[Federal Register Volume 74, Number 128 (Tuesday, July 7, 2009)]
[Rules and Regulations]
[Pages 32073-32074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15876]


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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]


Modification of Class E Airspace; Montrose, CO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action will modify Class E airspace at Montrose Regional 
Airport,

[[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

0
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:

    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 7400.9S, 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[deg]30'35'' N., long. 107[deg]53'39'' W.)
Montrose VOR/DME
    (Lat. 38[deg]30'23'' N., long. 107[deg]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[deg] and 133[deg] 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[deg] 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[deg]40'00'' N., long. 108[deg]46'00'' W.; to lat. 
38[deg]25'00'' N., long. 108[deg]42'30'' W.; to lat. 37[deg]58'00'' 
N., long. 108[deg]10'00'' W.; to lat. 38[deg]09'00'' N., long. 
107[deg]35'00'' W.; to lat. 38[deg]43'00'' N., long. 107[deg]39'30'' 
W.; to lat. 38[deg]51'30'' N., long. 107[deg]41'00'' W.; to lat. 
39[deg]01'00'' N., long. 107[deg]47'00'' W.; to lat. 39[deg]01'00'' 
N., long. 108[deg]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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