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[Federal Register Volume 76, Number 119 (Tuesday, June 21, 2011)]
[Rules and Regulations]
[Pages 35966-35967]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15116]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0070; Airspace Docket No. 10-ASO-43]

Amendment of Class E Airspace; Cocoa, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E Airspace at Cocoa, FL, as the 
Merritt Island Non-Directional Beacon (NDB) has been decommissioned and 
new Standard Instrument Approach Procedures have been developed at 
Merritt Island Airport. This action enhances the safety and airspace 
management of Instrument Flight Rules (IFR) operations at the airport.

DATES: Effective 0901 UTC, August 25, 2011. The Director of the Federal 
Register approves this incorporation by reference action under title 1, 
Code of

[[Page 35967]]

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 April 15, 2011, the FAA published in the Federal Register a 
notice of proposed rulemaking to amend Class E airspace at Merritt 
Island Airport, Cocoa, FL (75 FR 21266) Docket No. FAA-2011-0070. 
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 7400.9U dated August 18, 2010, and 
effective September 15, 2010, 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 Class E airspace extending upward from 700 feet above 
the surface to accommodate new standard instrument approach procedures 
developed at Merritt Island Airport, Cocoa, FL. Airspace 
reconfiguration is necessary due to the decommissioning of the Merritt 
Island NDB and cancellation of the NDB approach, and for continued 
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, 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 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 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 Class E airspace at Merritt Island Airport, Cocoa, FL.

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 7400.9U, Airspace Designations and Reporting 
Points, dated August 18, 2010, effective September 15, 2010, 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 Cocoa, FL [Amended]

Merritt Island Airport, FL
    (Lat. 28[deg]20'30'' N., long. 80[deg]41'08'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.3-mile radius of the Merritt Island Airport and within 
2.5 miles each side of the 303[deg] bearing from the Merritt Island 
Airport, extending from the 6.3-mile radius to 7 miles northwest of 
the airport; excluding that airspace within the Titusville, FL, and 
Melbourne, FL, Class E airspace areas.

    Issued in College Park, Georgia, on June 2, 2011.
Mark D. Ward,
Manager, Operations Support Group, Eastern Service Center, Air Traffic 
Organization.
[FR Doc. 2011-15116 Filed 6-20-11; 8:45 am]
BILLING CODE 4910-13-P
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