[Federal Register: December 13, 2007 (Volume 72, Number 239)]
[Rules and Regulations]
[Page 70768-70769]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13de07-4]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2007-0165; Airspace Docket No. 07-AEA-11]
Establishment of Class E Airspace; Montrose, PA
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule, request for comments.
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SUMMARY: This action establishes Class E Airspace near the High School
at Montrose, PA. Controlled airspace 700 feet above the surface of the
Earth is required to support a new Area Navigation (RNAV) Global
Positioning System (GPS) Special Instrument Approach Procedure (IAP)
that has been developed for medical flight operations. This action
enhances the safety and management of Instrument Flight Rule (IFR)
operations by providing the required controlled airspace to protect for
this approach at Montrose, PA.
DATES: Effective 0901 UTC, February 14, 2008. 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.
Comments for inclusion in the Rules Docket must be received on or
before January 28, 2008.
ADDRESSES: Send comments on this rule to: Docket Management Facility,
U.S. Department of Transportation, 1200 New Jersey, SE., West Building,
Ground Floor, Room W12-140, Washington, DC 20590-0001; Telephone: 1-
800-647-5527; Fax: 202-493-2251. You must identify the Docket Number
FAA-2007-0165; Airspace Docket No. 07-AEA-11, at the beginning of your
comments. You may also submit and review received comments through the
Internet at http://www.regulations.gov.
You may review the public docket containing the rule, any comments
received, and any final disposition in person in the Dockets Office
(see ADDRESSES section for 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 office
of the Eastern Service Center, Federal Aviation Administration, Room
210, 1701 Columbia Avenue, College Park, Georgia 30337.
FOR FURTHER INFORMATION CONTACT: Daryl Daniels, System Support Group,
Eastern Service Center, Federal Aviation Administration, P.O. Box
20636, Atlanta, Georgia 30320; telephone (404) 305-5581.
SUPPLEMENTARY INFORMATION:
The Direct Final Rule Procedure
The FAA anticipates that this regulation will not result in adverse
or negative comments, and, therefore, issues it as a direct final rule.
The FAA has determined that this rule only involves an established body
of technical regulations for which frequent and routine amendments are
necessary to keep them operationally current. Unless a written adverse
or negative comment or a written notice of intent to submit an adverse
or negative comment is received within the comment period, the
regulation will become effective on the date specified above. After the
close of the comment period, the FAA will publish a document in the
Federal Register indicating that no adverse or
[[Page 70769]]
negative comments were received and confirming the effective date. If
the FAA receives, within the comment period, an adverse or negative
comment, or written notice of intent to submit such a comment, a
document withdrawing the direct final rule will be published in the
Federal Register, and a notice of proposed rulemaking may be published
with a new comment period.
Comments Invited
Although this action is in the form of a direct final rule, and was
not preceded by a notice of proposed rulemaking, interested persons are
invited to comment on this rule by submitting such written data, views,
or arguments as they may desire. An electronic copy of this document
may be downloaded from http://www.regulations.gov. Communications
should identify both docket numbers and be submitted in triplicate to
the address specified under the caption ADDRESSES above or through the
Web site. All communications received on or before the closing date for
comments will be considered, and this rule may be amended or withdrawn
in light of the comments received.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. Factual information that supports
the commenter's ideas and suggestions is extremely helpful in
evaluating the effectiveness of this action and determining whether
additional rulemaking action would be needed. All comments submitted
will be available, both before and after the closing date for comments,
in the Rules Docket for examination by interested persons. Those
wishing the FAA to acknowledge receipt of their comments submitted in
response to this rule must submit a self-addressed, stamped postcard on
which the following statement is made: ``Comments to Docket No. FAA-
2007-0165; Airspace Docket No. 07-AEA-11.'' The postcard will be date
stamped and returned to the commenter.
The Rule
This amendment to Title 14, code of Federal Regulations (14 CFR)
part 71 establishes Class E5 airspace at Montrose, PA providing the
controlled airspace required to support the new Copter RNAV (GPS) 015
Point in Space (PinS) approach developed for a landing spot at the
Montrose High School. No Class E airspace exists in the area so new
airspace must be developed which will serve medical helicopter flights.
Controlled airspace extending upward from 700 feet Above Ground Level
(AGL) is required to encompass all IAPs and for IFR operations,
therefore, the FAA is amending Title 14, Code of Federal Regulations
(14 CFR) part 71 to establish Class E5 airspace at Montrose, PA.
Designations for Class E airspace areas extending upward from 700 feet
or more above the surface of the Earth are published in FAA Order
7400.9R, signed August 15, 2007 effective September 15, 2007, which is
incorporated by reference in 14 CFR part 71.1. The Class E designations
listed in this documents will be published subsequently in the Order.
Agency Findings
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among various levels of government. Therefore, it is
determined that this final rule does not have federalism implications
under Executive Order 13132.
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, therefor, (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 ahve 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 Stated Code. Subtitle I, Section 106
described 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 establishes Class E5 controlled airspace near the Montrose High
School in Montrose, PA.
Lists 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 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 71.1 of Federal Aviation
Administration Order 7400.9R, Airspace Designations and Reporting
Points, signed August 15, 2007, effective September 15, 2007, is
amended as follows:
Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.
* * * * *
AEA PA E5 Montrose, PA [NEW]
Montrose High School
(Lat. 41[deg]50'36'' N., long. 75[deg]50'33'' W.)
Point in Space Coordinates
(Lat. 41[deg]50'08'' N., long. 75[deg]51'10'' W.)
That airspace extending upward from 700 feet above the surface
of the Earth within a 6-mile radius of the point in space
coordinates (lat. 41[deg]50'08'' N., long. 75[deg]51'10'' W.)
serving the Montrose High School.
* * * * *
Issued in College Park, Georgia, on November 15, 2007.
Barry A. Knight,
Acting Manager, System Support Group, Eastern Service Center.
[FR Doc. 07-6018 Filed 12-12-07; 8:45 am]
BILLING CODE 4910-13-M