```

[Federal Register Volume 77, Number 98 (Monday, May 21, 2012)]
[Rules and Regulations]
[Pages 29872-29873]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12104]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-1103; Airspace Docket No. 11-ACE-14]

Establishment of Class E Airspace; Pender, NE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action establishes Class E airspace at Pender, NE. 
Controlled airspace is necessary to accommodate new Area Navigation 
(RNAV) Standard Instrument Approach Procedures at Pender Municipal 
Airport. The FAA is taking this action to enhance the safety and 
management of Instrument Flight Rule (IFR) operations at the airport.

DATES: Effective date: 0901 UTC, July 26, 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 January 31, 2012, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to establish Class E airspace at 
Pender Municipal Airport, Pender, NE (77 FR 4712) Docket No. FAA-2011-
1103. 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 7400.9V 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 establishing Class E airspace extending upward from 700 feet 
above the surface to accommodate new standard instrument approach 
procedures at

[[Page 29873]]

Pender Municipal Airport, Pender, NE. This action is necessary for the 
safety and management of IFR operations at the airport.
    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 establishes controlled airspace at Pender Municipal Airport, 
Pender, NE.

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.

* * * * *

ACE NE E5 Pender, NE [New]

Pender Municipal Airport, NE
    (Lat. 42[deg]06'48'' N., long. 96[deg]43'40'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.3-mile radius of Pender Municipal Airport.

    Issued in Fort Worth, Texas, on May 10, 2012.
Walter L. Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2012-12104 Filed 5-18-12; 8:45 am]
BILLING CODE 4910-13-P
```