### 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**