34556 Federal Register / Vol. 78, No. 111 / Monday, June 10, 2013 / Rules and Regulations 

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 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 

discusses 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 the Gillette VOR/ 

DME navigation aid, Gillette, WY. 

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 6006 En Route Domestic 

Airspace Areas. 

* * * * * 

ANM WY E6 Gillette, WY [New] 

Gillette VOR/DME, WY 

(Lat. 44°20′52′′ N., long. 105°32′37′′ W.) 

That airspace extending upward from 

1,200 feet above the surface within an area 

bounded by lat. 43°01′57′′ N., long. 

107°06′08′′ W.; to lat. 42°52′37′′ N., long. 

107°47′58′′ W.; to lat. 44°09′12′′ N., long. 

108°02′32′′ W.; to lat. 44°38′58′′ N., long. 

106°53′16′′ W.; to lat. 45°48′16′′ N., long. 

106°34′25′′ W.; to lat. 45°36′35′′ N., long. 

104°05′26′′ W.; to lat. 45°06′45′′ N., long. 

100°48′20′′ W.; to lat. 44°02′34′′ N., long. 

100°44′12′′ W.; to lat. 43°40′10′′ N., long. 

99°37′18′′ W.; to lat. 43°14′52′′ N., long. 

100°08′15′′ W.; to lat. 43°41′03′′ N., long. 

101°28′52′′ W.; to lat. 44°40′23′′ N., long. 

101°32′34′′ W.; to lat. 44°44′40′′ N., long. 

104°52′04′′ W.; to lat. 43°29′00′′ N., long. 

104°14′29′′ W.; to lat. 43°22′06′′ N., long. 

104°46′22′′ W.; to lat. 44°35′02′′ N., long. 

105°59′24′′ W., thence to the point of 

beginning. 

Issued in Seattle, Washington, on May 24, 

2013. 

Clark Desing, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2013–13359 Filed 6–7–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2013–0194; Airspace 

Docket No. 13–ANM–10] 

Establishment of Class E Airspace; 

Tobe, CO 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E airspace at the Tobe VHF OmniDirectional Radio Range/Distance 

Measuring Equipment (VOR/DME), 

Tobe, CO, to facilitate vectoring of 

Instrument Flight Rules (IFR) aircraft 

under control of Denver and 

Albuquerque Air Route Traffic Control 

Centers (ARTCCs). This improves the 

safety and management of Instrument 

Flight Rules (IFR) operations within the 

National Airspace System. 

DATES: Effective date, 0901 UTC, August 

22, 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: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

On March 26, 2013, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to establish controlled airspace at Tobe, 

CO (78 FR 18264). 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 6006, 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 that Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

establishing Class E en route domestic 

airspace extending upward from 1,200 

feet above the surface, at the Tobe VOR/ 

DME navigation aid, Tobe, CO, to 

accommodate IFR aircraft under control 

of Denver and Albuquerque ARTCC by 

vectoring aircraft from en route airspace 

to terminal areas. This action is 

necessary for the safety and 

management of IFR operations. 

The FAA has determined 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 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 

discusses the authority of the FAA 

Administrator. Subtitle VII, Aviation 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 78, No. 111 / Monday, June 10, 2013 / Rules and Regulations 34557 

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 the Tobe VOR/ 

DME navigation aid, Tobe, CO. 

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 6006 En Route Domestic 

Airspace Areas. 

* * * * * 

ANM COE6 Tobe, CO [New] 

Tobe VOR/DME, CO 

(Lat. 37°15′31′′ N., long. 103°36′00′′ W.) 

That airspace extending upward from 

1,200 feet above the surface within an area 

bounded by lat. 36°17′00′′ N., long. 

104°14′00′′ W.; to lat. 36°59′57′′ N., long. 

104°18′04′′ W.; to lat. 39°40′23′′ N., long. 

103°29′02′′ W.; to lat. 39°00′35′′ N., long. 

101°59′12′′ W.; to lat. 38°33′23′′ N., long. 

101°59′12′′ W.; to lat. 37°29′58′′ N., long. 

102°33′04′′ W.; to lat. 37°00′17′′ N., long. 

102°09′21′′ W.; thence to the point of 

beginning. 

Issued in Seattle, Washington, on May 24, 

2013. 

Clark Desing, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2013–13362 Filed 6–7–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–1334; Airspace 

Docket No. 12–ASO–18] 

Establishment of Class E Airspace; 

Sanibel, FL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E Airspace at Sanibel, FL, to 

accommodate a new Area Navigation 

(RNAV) Global Positioning System 

(GPS) special Standard Instrument 

Approach Procedure (SIAP) serving 

Sanibel Island Heliport. This action 

enhances the safety and airspace 

management of Instrument Flight Rules 

(IFR) operations within the National 

Airspace System. Also, geographic 

coordinates are corrected under their 

proper heading. 

DATES: Effective 0901 UTC, August 22, 

2013. The Director of the Federal 

Register approves this incorporation by 

reference action under title 1, Code of 

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 March 6, 2013, the FAA published 

in the Federal Register a notice of 

proposed rulemaking (NPRM) to 

establish Class E airspace at Sanibel, FL 

(78 FR 14473). Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on the proposal to the FAA. No 

comments were received. Subsequent to 

publication the FAA found that the 

heliport coordinates were incorrectly 

listed as point in space coordinates; and 

point in space coordinates were 

inadvertently omitted. This action 

makes the correction. Except for 

editorial changes and the changes listed 

above, this rule is the same as published 

in the NPRM. 

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 

Part 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 

establishes Class E airspace extending 

upward from 700 feet above the surface 

at Sanibel, FL, providing the controlled 

airspace required to support the new 

Copter RNAV (GPS) special standard 

instrument approach procedures for 

Sanibel Island Heliport. Controlled 

airspace within a 6-mile radius of the 

point in space coordinates of the 

heliport is necessary for the safety and 

management of IFR operations at the 

heliport. Geographic coordinates for the 

heliport and point in space are corrected 

and separately listed. 

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 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. 

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 

mstockstill on DSK4VPTVN1PROD with RULES