52084 Federal Register / Vol. 78, No. 163 / Thursday, August 22, 2013 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–1140; Airspace 

Docket No. 12–ASW–11] 

Amendment of Class E Airspace; 

Harlingen, TX 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

airspace at Harlingen, TX. Additional 

controlled airspace is necessary to 

accommodate new Area Navigation 

(RNAV) Standard Instrument Approach 

Procedures due to the decommissioning 

of the Sebas locator outer marker/

nondirectional radio beacon (LOM/

NDB) at Valley International Airport. 

The airport’s name and geographic 

coordinates are also updated. This 

action enhances the safety and 

management of Instrument Flight Rule 

(IFR) operations at the airport. 

DATES: Effective Date: 0901 UTC, 

December 12, 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: 

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 April 30, 2013, the FAA published 

in the Federal Register a notice of 

proposed rulemaking (NPRM) to amend 

Class E airspace for the Harlingen, TX, 

area, creating additional controlled 

airspace at Valley International Airport 

(77 FR 25226) Docket No. FAA–2012– 

1140. 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 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 due to 

the decommissioning of the Sebas LOM/ 

NDB at Valley International Airport 

(formerly Rio Grande Valley 

International Airport), Harlingen, TX. 

Small segments would extend from the 

7.8-mile radius of the airport to 12.3 

miles north and 11.5 miles south of the 

airport to provide adequate controlled 

airspace for the safety and management 

of IFR operations. Geographic 

coordinates are updated 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. 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 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 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 at Valley 

International Airport, Harlingen, TX. 

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 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. 

§ 71.1 [Amended] 

■ 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 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface. 

* * * * * 

ASW TX E5 Harlingen, TX [Amended] 

Harlingen, Valley International Airport, TX 

(Lat. 26°13′38′′ N., long. 97°39′19′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7.8-mile 

radius of Valley International Airport, and 

within 2 miles each side of the 181° bearing 

from the airport extending from the 7.8-mile 

radius to 11.5 miles south of the airport, and 

within 2.5 miles each side of the 000° bearing 

from the airport extending from the 7.8-mile 

radius to 12.3 miles north of the airport. 

Issued in Fort Worth, Texas, on August 12, 

2013. 

David P. Medina, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2013–20378 Filed 8–21–13; 8:45 am] 

BILLING CODE 4910–13–P 


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