```

[Federal Register Volume 78, Number 141 (Tuesday, July 23, 2013)]
[Rules and Regulations]
[Pages 43971-43972]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17256]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0609; Airspace Docket No. 13-ASO-15]

Amendment of Class E Airspace; Tri-Cities, TN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends Class E airspace for the Tri-Cities, TN 
area, by correcting the regulatory text of the Class E surface airspace 
at Tri-Cities Regional Airport, Tri-Cities, TN. Exclusionary language 
was omitted in the final rule published in the Federal Register of 
February 5, 2013, This action is necessary for the safety and 
management of Instrument Flight Rules (IFR) operations in the Tri-
Cities area.

DATES: Effective date: 0901 UTC July 23, 2013.

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.

History

    On February 5, 2013, the FAA published in the Federal Register a 
final rule amending Class D and E airspace in the Tri-Cities, TN, area 
(78 FR 7993). The line defining the exclusion of controlled airspace 
surrounding the Edwards Heliport in the Class E surface area airspace 
description for Tri-Cities Regional Airport, Tri-Cities, TN, was 
erroneously omitted. Since any delay in correcting the controlled 
airspace in order to seek public comment would be inconsistent with the 
agency's safety mandate, action is taken herein to include the 
corrective language. Since the regulatory text, as currently described, 
penetrates the controlled airspace of Edwards Heliport, immediate 
corrective action is required in the interest of flight safety. 
Therefore, I find that notice and public procedures under 5 U.S.C. 
553(b) is impracticable and contrary to the public interest. Also, in 
consideration of the need to include this exclusion of controlled 
airspace for Tri-cities Regional Airport and to avoid confusion on the 
part of pilots flying in the vicinity of Tri-Cities, TN, the FAA finds 
good cause, pursuant to 5 U.S.C. 553(d), for making this amendment 
effective in less than 30 days in order to promote the safe and 
efficient handling of air traffic in the area.

SUPPLEMENTARY INFORMATION:

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR) 
part 71 amends Class E surface airspace at Tri-Cities Regional Airport, 
Tri-Cities, TN, by inserting in the regulatory text the exclusion of 
the 2.5-mile radius surrounding Edwards Heliport.
    The Class E airspace designations are published in Paragraph 6002 
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 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. 
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.

[[Page 43972]]

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 Tri-Cities Regional Airport, Tri-
Cities, TN.

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.

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 7400.9W, Airspace Designations and Reporting 
Points, dated August 8, 2012, and effective September 15, 2012, is 
amended as follows:

    Paragraph 6002 Class E Airspace Designated as Surface Areas
* * * * *

ASO TN E2 Tri-Cities, TN [Amended]

Tri-Cities Regional Airport, TN/VA
    (Lat. 36[deg]28[min]31[sec] N., long. 82[deg]24[min]27[sec] W.)
Edwards Heliport, TN
    (Lat. 36[deg]25[min]57[sec] N., long. 82[deg]17[min]37[sec] W.)
    That airspace extending upward from the surface within a 6.8-
mile radius of Tri-Cities Regional Airport, excluding the 2.5-mile 
radius of Edwards Heliport. This Class E airspace area is effective 
during the specific days and times established in advance by a 
Notice to Airmen. The effective days and times will thereafter be 
continuously published in the Airport/Facility Directory.

    Issued in College Park, Georgia, on July 10, 2013.
Jack Allen,
Acting Manager, Operations Support Group, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2013-17256 Filed 7-22-13; 8:45 am]
BILLING CODE 4910-13-P
```