# [Amended]
**AGENCY:**
Federal Aviation Administration (FAA), DOT.
**ACTION:**
Final rule.
**SUMMARY:**
This action amends Class E5 airspace at Andrews-Murphy, NC. An Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedure (SIAP), helicopter point in space approach, has been developed for Grace Hospital, Morganton, NC. As a result, controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain the SIAP.
**EFFECTIVE DATE:**
0901 UTC, November 28, 2002.
**FOR FURTHER INFORMATION CONTACT:**
Walter R. Cochran, Manager, Airspace Branch, Air Traffic Division, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305-5627.
**SUPPLEMENTARY INFORMATION:**
**History**
On August 20, 2002, the FAA proposed to amend part 71 of the Federal Aviation Regulations (14 CFR Part 71) by amendment Class E5 airspace at Morganton, NC, (67 FR 5398). This action provides adequate Class E5 airspace for IFR operations at Grace Hospital, Morganton, NC. Designations for Class E airspace extending upward from 700 feet or more above the surface are published in FAA Order 7400.9K, dated August 30, 2002, and effective September 16, 2002, which is incorporated by reference in 14 CFR part 71.1. The Class E designation listed in this document will be published subsequently in the Order.
Interested parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA. No comments objecting to the proposal were received.
**The Rule**
This amendment to part 71 of the Federal Aviation Regulations (14 CFR part 71) establishes Class E5 airspace at Morganton, NC.
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. 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 will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.
**List of Subjects in 14 CFR Part 71**
Airspace, Incorporation by reference, Navigation (air).
**14 CFR Part 71**
**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, CLASS B, CLASS C, CLASS D AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS**
1. The authority citation for 14 CFR part 71 continues to read as follows:
**Authority:**
49 U.S.C. 106(g), 40103, 40113, 40120; EO 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
**14 CFR Part 71**
§ 71.1
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9K, Airspace Designations and Reporting Points, dated August 30, 2002, and effective September 16, 2002, is amended as follows:
**Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth.**
**ASO NC E5 Morganton, NC [Revised]**
Morganton-Lenoir Airport, NC
(Lat. 35°49′15″ N, long. 81°36′40″ W)
Fiddlers NDB
(Lat. 35°42′37″ N, long. 81°40′17″ W)
Grace Hospital
Point in Space Coordinates
(Lat. 35°43′31″ N, long. 81°39′59″ W)
That airspace extending upward from 700 feet or more above the surface within a 9.5-mile radius of the Morganton-Lenoir Airport and within 2.5 miles each side of the 205° bearing from Fiddlers NDB, extending from the 9.5-mile radius to 7 miles southwest of the NDB and that airspace within a 6-mile radius of the point in space (lat. 35°43′31″ N, long. 81°39′59″ W) serving Grace Hospital; excluding that airspace within the Hickory, NC, Class E airspace area.
Issued in College Park, Georgia, October 4, 2002.
Walter R. Cochran,
Acting Manager, Air Traffic Division, Southern Region.