[Federal Register Volume 80, Number 185 (Thursday, September 24, 2015)]
[Rules and Regulations]
[Pages 57522-57523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23987]


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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]


Establishment of Class E Airspace; Newberry, MI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes 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). This action enhances the safety and efficiency of aircraft 
operations within the National Airspace System (NAS). A minor change in 
the regulatory text is made to align the new Class E airspace with 
Minneapolis ARTCC's airspace.

DATES: Effective date: 0901 UTC, December 10, 2015. The Director of the 
Federal Register approves this incorporation by reference action under 
1 Code of Federal Regulations, Part 51, subject to the annual revision 
of FAA Order 7400.9 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.9Z, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed on line at http://www.faa.gov/airtraffic/publications/. For further information, you can 
contact the Airspace Policy and ATC Regulations Group, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 29591; 
telephone: 202-267-8783. 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 CONTACT: Raul Garza, Jr., Central Service 
Center, Operations Support Group, Federal Aviation Administration, 
Southwest Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone 
817-868-2927.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the U.S. Code. Subtitle 1, Section 106(f), 
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 the Newberry VOR/DME, 
Newberry, MI.

History

    On June 24, 2015, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to establish Class E airspace for 
the Newberry, MI area, creating controlled airspace at the Newberry 
VOR/DME within Minneapolis ARTCC boundaries (80 FR 36264) Docket No. 
FAA-2015-1869. Interested parties were invited to participate in this 
rulemaking effort by submitting written comments on the proposal to the 
FAA. No comments were received. Subsequent to publication, the FAA 
found that the airspace coordinates in the legal description will 
change slightly to allow alignment of the new Class E airspace with the 
boundaries of Minneapolis ARTCC.
    Class E airspace designations are published in paragraph 6005 of 
FAA Order 7400.9Z dated August 6, 2015, and effective September 15, 
2015, which is incorporated by reference in 14 CFR 71.1. The Class E 
airspace designation listed in this document will be published 
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.9Z, airspace Designations and 
Reporting Points, dated August 6, 2015, and effective September 15, 
2015. FAA Order 7400.9Z is publicly available as listed in the 
ADDRESSES section of this final rule. FAA Order 7400.9Z lists

[[Page 57523]]

Class A, B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
Part 71 by establishing Class E airspace extending upward from 1,200 
feet above the surface at the Newberry VOR/DME navigation aid, 
Newberry, MI, to contain aircraft while in IFR conditions under control 
of Minneapolis ARTCC by safely vectoring aircraft from en route 
airspace to terminal areas. Controlled airspace is needed for the 
safety and management of IFR operations within the confines of 
Minneapolis ARTCC airspace.
    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 only affects air traffic procedures and air navigation, it is 
certified that this rule, when promulgated, does not have a significant 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act.

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.

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

0
1. The authority citation for 14 CFR 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 7400.9Z, 
Airspace Designations and Reporting Points, dated August 6, 2015, and 
effective September 15, 2015, is amended as follows:

Paragraph 6006 Enroute 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]58'41'' N., long. 
086[deg]25'25'' 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]29'24'' N., long. 084[deg]50'43'' W.; to lat. 46[deg]48'24'' 
N., long. 085[deg]51'50'' W., to lat. 46[deg]58'30'' N., long. 
086[deg]25'01'' W., thence to the point of beginning, excluding that 
airspace within Federal airways and within Canadian airspace.

    Issued in Fort Worth, TX, on August 27, 2015.
Robert W. Beck,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2015-23987 Filed 9-23-15; 8:45 am]
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