[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)]
[Proposed Rules]
[Pages 36264-36265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15470]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2015-1869; Airspace Docket No. 15-AGL-9]


Proposed Establishment of Class E Airspace; Newberry, MI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E airspace at the 
Newberry VHF Omni-Directional Radio Range/Distance Measuring Equipment 
(VOR/DME), Newberry, MI, to facilitate vectoring of Instrument Flight 
Rules (IFR) aircraft under control of Minneapolis Air Route Traffic 
Control Center (ARTCC). The FAA is proposing this action to enhance the 
safety and efficiency of aircraft operations within the National 
Airspace System (NAS).

DATES: Comments must be received on or before August 10, 2015.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West 
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You 
must identify the docket number FAA-2015-1869/Airspace Docket No. 15-
AGL-9, at the beginning of your comments. You may also submit comments 
through the Internet at http://www.regulations.gov. You may review the 
public docket containing the proposal, any comments received, and any 
final disposition in person in the Dockets Office between 9:00 a.m. and 
5:00 p.m., Monday through Friday, except Federal holidays. The Docket 
Office (telephone 1-800-647-5527), is on the ground floor of the 
building at the above address.
    FAA Order 7400.9Y, Airspace Designations and Reporting Points, and 
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. The Order is also available for inspection 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15. For further 
information, you can contact the Airspace Policy and Regulations Group, 
Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20591; telephone: 202-267-8783.

FOR FURTHER INFORMATION CONTACT: Raul Garza, Jr., Central Service 
Center, Operations Support Group, Federal Aviation Administration, 
Southwest Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: 
817-222-4075.

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking

    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 would establish controlled airspace at the Newberry VOR/DME 
navigation aid, Newberry, MI.

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments, as 
they may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal. 
Communications should identify both docket numbers and be submitted in 
triplicate to the address listed above. Commenters wishing the FAA to 
acknowledge receipt of their comments on this notice must submit with 
those comments a self-addressed, stamped postcard on which the 
following statement is made: ``Comments to Docket No. FAA-2015-1869/
Airspace Docket No. 15-AGL-9.'' The postcard will be date/time stamped 
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
Internet at http://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any 
comments received and any final disposition in person in the Dockets 
Office (see ADDRESSES section for address and phone number) between 
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal 
holidays. An informal docket may also be examined during normal 
business hours at the office of the Central Service Center, 2601 
Meacham Blvd., Fort Worth, TX 76137.
    Persons interested in being placed on a mailing list for future 
NPRMs should contact the FAA's Office of Rulemaking (202) 267-9677, to 
request a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution

[[Page 36265]]

System, which describes the application procedure.

Availability and Summary of Documents Proposed for Incorporation by 
Reference

    This document proposes to amend FAA Order 7400.9Y, Airspace 
Designations and Reporting Points, dated August 6, 2014, and effective 
September 15, 2014. FAA Order 7400.9Y is publicly available as listed 
in the ADDRESSES section of this proposed rule. FAA Order 7400.9Y lists 
Class A, B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

The Proposal

    This action proposes to amend 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 Newberry VOR/
DME navigation aid, Newberry, MI. This action would contain aircraft 
while in IFR conditions under control of Minneapolis ARTCC by safely 
vectoring aircraft from en route airspace to terminal areas.
    Class E airspace areas are published in Paragraph 6006 of FAA Order 
7400.9Y, August 6, 2014, and effective September 15, 2014, which is 
incorporated by reference in 14 CFR 71.1. The Class E airspace 
designation listed in this document would be published subsequently in 
the Order.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves 
an established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
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.

Environmental Review

    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies 
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 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(f), 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 FAA Order 7400.9Y, 
Airspace Designations and Reporting Points, dated August 6, 2014, and 
effective September 15, 2014, is amended as follows:

Paragraph 6006: En Route Domestic Airspace Areas

* * * * *

AGL MI E6 Newberry, MI [New]

Newberry VOR/DME, MI
    Lat. 46[deg]18'45'' N., long. 085[deg]27'49'' W.

    That airspace extending upward from 1,200 feet above the surface 
within an area bounded by lat. 46[deg]56'52'' N., long. 
086[deg]25'28'' W.; to lat. 45[deg]44'17'' N., long. 086[deg]27'14'' 
W.; to lat. 45[deg]43'49'' N., long. 085[deg]20'28'' W.; to lat. 
46[deg]29'29'' N., long. 084[deg]50'40'' W.; to lat. 46[deg]45'16'' 
N., long. 085[deg]39'13'' W., thence to the point of beginning, 
excluding that airspace within Federal airways and within Canadian 
airspace.

    Issued in Fort Worth, TX, on June 12, 2015.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2015-15470 Filed 6-23-15; 8:45 am]
 BILLING CODE 4910-13-P