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[Federal Register Volume 78, Number 109 (Thursday, June 6, 2013)]
[Rules and Regulations]
[Pages 33967-33968]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13105]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-1335; Airspace Docket No. 12-ASO-19]

Establishment of Class E Airspace; Captiva, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E Airspace at Captiva, FL, to 
accommodate a new Area Navigation (RNAV) Global Positioning System 
(GPS) special Standard Instrument Approach Procedure (SIAP) serving 
Upper Captiva Island Heliport. This action enhances the safety and 
airspace management of Instrument Flight Rules (IFR) operations within 
the National Airspace System. Also, geographic coordinates are 
corrected under their proper heading.

DATES: Effective 0901 UTC, June 27, 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 March 6, 2013, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to establish Class E airspace at 
Captiva, FL (78 FR 14474). 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 the FAA found that the heliport coordinates were 
incorrectly listed as point in space coordinates; and point in space 
coordinates were inadvertently omitted. This action makes the 
correction. Except for editorial changes and the changes listed above, 
this rule is the same as published 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 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 establishes Class E airspace extending upward from 700 feet 
above the surface at Captiva, FL, providing the controlled airspace 
required to support the new Copter RNAV (GPS) special standard 
instrument approach procedures for Upper Captiva Island Heliport. 
Controlled airspace within a 6-mile radius of the point in space 
coordinates of the heliport is necessary for the safety and management 
of IFR operations at the heliport. Geographic coordinates for the 
heliport and point in space are corrected and separately listed.
    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 establishes controlled airspace at Upper Captiva Island Heliport, 
Captiva, FL.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA

[[Page 33968]]

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

0
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.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation 
Administration Order 7400.9V, Airspace Designations and Reporting 
Points, dated August 9, 2011, effective September 15, 2011, is amended 
as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward from 700 
feet or More Above the Surface of the Earth.

* * * * *

ASO FL E5 Captiva, FL [New]

Upper Captiva Island Heliport, FL
    (Lat. 26[deg]36'11'' N., long. 82[deg]13'0'' W.)
Point in Space Coordinates
    (Lat. 26[deg]36'39'' N., long. 82[deg]12'29'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6-mile radius of the Point in Space Coordinates (lat. 
26[deg]36'39'' N., long. 82[deg]12'29'' W.) serving Upper Captiva 
Island Heliport.

    Issued in College Park, Georgia, on: May 28, 2013.
Jackson D. Allen,
Acting Manager, Operations Support Group, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2013-13105 Filed 6-5-13; 8:45 am]
BILLING CODE 4910-13-P
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