Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Rules and Regulations 27029 

[FR Doc. 2013–10811 Filed 5–8–13; 8:45 am] 

BILLING CODE 4910–13–C 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2013–0031; Airspace 

Docket No. 12–AWA–7] 

Modification of Class C Airspace; 

Nashville International Airport; TN 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies the 

Nashville International Airport, TN, 

Class C airspace area by removing a 

cutout from the surface area that was 

put in place to accommodate operations 

at an airport that is now permanently 

closed. The FAA is taking this action to 

ensure the safe and efficient operations 

at Nashville International 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 


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27030 Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Rules and Regulations 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: Paul 

Gallant, Airspace Policy and ATC 

Procedures Group, Office of Airspace 

Services, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

On January 30, 2013, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to modify the Nashville International 

Airport, TN, Class C airspace area (78 

FR 6257). Interested parties were invited 

to participate in this rulemaking effort 

by submitting written comments on the 

proposal. Five comments were received. 

Discussion of Comments 

Four commenters wrote in support of 

the proposal. One commenter 

contended that the FAA did not provide 

justification for increasing the size of 

the Class C surface area and failed to 

show an actual need for additional Class 

C airspace. The commenter asserted that 

retention of the cutout allows greater 

options for aircraft transiting the Class 

C airspace area. 

The FAA does not agree. The sole 

purpose of the surface area cutout was 

to allow aircraft to operate freely to and 

from the Cornelia Fort Airpark without 

the need to contact air traffic control 

(ATC). Since that airport is now 

permanently closed, the cutout serves 

no useful purpose. The small size, 

location and configuration of the cutout 

does not provide any significant benefit 

to transiting aircraft. An aircraft entering 

the cutout (below 2,400 feet MSL) 

would still need to communicate with 

ATC prior to entering the Class C 

airspace area or would be faced with 

tight maneuvering to avoid entering the 

Class C. Instances have been observed 

where aircraft attempting to exit the 

cutout have inadvertently entered the 

Class C airspace area. Further, the 

cutout boundary lies less than one mile 

from Nashville International Airport’s 

final approach courses to Runways 13 

and 20R, inside the final approach fix 

(FAF), causing concern to traffic landing 

on the south parallels and Runway 13. 

Removing the cutout ensures continued 

safe and efficient operations at 

Nashville International Airport. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

modifying Nashville International 

Airport Class C airspace, removing a 

cutout from the Class C surface area. 

The cutout was put in place to exclude 

the airspace within a 1.5 NM radius of 

the former Cornelia Fort Airpark from 

the Class C surface area. The sole 

purpose for the exclusion was to 

accommodate operations at the Airpark, 

which was located about 4 NM north 

northwest of Nashville International 

Airport. The Airpark is now 

permanently closed and the property 

sold for non-aviation uses. Since the 

original purpose of the exclusion no 

longer exists, the FAA is removing the 

words ‘‘. . . excluding that airspace 

within a 1.5-mile radius of lat. 36°12′00′′ 

N., long. 86°42′10′′ W. (in the vicinity of 

Cornelia Fort Airpark) . . .’’ from the 

Class C airspace description. This 

restores the Class C surface area to 

within a 5–NM radius of Nashville 

International Airport and enhances the 

safe and efficient management of aircraft 

operations at the airport. 

In addition, a minor correction is 

made to update the geographic 

coordinates of the Nashville 

International Airport to reflect the 

current information in the FAA’s 

aeronautical database. This change 

removes ‘‘lat. 36°07′31′′ N., long. 

86°40′35′′ W.,’’ and inserts ‘‘lat. 

36°07′28′′ N., long. 86°40′42′′ W.’’. 

Except for editorial changes this rule is 

the same as published in the NPRM. 

Class C airspace areas are published 

in paragraph 4000 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 C airspace area 

amendment in this document will be 

published subsequently in the Order. 

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 Department of 

Transportation (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 the 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 a portion of the terminal 

airspace structure at Nashville 

International Airport, Nashville, TN. 

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 

■ 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 FAA Order 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012 and 

effective September 15, 2012, is 

amended as follows: 

Paragraph 4000 Class C Airspace. 

* * * * * 

ASO TN C Nashville International Airport, 

TN [Amended] 

Nashville International Airport, TN 

(Lat. 36°07′28′′ N., long. 86°40′42′′ W.) 

Boundaries 

That airspace extending upward from the 

surface to and including 4,600 feet MSL 

within a 5-mile radius of Nashville 

International Airport; and that airspace 


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Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Rules and Regulations 27031 

extending upward from 2,100 feet MSL to 

and including 4,600 feet MSL within a 10- 

mile radius of Nashville International Airport 

from the 018° bearing from the airport 

clockwise to the 198° bearing from the 

airport, and that airspace extending upward 

from 2,400 feet MSL to and including 4,600 

feet MSL within a 10-mile radius of the 

airport from the 198° bearing from the airport 

clockwise to the 018° bearing from the 

airport. 

Issued in Washington, DC, on May 1, 2013. 

Ellen Crum, 

Acting Manager, Airspace Policy and ATC 

Procedures Group. 

[FR Doc. 2013–10810 Filed 5–8–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–0831; Airspace 

Docket No. 12–AEA–13] 

Amendment of Class E Airspace; 

Kingston, NY 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

Airspace at Kingston, NY, creating 

controlled airspace to accommodate 

new Standard Instrument Approach 

Procedures at Kingston-Ulster Airport. 

This action enhances the safety and 

management of Instrument Flight Rules 

(IFR) operations at the airport. This 

action also updates the geographic 

coordinates of the airport. 

DATES: Effective 0901 UTC, August 22, 

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 to amend 

Class E airspace at Kingston, NY (78 FR 

6260) Docket No. FAA–2012–0831. 

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 

amends the Class E airspace extending 

upward from 700 feet above the surface 

at Kingston, NY to accommodate the 

new area navigation global positioning 

system Standard Instrument Approach 

Procedures developed for KingstonUlster Airport. Runway 15 is being 

extended 700 feet and the controlled 

airspace area is increased to within an 

8.6-mile radius of the airport due to 

terrain in the surrounding area. Also, 

the geographic coordinates of the airport 

are adjusted to coincide with the FAA’s 

aeronautical database. 

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 amends 

controlled airspace at Kingston-Ulster 

Airport, Kingston, NY. 

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. 

* * * * * 

AEA NY E5 Kingston, NY [Amended] 

Kingston-Ulster Airport 

(Lat. 41°59′07′′ N., long 73°57′52′′ W.) 

That airspace extending upward from 700 

feet above the surface of the Earth within an 

8.6-mile radius of Kingston-Ulster Airport. 

Issued in College Park, Georgia, on April 

30, 2013. 

Barry A. Knight, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2013–10815 Filed 5–8–13; 8:45 am] 

BILLING CODE 4910–13–P 


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