[Federal Register Volume 76, Number 174 (Thursday, September 8, 2011)]
[Rules and Regulations]
[Pages 55555-55556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22313]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0280; Airspace Docket No. 11-ASO-16]


Amendment of Class E Airspace; Shelby, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E Airspace at Shelby, NC, to 
accommodate the new Area Navigation (RNAV) Global Positioning System 
(GPS) Standard Instrument Approach Procedures serving Shelby-Cleveland 
County Regional Airport. This action enhances the safety and airspace 
management of Instrument Flight Rules (IFR) operations within the 
National Airspace System. This action also changes the airport name.

DATES: Effective 0901 UTC, October 20, 2011. The Director of the 
Federal Register approves this incorporation by reference action under 
title 1, Code of Federal Regulations, part 51, subject to the annual 
revision of FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support 
Group, Eastern Service Center, Federal Aviation Administration, P.O. 
Box 20636, Atlanta, Georgia 30320; telephone (404) 305-6364.

SUPPLEMENTARY INFORMATION: 

History

    On June 20, 2011, the FAA published in the Federal Register a 
notice of proposed rulemaking to amend Class E airspace at Shelby, NC 
(76 FR 35799) Docket No. FAA-2011-0280. 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 7400.9U dated 
August 18, 2010, and effective September 15, 2010, which is 
incorporated by reference in 14 CFR 71.1. The Class E airspace 
designations listed in this document will be published subsequently in 
the Order.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR) 
part 71 amends Class E airspace extending upward from 700 feet above 
the surface at Shelby, NC, to provide the controlled airspace required 
to accommodate the new Area Navigation (RNAV) Global Positioning System 
(GPS) Standard Instrument Approach Procedures developed for Shelby-
Cleveland County Regional Airport. This action is necessary for the 
safety and management of IFR operations at the airport. This action 
also recognizes the airport name change from Shelby Municipal Airport 
to Shelby-Cleveland County Regional Airport, Shelby, NC.
    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, is 
non-controversial and unlikely to result in adverse or negative 
comments. It, therefore, (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

[[Page 55556]]

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 FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes 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 amends controlled airspace at Shelby-Cleveland County Regional 
Airport, Shelby, NC.

Lists 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 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 Federal Aviation 
Administration Order 7400.9U, Airspace Designations and Reporting 
Points, dated August 18, 2010, effective September 15, 2010, is amended 
as follows:

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

* * * * *

ASO NC E5 Shelby, NC [Amended]

Shelby-Cleveland County Regional Airport, NC
    (Lat. 35[deg]15'21'' N., long. 81[deg]36'02'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 7.8-mile radius of the Shelby-Cleveland County Regional 
Airport.


    Issued in College Park, Georgia, on August 19, 2011.
Mark D. Ward,
Manager, Operations Support Group, Eastern Service Center, Air Traffic 
Organization.
[FR Doc. 2011-22313 Filed 9-7-11; 8:45 am]
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