## 32086 Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations

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 of the earth. 

### * * * * * AWP NV E5 Eureka, NV [Modified] Eureka Airport, NV

(Lat. 39 ° 36 ′ 14 ′′ N., long. 116 ° 00 ′ 13 ′′ W.) That airspace extending upward from 700 feet above the surface within a 6.6-mile radius of the Eureka Airport; and within 1.5 miles either side of the 011 ° bearing of the airport extending from the 6.6-mile radius to 10 miles north of Eureka airport; that airspace extending upward from 1,200 feet above the surface within an area bounded by lat. 40 ° 35 ′00 ′′ N., long. 115 ° 57 ′00′′ W.; to lat. 40 ° 32 ′00′′ N., long. 115 ° 32 ′00′′ W.; to lat. 40 ° 11 ′ 24 ′′ N., long. 115 ° 19 ′00′′ W.; to lat. 40 ° 00 ′00′′ N., long. 115 ° 48 ′00′′ W.; to lat. 39 ° 31 ′00′′ N., long. 115 ° 49 ′00′′ W.; to lat. 39 ° 37 ′00′′ N., long. 115 ° 32 ′00′′ W.; to lat. 40 ° 01 ′00 ′′ N., long. 115 ° 15 ′00′′ W.; to lat. 39 ° 58 ′00′′ N., long. 115 ° 04 ′00′′ W.; to lat. 39 ° 37 ′00′′ N., long. 114 ° 53 ′00′′ W.; to lat. 39 ° 08 ′00′′ N., long. 115 ° 10 ′00′′ W.; to lat. 39 ° 06 ′00′′ N., long. 115 ° 57 ′00′′ W.; to lat. 39 ° 22 ′00′′ N., long. 116 ° 14 ′00′′ W.; to lat. 39 ° 43 ′00′′ N., long. 116 ° 08 ′00′′ W.; to lat. 40 ° 08 ′00′′ N., long. 116 ° 02 ′00′′ W., thence to the point of beginning.

Issued in Seattle, Washington, on May 15, 2013. Clark Desing, Manager, Operations Support Group, Western Service Center. [FR Doc. 2013–12624 Filed 5–28–13; 8:45 am]

**BILLING CODE 4910–13–P**



### DEPARTMENT OF TRANSPORTATION

**Federal Aviation Administration**

**14 CFR Part 71 [Docket No. FAA–2013–0147; Airspace**  **Docket No. 13–AWP–1]** 

### Establishment of Class E Airspace; **Tuba City, AZ**

**AGENCY** 

### : Federal Aviation Administration (FAA), DOT.
**ACTION** 

### : Final rule.

**SUMMARY** 

### : This action establishes ClassE airspace at the Tuba City VHF OmniDirectional Radio Range Tactical Air Navigational Aid (VORTAC), Tuba City, AZ, to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Denver, Albuquerque and Salt Lake City Air Route Traffic Control Centers (ARTCCs). This improves the safety and management of IFR operations in the vicinity of the VORTAC.
**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 19, 2013, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to amend controlled airspace at Tuba City, AZ (78 FR 16823). 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 Tuba City VORTAC, Tuba City, AZ. This action aids in containing aircraft while in IFR conditions under control of Denver, Albuquerque and Salt Lake City ARTCCs by vectoring aircraft from en route airspace to terminal areas.

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 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 Tuba City, AZ.
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:


## 32087 Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations

Paragraph 6006 En Route Domestic Airspace Areas. 

### * * * * * ANM AZ E6 Tuba City, AZ [New] Tuba City VORTAC, AZ

(Lat. 36 ° 07 ′ 17 ′′ N., long. 111 ° 16 ′ 11 ′′ W.) That airspace extending upward from 1,200 feet above the surface within an area bounded by lat. 39 ° 37 ′44 ′′ N., long. 111 ° 07 ′ 28 ′′ W.; to lat. 39 ° 26 ′ 10′′ N., long. 110 ° 01 ′ 33 ′′ W.; to lat. 38 ° 36 ′ 14 ′′ N., long. 109 ° 28 ′ 14 ′′ W.; to lat. 38 ° 35 ′ 57 ′′ N., long. 109 ° 02 ′ 31 ′′ W.; to lat. 38 ° 28 ′ 30′′ N., long. 109 ° 03 ′ 18 ′′ W.; to lat. 38 ° 04 ′06 ′′ N., long. 108 ° 53 ′ 29 ′′ W.; to lat. 37 ° 48 ′47 ′′ N., long. 108 ° 54 ′40′′ W.; to lat. 37 ° 37 ′ 12 ′′ N., long. 109 ° 18 ′ 38 ′′ W.; to lat. 37 ° 36 ′ 54 ′′ N., long. 109 ° 35 ′ 55 ′′ W.; to lat. 37 ° 04 ′41 ′′ N., long. 109 ° 38 ′ 16 ′′ W.; to lat. 36 ° 57 ′ 10′′ N., long. 108 ° 55 ′03 ′′ W.; to lat. 36 ° 36 ′ 32 ′′ N., long. 108 ° 55 ′03 ′′ W.; to lat. 36 ° 20 ′ 35 ′′ N., long. 108 ° 47 ′ 12 ′′ W.; to lat. 36 ° 05 ′ 15 ′′ N., long. 108 ° 22 ′ 51 ′′ W.; to lat. 36 ° 14 ′ 38 ′′ N., long. 107 ° 40 ′ 25 ′′ W.; to lat. 35 ° 39 ′ 30′′ N., long. 107 ° 25 ′ 27 ′′ W.; to lat. 35 ° 11 ′08 ′′ N., long. 110 ° 03 ′48 ′′ W.; to lat. 35 ° 16 ′08 ′′ N., long. 111 ° 55 ′46 ′′ W.; to lat. 35 ° 24 ′00′′ N., long. 112 ° 00 ′00 ′′ W.; to lat. 35 ° 46 ′00′′ N., long. 111 ° 50 ′ 30 ′′ W.; to lat. 36 ° 25 ′ 15 ′′ N., long. 111 ° 30 ′ 15 ′′ W.; to lat. 36 ° 44 ′00′′ N., long. 111 ° 36 ′ 30 ′′ W.; to lat. 37 ° 24 ′45 ′′ N., long. 111 ° 52 ′45 ′′ W.; to lat. 37 ° 30 ′00′′ N., long. 112 ° 03 ′ 30 ′′ W.; to lat. 37 ° 50 ′ 39 ′′ N., long. 112 ° 24 ′ 51 ′′ W.; to lat. 38 ° 10 ′ 56 ′′ N., long. 111 ° 24 ′ 19 ′′ W.; to lat. 38 ° 28 ′ 51 ′′ N., long. 110 ° 38 ′05 ′′ W.; to lat. 39 ° 03 ′ 55 ′′ N., long. 110 ° 37 ′49 ′′ W.; thence to the point of beginning.

Issued in Seattle, Washington, on May 15, 2013. Clark Desing, Manager, Operations Support Group, Western Service Center. [FR Doc. 2013–12623 Filed 5–28–13; 8:45 am]

**BILLING CODE 4910–13–P**



### DEPARTMENT OF TRANSPORTATION

**Federal Aviation Administration**

**14 CFR Part 97 [Docket No. 30901; Amdt. No. 3536]**  

### Standard Instrument Approach **Procedures, and Takeoff Minimums and Obstacle Departure Procedures;**  **Miscellaneous Amendments**

**AGENCY** 

### : Federal Aviation Administration (FAA), DOT. **ACTION** 

### : Final rule.

**SUMMARY** 

### : This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
**DATES** 

### : This rule is effective May 29, 2013. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions.

The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of May 29, 2013.
**ADDRESSES** 

### : Availability of matter incorporated by reference in the amendment is as follows:

For Examination— 1. FAA Rules Docket, FAA Headquarters Building, 800 Independence Avenue SW., Washington, DC 20591;

2. The FAA Regional Office of the region in which the affected airport is located;

3. The National Flight Procedures Office, 6500 South MacArthur Blvd., Oklahoma City, OK 73169; or

4. The National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/ federal

_register/ code

_ of

_ federal

_regulations/ ibr

_locations.html. Availability —All SIAPs are available online free of charge. Visit nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from:

1. FAA Public Inquiry Center (APA– 200), FAA Headquarters Building, 800 Independence Avenue SW., Washington, DC 20591; or

2. The FAA Regional Office of the region in which the affected airport is located.

**FOR FURTHER INFORMATION CONTACT** 

### : Richard A. Dunham III, Flight Procedure Standards Branch (AFS–420) Flight Technologies and Programs Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125) telephone: (405) 954–4164. **SUPPLEMENTARY INFORMATION** 

### : This rule amends Title 14, Code of Federal Regulations, part 97 (14 CFR part 97) by amending the referenced SIAPs. The complete regulatory description of each SIAP is listed on the appropriate FAA Form 8260, as modified by the National Flight Data Center (FDC)/Permanent Notice to Airmen (P–NOTAM), and is incorporated by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and § 97.20 of Title 14 of the Code of Federal Regulations.

The large number of SIAPs, their complex nature, and the need for a special format make their verbatim publication in the Federal Register expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, but refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP contained in FAA form documents is unnecessary. This amendment provides the affected CFR sections and specifies the types of SIAP and the corresponding effective dates. This amendment also identifies the airport and its location, the procedure and the amendment number. The Rule

This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP as amended in the transmittal. For safety and timeliness of change considerations, this amendment incorporates only specific changes contained for each SIAP as modified by FDC/P–NOTAMs.

The SIAPs, as modified by FDC P– NOTAM, and contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these changes to SIAPs, the TERPS criteria were applied only to specific conditions existing at the affected airports. All SIAP amendments in this rule have been previously issued by the FAA in a FDC NOTAM as an emergency action of immediate flight safety relating directly to published aeronautical charts. The circumstances which created the need for all these SIAP amendments requires making them effective in less than 30 days.

Because of the close and immediate relationship between these SIAPs and safety in air commerce, I find that notice and public procedure before adopting these SIAPs are impracticable and contrary to the public interest and, where applicable, that good cause exists for making these SIAPs effective in less than 30 days.