Daily Rules, Proposed Rules, and Notices of the Federal Government


Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-1211; Airspace Docket No. 11-ASO-40]

Amendment of Class E Airspace; Memphis, TN

AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY: This action amends Class E Airspace at Memphis, TN area, as the West Memphis Non-Directional Beacon (NDB) has been decommissioned and new Standard Instrument Approach Procedures have been developed at Memphis International Airport. This action also removes West Memphis Municipal Airport, West Memphis, from the existing airspace surrounding Memphis International Airport, Memphis, TN. This action enhances the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport. This action also makes a minor adjustment to the geographic coordinates of General DeWitt Spain Airport and makes a minor correction to the regulatory text.
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.

On March 26, 2012, the FAA published in theFederal Registera notice of proposed rulemaking (NPRM) to amend Class E airspace at Memphis, TN (77 FR 17360). 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 7400.9V 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. Except for a minor clerical change in the regulatory text correcting `NDB' to “Airport”, this rule is the same as published in the NPRM.

The Rule

This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 amends Class E airspace extending upward from 700 feet above the surface at Memphis, TN. Airspace reconfiguration is necessary due to the decommissioning of the West Memphis NDB and cancellation of the NDB approach, and for continued safety and management of IFR operations at the airport. Also, West Memphis Municipal Airport, West Memphis, AR, is removed from the Memphis, TN, airspace designation to accommodate the separation of existing Class E airspace surrounding Memphis International Airport, Memphis, TN. The establishment of the new designator for the Class E airspace area surrounding West Memphis Municipal Airport, West Memphis, AR, is simultaneously coordinated with this action. This action also adjusts the geographic coordinates of General DeWitt Spain Airport to be in concert with the FAAs aeronautical database, and corrects `NDB' to read `Airport' in the regulatory text.

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 amends controlled airspace in Memphis, TN.

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 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.

§ 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of Federal AviationAdministration Order 7400.9V, Airspace Designations and Reporting Points, dated August 9, 2011, effective September 15, 2011, is amended as follows: Paragraph 6005Class E airspace areas extending upward from 700 feet or more above the surface of the earth. ASO TN E5Memphis, TN [Amended] Memphis International Airport, TN (Lat. 35°02′33″ N., long. 89°58′36″ W.) Olive Branch, MS, Olive Branch Airport (Lat. 34°58′44″ N., long. 89°47′13″ W.) General DeWitt Spain Airport (Lat. 35°12′03″ N., long. 90°03′14″ W.) Elvis NDB (Lat. 35°03′41″ N., long. 90°04′18″ W.)

That airspace extending upward from 700 feet above the surface within an 8-mile radius of Memphis International Airport, and within 4 miles north and 8 miles south of the 271° bearing from the Elvis NDB extending from the 8-mile radius to 16 miles west of the Elvis NDB, and within a 7.5-mile radius of Olive Branch Airport, Olive Branch, MS, and within 4 miles west and 8 miles east of the 017° bearing and 4 miles west and 8 miles east of the 170° bearing from Olive Branch Airport extending from the 7.5-mile radius to 16 miles northeast and south of the airport, and within a 6.4-mile radius of General DeWitt Spain Airport; excluding that airspace within the Millington, TN, Class E airspace area.

Issued in College Park, Georgia, on June 27, 2012. Barry A. Knight, Acting Manager,Operations Support Group,Eastern Service Center,Air Traffic Organization.