for the safety and management of IFR operations at the 
airport. This action also corrects the name of the South Bend ILS Outer 
Marker to the Misha Outer Marker, and adjusts the geographic 
coordinates of the Gipper VORTAC in the airspace designation and 
regulatory text. With the exception of editorial changes and the 
changes described above, this action is the same as that proposed in 
the NPRM.
    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. 
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, 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 amends controlled airspace in the South Bend, IN, area.

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 7400.9V, Airspace Designations and 
Reporting Points, dated August 9, 2011, and effective September 15, 
2011, is amended as follows:

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

* * * * *

AGL IN E5 South Bend, IN [Amended]

South Bend, South Bend Regional Airport, IN
    (Lat. 41[deg]42'30'' N., long. 86[deg]19'02'' W.)
Niles, Jerry Tyler Memorial Airport, IN
    (Lat. 41[deg]50'09'' N., long. 86[deg]13'31'' W.)
Gipper VORTAC
    (Lat. 41[deg]46'07'' N., long. 86[deg]19'07'' W.)
South Bend ILS Localizer
    (Lat. 41[deg]42'15'' N., long. 86[deg]19'59'' W.)
Misha Outer Marker
    (Lat. 41[deg]42'20'' N., long. 86[deg]13'09'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 8-mile radius of South Bend Regional Airport, and within 
4.4 miles south and 7 miles north of the South Bend ILS Localizer 
East Course, extending from South Bend Regional Airport to 10.5 
miles east of the Misha outer marker, and within 4.4 miles west and 
7 miles east of the Gipper VORTAC 001[deg] radial extending from the 
South Bend Regional Airport to 10.5 miles north of the VORTAC, and 
within a 6.4-mile radius of Jerry Tyler Memorial Airport, and within 
4 miles northwest and 8 miles southeast of the Gipper VORTAC 
226[deg] radial extending from the 6.4-mile radius of Jerry Tyler 
Memorial Airport to 15.4 miles southwest of the airport.

    Issued in Fort Worth, Texas, on January 13, 2012.
Walter L. Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2012-1825 Filed 2-1-12; 8:45 am]
BILLING CODE 4910-13-P
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