Supplemental notice of proposed rulemaking (SNPRM).
The FAA is issuing a SNPRM for the notice of proposed rulemaking (NPRM) published on March 15, 2012, in order to elicit comments addressing the proposed amendment to create Class E surface airspace and further expand the previous proposed amendment of Class E airspace extending upward from 700 feet above the surface at Dillon Airport, Dillon, MT, to accommodate aircraft using new Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures. The original NPRM only proposed an amendment of Class E airspace extending upward from 700 feet above the surface.
Comments must be received on or before August 27, 2012.
Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, 20590; telephone (202) 366-9826. You must identify FAA Docket No. FAA-2011-1213; Airspace Docket No. 11-ANM-23, at the beginning of your comments. You may also submit comments through the Internet at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Eldon Taylor, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4537.
On March 15, 2012, the FAA published a NPRM to modify Class E airspace, extending upward from 700 feet or more above the surface, at Dillon Airport, Dillon, MT (77 FR 15295). The comment period closed April 30, 2012. One comment was received.
The commenter recommended establishing Class E surface airspace, and also expand the Class E airspace extending upward from 700 feet above the surface for aircraft safety. The FAA found merit in this comment, and, therefore, proposes the additional creation of Class E surface airspace, and modification of existing Class E airspace extending upward from 700 feet above the surface. The FAA seeks comments on this SNPRM.
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 (FAA Docket No. FAA 2011-1213 and Airspace Docket No. 11-ANM-23) and be submitted in triplicate to the Docket Management System (see
ADDRESSES section for address and phone number). You may also submit comments through the Internet at http://www.regulations.gov.
Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed stamped postcard on which the following statement is made: “Comments to FAA Docket No. FAA-2011-1213 and Airspace Docket No. 11-ANM-23”. The postcard will be date/time stamped and returned to the commenter.
All communications received on or before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this action may be changed in light of comments received. All comments submitted will be available for examination in the public docket both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket.
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 the ADDRESSES section for the address and phone number) between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. An informal docket may also be examined during normal business hours at the Northwest Mountain Regional Office of the Federal Aviation Administration, Air Traffic Organization, Western Service Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA 98057.
Persons interested in being placed on a mailing list for future NPRMs should contact the FAA's Office of Rulemaking, (202) 267-9677, for a copy of Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure.
The Supplemental Proposal
The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) part 71 by creating Class E surface airspace and modifying existing Class E airspace extending upward from 700 feet above the surface at Dillon Airport, Dillon MT, to accommodate aircraft using new RNAV (GPS) standard instrument approach procedures at Dillon Airport. This action would enhance the safety and management of IFR operations at the airport. The geographic coordinates of the airport also would be adjusted.
Class E airspace designations are published in paragraph 6002 and 6005, respectively, 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 designation listed in this document will be published subsequently in this Order.
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. Therefore, this proposed 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 will only affect air traffic procedures and air navigation, it is certified that this proposed rule, when promulgated, would 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 for 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 the 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 propose controlled airspace at Dillon Airport, Dillon, MT.
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.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me, 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
1. The authority citation for 14 CFR part 71 continues to read as follows:
2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9V, Airspace Designations and Reporting Points, dated August 9, 2011, and effective September 15, 2011 is amended as follows:
Paragraph 6002 Class E airspace designated as surface areas.
* * * * *
ANM MT E2 Dillon, MT [New]
Dillon Airport, MT
(Lat. 45°15′19″ N., long. 112°33′09″ W.)
Within a 6.1-mile radius of Dillon Airport. This Class E airspace area is effective during specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory.
Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth.
* * * * *
ANM MT E5 Dillon, MT [Modified]
Dillon Airport, MT
(Lat. 45°15′19″ N., long. 112°33′09″ W.)
That airspace extending upward from 700 feet above the surface within a 9.2-mile radius of Dillon Airport; that airspace extending upward from 1,200 feet above the surface within a 45-mile radius of Dillon Airport.
Issued in Seattle, Washington, on July 2, 2012.
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2012-16865 Filed 7-10-12; 8:45 am]
BILLING CODE 4910-13-P