
[Federal Register: October 19, 2009 (Volume 74, Number 200)]
[Rules and Regulations]               
[Page 53402-53403]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19oc09-4]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0504; Airspace Docket No. 09-AGL-7]

 
Amendment of Class E Airspace; Tioga, ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace at Tioga, ND. Additional 
controlled airspace is necessary to accommodate Area Navigation (RNAV) 
Standard Instrument Approach Procedures (SIAP) at Tioga Municipal 
Airport, Tioga, ND. This action also amends the geographic coordinates 
of Tioga Municipal Airport. The FAA is taking this action to enhance 
the safety and management of Instrument Flight Rule (IFR) operations at 
Tioga Municipal Airport.

DATES: Effective 0901 UTC, December 17, 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: Scott Enander, Central Service Center, 
Operations Support Group, Federal Aviation Administration, Southwest 
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On July 31, 2009, the FAA published in the Federal Register a 
notice of proposed rulemaking to amend Class E airspace at Tioga, ND, 
reconfiguring controlled airspace at Tioga Municipal Airport, Tioga, 
ND. (74 FR 38142, Docket No. FAA-2009-0504). 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 
7400.9T signed August 27, 2009, and effective September 15, 2009, 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 
the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 71 by amending Class E airspace at Tioga, ND, adding additional 
controlled airspace extending upward from 700 feet above the surface at 
Tioga Municipal Airport, Tioga, ND, for the safety and management of 
IFR operations. This action also amends the geographic coordinates of 
Tioga Municipal 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. 
Therefore, this regulation: (1) Is

[[Page 53403]]

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 U.S. Code. Subtitle 1, 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 Tioga Municipal Airport, Tioga, ND.

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 Part 71.1 of the Federal 
Aviation Administration Order 7400.9T, Airspace Designations and 
Reporting Points, signed August 27, 2009, and effective September 15, 
2009, is amended as follows:
* * * * *

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

* * * * *

AGL ND E5 Tioga, ND [Amended]

Tioga, Tioga Municipal Airport, ND
    (Lat. 48[deg]22[min]49[sec] N., long. 102[deg]53[min]51[sec] W.)
Minot AFB, ND
    (Lat. 48[deg]24[min]57[sec] N., long. 101[deg]21[min]29[sec] W.)
Williston VORTAC
    (Lat. 48[deg]15[min]12[sec] N., long. 103[deg]45[min]02[sec] W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.7-mile radius of Tioga Municipal Airport and within 4 
miles either side of the 133[deg] bearing from the Tioga Municipal 
Airport extending from the 6.7-mile radius to 10.2 miles southeast 
of the airport; and that airspace extending upward from 1,200 feet 
above the surface bounded on the north by latitude 
49[deg]00[min]00[sec] N, on the east by the 47-mile radius of Minot 
AFB, on the south by V-430, on the southwest by the 21.8-mile radius 
of the Williston VORTAC, and on the west by the North Dakota/Montana 
state boundary.
* * * * *

    Issued in Fort Worth, Texas, on Oct 1, 2009.
Walter L. Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. E9-24619 Filed 10-16-09; 8:45 am]

BILLING CODE 4910-13-P
