[Federal Register Volume 77, Number 147 (Tuesday, July 31, 2012)]
[Rules and Regulations]
[Pages 45241-45242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18540]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0249; Airspace Docket No. 12-ASO-16]


Establishment of Class E Airspace; Apopka, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E Airspace at Apopka, FL, to 
accommodate the new Area Navigation (RNAV) Global Positioning System 
(GPS) Standard Instrument Approach Procedures at Orlando Apopka 
Airport. This action enhances the safety and airspace management of 
Instrument Flight Rules (IFR) operations within the National Airspace 
System.

DATES: Effective 0901 UTC, September 20, 2012. 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 May 23, 2012, the FAA published in the Federal Register a notice 
of proposed rulemaking (NPRM) to establish Class E airspace at Apopka, 
FL

[[Page 45242]]

(77 FR 30439) Docket No. FAA-2012-0249. Interested parties were invited 
to participate in this rulemaking effort by submitting written comments 
on the proposal to the FAA. One comment was received in support of this 
action. Class E airspace designations are published in paragraph 6005 
of FAA Order 7400.9V dated August 9, 2011, and effective September 15, 
2011, 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 establishes Class E airspace extending upward from 700 feet 
above the surface at Apopka, FL, to provide the controlled airspace 
required to accommodate the new RNAV GPS Standard Instrument Approach 
Procedures developed for Orlando Apopka Airport. This action is 
necessary for the safety and management of IFR operations at the 
airport.
    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 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 establishes controlled airspace at Orlando Apopka Airport, 
Apopka, FL.

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.

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 7400.9V, Airspace Designations and Reporting 
Points, dated August 9, 2011, effective September 15, 2011, is amended 
as follows:

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

* * * * *

ASO FL E5 Apopka, FL [New]

Orlando Apopka Airport, FL
    (Lat. 28[deg]42'27'' N., long. 81[deg]34'55'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.8-mile radius of Orlando Apopka Airport.

    Issued in College Park, Georgia, on July 20, 2012.
Barry A. Knight,
Manager, Operations Support Group, Eastern Service Center, Air Traffic 
Organization.
[FR Doc. 2012-18540 Filed 7-30-12; 8:45 am]
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