[Federal Register: October 22, 2008 (Volume 73, Number 205)]
[Rules and Regulations]
[Page 62878-62879]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22oc08-8]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No.FAA-2008-0809; Airspace Docket No. 08-ASO-13]
Establishment of Class E Airspace; Morehead, KY
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule; request for comments.
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SUMMARY: This action establishes Class E Airspace at Morehead, KY.
Airspace is needed to support new Area Navigation (RNAV) Global
Positioning System (GPS) Standard Instrument Approach Procedures
(SIAPs) that have been developed for Morehead-Rowan County Airport. As
a result, controlled airspace extending upward from 700 feet Above
Ground Level (AGL) is needed to contain the SIAP and for Instrument
Flight Rule (IFR) operations at Morehead-Rowan County Airport. The
operating status of the airport will change from Visual flight Rules
(VFR) to include IFR operations concurrent with the publication of the
SIAP. This action enhances the safety and airspace management of
Morehead-Rowan County Airport, Morehead, KY.
DATES: Effective 0901 UTC, January 15, 2009. 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 December 8, 2008.
ADDRESSES: Send comments on this rule to: U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey, SE., Washington, DC 20590-0001; Telephone: 1-
800-647-5527; Fax: 202-493-2251. You must identify the Docket Number
FAA-2008-0809; Airspace Docket No. 08-ASO-13, 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: Melinda Giddens, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone (404) 305-5610.
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 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 and comments may be submitted and reviewed at
http://www.regulations.gov. Recently published rulemaking documents can
also be accessed through the FAA's Web page at http://www.faa.gov, or
the Federal Register's Web page at http://www.gpoaccess.gov/fr/
index.html. Communications should identify both docket numbers and be
submitted in triplicate to the address specified under the caption
ADDRESSES above or through the website. 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 idea 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-2008-0809;
Airspace Docket No. 08-ASO-13.'' The postcard will be date stamped and
returned to the commenter.
History
The FAA is amending Title 14 Code of Federal Regulations (14 CFR)
part 71 by establishing Class E airspace at Morehead, KY. This action
provides adequate Class E airspace for IFR operations at Morehead-Rowan
County Airport. Designations for Class E
[[Page 62879]]
airspace areas extending upward from 700 feet or more above the surface
of the earth are published in FAA Order 7400.9R, dated August 15, 2007,
and effective September 15, 2007, which is incorporated by reference in
14 CFR part 71.1. The Class E designations listed in this document will
be published subsequently in the Order.
The Rule
This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 establishes Class E airspace at Morehead, KY, to provide
controlled airspace required to support the Area Navigation (RNAV)
Global Positioning System (GPS) Standard Instrument Approach Procedures
(SIAPs) that have been developed for Morehead-Rowan County Airport.
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 direct 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.
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 establishes Class E airspace at Morehead, KY.
List 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, CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS; AIRWAYS; 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.
* * * * *
ASO KY E Morehead, KY [New]
Morehead-Rowan County Airport, KY
(Lat. 38[deg]12'54'' N., long. 83[deg]35'15'' W.)
That airspace extending upward from 700 feet above the surface
of the Earth within a 6.5-mile radius of the Morehead-Rowan County
Airport.
* * * * *
Issued in College Park, Georgia, on October 8, 2008.
Barry A. Knight,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. E8-25073 Filed 10-21-08; 8:45 am]
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