[Federal Register: February 19, 2004 (Volume 69, Number 33)]
[Proposed Rules]
[Page 7714-7715]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19fe04-19]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2004-16919; Airspace Docket No. 04-ASO-3]
Proposed Establishment of Class D and E Airspace, Proposed
Amendment of Class E Airspace; New Smyrna Beach, FL
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This notice proposes to establish Class D and Class E4
airspace and amend Class E5 airspace at New Smyrna Beach, FL. A federal
contract tower with a weather reporting system is being constructed at
the New Smyrna Beach Municipal Airport. Therefore, the airport will
meet the criteria for establishment of Class D and Class E4 airspace.
Class D surface area airspace and Class E4 airspace designated as an
extension to Class D airspace is required when the control tower is
open to contain existing Standard Instrument Approach Procedures
(SIAPs) and other Instrument Flight Rules (IFR) operations at the
airport. This action would establish Class D airspace extending upward
from the surface, to but not including 1,200 feet MSL, within a 3.2-
mile radius of the New Smyrna Beach Municipal Airport and a Class E4
airspace extension that is 5 miles wide and extends 7 miles southeast
of the airport. A regional evaluation has determined the existing Class
E5 airspace area should be amended to contain the Nondirectional Radio
Beacon (NDB) Or Global Positioning System (GPS) runway (RWY) 29 SIAP.
As a result, controlled airspace extending upward from 700 feet Above
Ground Level (AGL) needed to contain the SIAP will increase from a 6.5-
mile radius of the airport to a 6.6-mile radius of the airport and
provide for the procedure turn area.
DATES: Comments must be received on or before March 22, 2004.
ADDRESSES: Send comments on this proposal to the Docket Management
System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh
Street, SW., Washington, DC 20590-0001. You must identify the docket
number FAA-2004-16919/Airspace Docket No. 04-ASO-3, at the beginning of
your comments. You may also submit comments on the Internet at http://dms.dot.gov.
You may review the public docket containing the proposal,
any comments received, and any final disposition in person in the
Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The Docket office (telephone 1-800-647-5527) is on
the plaza level of the Department of Transportation NASSIF Building at
the above address.
An informal docket may also be examined during normal business
hours at the office of the Regional Air Traffic Division, Federal
Aviation Administration, Room 550, 1701 Columbia Avenue, College Park,
Georgia 30337.
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:
Comments Invited
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 and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2004-16919/
Airspace Docket No. 04-ASO-3.'' The postcard will be date/time stamped
and returned to the commenter. All communications received before the
specified closing date for comments will be considered before taking
action on the proposed rule. The proposal contained in this notice may
be changed in light of the comments received. 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://dms.dot.gov Recently published rulemaking documents can also be accessed through the FAA's Web page at http://www.faa.gov.
or the Superintendent of Document Web page at http://www.access.gpo.gov/nara.
Additionally, any person may obtain a copy of
this notice by submitting a request to the Federal Aviation
Administration, Office of Air Traffic Airspace Management, ATA-400, 800
Independence Avenue, SW., Washington, DC 20591, or by calling (202)
267-8783. Communications must identify both docket numbers for this
notice. Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking (202) 267-9677, to
request a copy of Advisory Circular No.
[[Page 7715]]
11-2A, Notice of Proposed Rulemaking Distribution System, which
describes the application procedure.
The Proposal
The FAA is considering an amendment to Part 71 of the Federal
Aviation Regulations (14 CFR Part 71) to establish Class D airspace and
Class E4 airspace and amend Class E5 airspace at New Smyrna Beach, FL.
Class D airspace designations for airspace areas extending upward from
the surface of the earth, Class E airspace designations for airspace
areas designated as an extension to a Class D airspace area and Class E
airspace designations for airspace areas extending upward from 700 feet
or more above the surface of the earth are published in Paragraphs
5000, 6004 and 6005 respectively, of FAA Order 7400.9L, dated September
2, 2003, and effective September 16, 2003, which is incorporated by
reference in 14 CFR 71.1. The Class D and Class E airspace designation
listed in this document would be published subsequently in the 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.
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.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (Air).
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 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 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]
2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9L, Airspace Designations and
Reporting Points, dated September 2, 2003, and effective September 16,
2003, is amended as follows:
Paragraph 5000 Class D Airspace
* * * * *
ASO FL D New Smyrna Beach, FL [New]
New Smyrna Beach Municipal Airport, FL
(Lat. 29[deg]03'21'' N., long. 80[deg]56'54'' W.)
That airspace extending upward from the surface, to but not
including 1,200 feet MSL, within a 3.2--mile radius of New Smyrna
Beach Municipal Airport. This Class D airspace area is effective
during the specific days and times established in advance by a
Notice to Airmen. The effective days and times will thereafter be
continuously published in the Airport/Facility Directory.
* * * * *
Paragraph 6004 Class E4 Airspace Areas Designated as an Extension
to a Class D Airspace Area
* * * * *
ASO FL E4 New Smyrna Beach, FL [New]
New Smyrna Beach Municipal Airport, FL
(Lat. 29[deg]03'21'' N., long. 80[deg]56'54'' W.)
New Smyrna Beach NDB, FL
(Lat. 29[deg]03'16'' N., long. 80[deg]56'28'' W.)
That airspace extending upward from the surface within 2.5 miles
each side of the New Smyrna Beach NDB 124[deg] bearing, extending
from the 3.2--mile radius to 7 miles southeast of the NDB. This
Class E4 airspace area is effective during the specific days and
times established in advance by a Notice to Airmen. The effective
days and times will thereafter be continuously published in the
Airport/Facility Director.
* * * * *
Paragraph 6005 Class E Airspace Areas Extending Upward from 700
feet or More Above the Surface of the Earth
* * * * *
ASO FL E5 New Smyrna Beach, FL [Revised]
New Smyrna Beach Municipal Airport, FL
(Lat. 29[deg]03'21'' N., long. 80[deg]56'54'' W.)
Massey Ranch Airpark Airport
(Lat. 28[deg]58'44'' N., long. 80[deg]55'30'' W.)
New Smyrna Beach NDB, FL
(Lat. 29[deg]03'16'' N., long. 80[deg]56'28'' W).
That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of New Smyrna Beach Municipal Airport and
within 4 miles northeast and 8 miles southwest of the 124[deg]
bearing from the New Smyrna Beach NDB extending from the 6.6-mile
radius of 16 miles southeast of the airport and within a 6.5-mile
radius of Massey Ranch Airpark Airport.
* * * * *
Issued in College Park, Georgia, on January 27, 2004.
Jeffrey U. Vincent,
Acting Manager, Air Traffic Division, Southern Region.
[FR Doc. 04-3630 Filed 2-18-04; 8:45 am]
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