### 34554 Federal Register / Vol. 78, No. 111 / Monday, June 10, 2013 / Rules and Regulations

modifying Class E airspace extending upward from 700 feet above the surface at Bend Municipal Airport, Bend, OR, to accommodate IFR aircraft executing Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at the airport. Also, the geographic coordinates of the airport are updated to coincide with the FAA’s aeronautical database. 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 Bend Municipal Airport, Bend, OR.

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 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth.
* * * * *

ANM OR E5 Bend, OR [Modified] Bend Municipal Airport, OR

(Lat. 44 ° 05 ′40′′ N., long. 121 ° 12 ′01 ′′ W.) That airspace extending upward from 700 feet above the surface within a 4.3-mile radius of Bend Municipal Airport, and within 2.2 miles each side of the 338 ° bearing of the airport extending from the 4.3-mile radius to 6.5 miles northwest of the airport, and within 1 mile each side of the 360 ° bearing of the airport extending from the 4.3- mile radius to 6 miles north of the airport, and within 1.5 miles each side of the 183 ° bearing of the airport extending from the 4.3- mile radius to 9.3 miles south of the airport; that airspace extending upward from 1,200 feet above the surface bounded by a line extending from lat. 44 ° 09 ′ 51 ′′ N., long.

121 ° 21 ′05 ′′ W.; to lat. 44 ° 14 ′ 29′′ N., long.

121 ° 06 ′ 59′′ W.; to lat. 44 ° 27 ′ 24 ′′ N., long.

121 ° 15 ′42 ′′ W.; to lat. 44 ° 23 ′ 11 ′′ N., long.

121 ° 30 ′ 16 ′′ 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. 2013–13355 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–2013–0193; Airspace Docket No. 13–ANM–9]** 
**Establishment of Class E Airspace; Blue Mesa, CO** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Final rule.

**SUMMARY :**  This action establishes ClassE airspace at Blue Mesa VHF OmniDirectional Radio Range/Distance Measuring Equipment (VOR/DME), Blue Mesa, 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 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 Blue Mesa, CO (78 FR 18268). 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 Blue Mesa VOR/DME navigation aid, Blue Mesa, CO, to accommodate IFR aircraft under


### 34555 Federal Register / Vol. 78, No. 111 / Monday, June 10, 2013 / Rules and Regulations

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 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 Blue Mesa VOR/DME navigation aid, Blue Mesa, 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 CO E6 Blue Mesa, CO [New] Blue Mesa VOR/DME, CO

(Lat. 38 ° 27 ′08 ′′ N., long. 107 ° 02 ′ 23 ′′ W.) That airspace extending upward from 1,200 feet above the surface within an area bounded by lat. 35 ° 39 ′ 30′′ N., long.
107 ° 25 ′ 27 ′′ W.; to lat. 36 ° 14 ′ 38 ′′ N., long.
107 ° 40 ′ 25 ′′ W.; to lat. 37 ° 34 ′ 25 ′′ N., long.
108 ° 25 ′ 31 ′′ W.; to lat. 37 ° 58 ′ 51 ′′ N., long.
108 ° 22 ′ 29′′ W.; to lat. 38 ° 45 ′ 39′′ N., long.
107 ° 41 ′00′′ W.; to lat. 39 ° 07 ′40′′ N., long.
107 ° 13 ′47 ′′ W.; to lat. 39 ° 11 ′48 ′′ N., long.
106 ° 29 ′ 16 ′′ W.; to lat. 39 ° 02 ′ 30′′ N., long.
105 ° 32 ′ 13 ′′ W.; to lat. 36 ° 59 ′ 57 ′′ N., long.
104 ° 18 ′04 ′′ W.; to lat. 36 ° 17 ′00′′ N., long.
104 ° 14 ′00′′ W.; to lat. 36 ° 12 ′ 53 ′′ N., long.
104 ° 56 ′ 21 ′′ W.; to lat. 36 ° 13 ′ 34 ′′ N., long.
105 ° 54 ′42 ′′ 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. 2013–13357 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–2013–0185; Airspace Docket No. 13–ANM–8]** 
**Establishment of Class E Airspace; Gillette, WY** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Final rule.

**SUMMARY :**  This action establishes ClassE airspace at the Gillette VHF OmniDirectional Radio Range/Distance Measuring Equipment (VOR/DME), Gillette, WY, to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Denver, Salt Lake City and Minneapolis Air Route Traffic Control Centers (ARTCCs). This improves the safety and management of 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 Gillette, WY (78 FR 18266). 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 Gillette VOR/DME navigation aid, Gillette, WY, to accommodate IFR aircraft under control of Denver, Salt Lake City and Minneapolis ARTCCs 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