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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 71
          - [Docket No. FAA-2009-0042; Airspace Docket No. 09-ANM-1]

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Final rule.

# SUMMARY:

                        This action will modify Class E airspace at Montrose Regional Airport,                               ( print page 32074)                            Montrose, CO. Additional controlled airspace is necessary to accommodate aircraft using the Instrument Landing System (ILS) Localizer/Distance Measuring Equipment (LOC/DME) Standard Instrument Approach Procedure (SIAP) at Montrose Regional Airport, Montrose, CO. This will improve the safety of Instrument Flight Rules (IFR) aircraft executing the ILS LOC/DME SIAP at Montrose Regional Airport, Montrose, CO.                    

# DATES:

*Effective Date:*                         0901 UTC, October 22, 2009. 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 April 13, 2009, the FAA published in the                     **Federal Register**                     a notice of proposed rulemaking to establish additional controlled airspace at Montrose, CO (74 FR 16812). 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 6005 of FAA Order 7400.9S signed October 3, 2008, and effective October 31, 2008, 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 that Order.

## The Rule

This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by amending the Class E airspace at Montrose, CO. Additional controlled airspace extending upward from 700 feet above the surface is necessary to accommodate IFR aircraft executing ILS LOC/DME approach procedures at Montrose Regional Airport, Montrose, CO.

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. 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 will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAAs 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 additional controlled airspace at Montrose Regional Airport, Montrose, CO.

# 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 

2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9S, Airspace Designations and Reporting Points, signed October 3, 2008, and effective October 31, 2008 is amended as follows:

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

* * * * *

## ANM CO, E5 Montrose, CO [Modify]

Montrose Regional Airport, CO

(Lat. 38°30′35″ N., long. 107°53′39″ W.)

Montrose VOR/DME

(Lat. 38°30′23″ N., long. 107°53′57″ W.)

That airspace extending upward from 700 feet above the surface within a 7.2-mile radius of the Montrose Regional Airport and within 4.3 miles northeast and 8.3 miles southwest of the Montrose VOR/DME 313° and 133° radials extending from 7.2 miles southeast to 21.4 miles northwest of the VOR/DME, and within 4 miles each side of the Montrose VOR/DME 360° radial extending to 13.6 miles north of the VOR/DME; and that airspace extending upward from 1,200 feet above the surface within an area bounded by a point beginning at lat. 38°40′00″ N., long. 108°46′00″ W.; to lat. 38°25′00″ N., long. 108°42′30″ W.; to lat. 37°58′00″ N., long. 108°10′00″ W.; to lat. 38°09′00″ N., long. 107°35′00″ W.; to lat. 38°43′00″ N., long. 107°39′30″ W.; to lat. 38°51′30″ N., long. 107°41′00″ W.; to lat. 39°01′00″ N., long. 107°47′00″ W.; to lat. 39°01′00″ N., long. 108°09′00″ W.; thence to the point of beginning.

* * * * *

Issued in Seattle, Washington, on June 26, 2009.

H. Steve Karnes, 

Acting Manager, Operations Support Group, Western Service Center.

[FR Doc. E9-15876 Filed 7-6-09; 8:45 am]

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