```

[Federal Register Volume 78, Number 103 (Wednesday, May 29, 2013)]
[Rules and Regulations]
[Pages 32085-32086]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12624]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-0852; Airspace Docket No. 12-AWP-5]

Amendment of Class E Airspace; Eureka, NV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action modifies Class E airspace at Eureka Airport, 
Eureka, NV, to accommodate aircraft using Area Navigation (RNAV) Global 
Positioning System (GPS) standard instrument approach procedures at the 
airport. This improves the safety and management of Instrument Flight 
Rules (IFR) operations at the airport.

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 December 21, 2012, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to modify controlled airspace at 
Eureka, NV (77 FR 75594). Interested parties were invited to 
participate in this rulemaking effort by submitting written comments on 
the proposal to the FAA. No comments were received. The FAA's Terminal 
Products Group reassessed the proposal and on March 19, 2013, the FAA 
published in the Federal Register a supplemental notice of proposed 
rulemaking (SNPRM) to modify the airspace 1,200 feet above the surface 
southeast of the Eureka Airport, Eureka, NV (78 FR 16821). Interested 
parties were invited to participate in this rulemaking effort by 
submitting written comments on the proposal to the FAA. No comments 
were received. This action modifies the airspace 1,200 feet above the 
surface by increasing the airspace area southeast of the Eureka 
Airport, Eureka, NV, to accommodate aircraft using the RNAV (GPS) 
standard instrument approach procedures at Eureka Airport.
    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 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 modifying Class E airspace extending upward from 700/1,200 
feet above the surface, at Eureka Airport, to accommodate IFR aircraft 
executing RNAV (GPS) standard instrument approach procedures at the 
airport. Additional controlled airspace extending upward from 1,200 
feet above the surface is established to the northeast to contain the 
MINES (RNAV) ONE departure, and to the southeast for IFR operations. 
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 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 modifies 
controlled airspace at Eureka Airport, Eureka, NV.

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

0
1. The authority citation for 14 CFR part 71 continues to read as 
follows:

[[Page 32086]]

    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 7400.9W, 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[deg]36'14'' N., long. 116[deg]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[deg] 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[deg]35'00'' N., long. 115[deg]57'00'' W.; 
to lat. 40[deg]32'00'' N., long. 115[deg]32'00'' W.; to lat. 
40[deg]11'24'' N., long. 115[deg]19'00'' W.; to lat. 40[deg]00'00'' 
N., long. 115[deg]48'00'' W.; to lat. 39[deg]31'00'' N., long. 
115[deg]49'00'' W.; to lat. 39[deg]37'00'' N., long. 115[deg]32'00'' 
W.; to lat. 40[deg]01'00'' N., long. 115[deg]15'00'' W.; to lat. 
39[deg]58'00'' N., long. 115[deg]04'00'' W.; to lat. 39[deg]37'00'' 
N., long. 114[deg]53'00'' W.; to lat. 39[deg]08'00'' N., long. 
115[deg]10'00'' W.; to lat. 39[deg]06'00'' N., long. 115[deg]57'00'' 
W.; to lat. 39[deg]22'00'' N., long. 116[deg]14'00'' W.; to lat. 
39[deg]43'00'' N., long. 116[deg]08'00'' W.; to lat. 40[deg]08'00'' 
N., long. 116[deg]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
```