[Federal Register: December 17, 2008 (Volume 73, Number 243)]
[Rules and Regulations]
[Page 76519-76520]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17de08-5]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2008-0986; Airspace Docket No. 08-ASO-15]
Modification of Class E Airspace; Franklin, NC
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule, request for comments.
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SUMMARY: This action modifies the Class E Airspace at Franklin, NC to
include the controlled airspace that is needed to support new Area
Navigation (RNAV) Global Positioning System (GPS) Standard Instrument
Approach Procedures (SIAPs) that has been developed for Macon 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 Macon 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 management of IFR operations
in the area by providing the required controlled airspace to support
the SIAPs at Franklin, NC.
DATES: Effective 0901 UTC, March 12, 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 February 2,
2009.
ADDRESSES: Send comments on this rule to: U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001;
Telephone: 1-800-647-5527; Fax: 202-493-2251. You must identify the
Docket Number FAA-2008-0986; Airspace Docket No. 08-ASO-15, 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, Federal Aviation Administration, P.O. Box 20636, Atlanta,
Georgia 30320; Telephone (404) 305-5610, Fax 404-305-5572.
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. The direct final rule is used in this
case to facilitate the timing of the charting schedule and enhance the
operation at the airport, while still allowing and requesting public
comment on this rulemaking action. An electronic copy of this document
may be downloaded from and comments submitted through 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. Recently published rulemaking documents can also be accessed
through the FAA's Web page at http://www.faa.gov. Recently published
rulemaking documents can also be accessed through the FAA's Web page at
http://www.faa.gov/airports_airtraffic/air_traffic/publications/
airspace_amendments/.
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
[[Page 76520]]
statement is made: ``Comments to Docket No. FAA-2008-0986; Airspace
Docket No. 08-ASO-15.'' 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 modifies Class E5 airspace at Franklin, NC, to provide the
controlled airspace that is required to support the Area Navigation
(RNAV) Global Positioning System (GPS) Standard Instrument Approach
Procedures (SIAPs) that have been developed for Macon County Airport.
Class E airspace designations for airspace areas extending upward from
700 feet or more above the surface of the Earth are published in
Paragraph 6005 of FAA Order 7400.9S, signed October 3, 2008, and
effective October 31, 2008, which is incorporated by reference in 14
CFR 71.1. The Class E airspace designation listed in this document
would 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, 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 modifies controlled airspace at Franklin, NC.
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 7400.9S, Airspace Designations and Reporting
Points, signed October 3, 2008, effective October 31, 2008, is amended
as follows:
Paragraph 6005 Class E Airspace Designated as Surface Areas.
* * * * *
ASO NC E5 Franklin, NC [Amended]
Macon County Airport,
(Lat. 35[deg]13'21'' N., long 83[deg]25'09'' W.)
Angel Medical Center, Franklin, NC Point In Space Coordinates
(Lat. 35[deg]10'37'' N., long 83[deg]22'04'' W.)
That airspace extending upward from 700 feet or more above the
surface of the Earth within a 6.4-mile radius of Macon County
Airport and that airspace within a 6-mile radius of the Point in
Space Coordinates (Lat. 35[deg]10'37'' N., Long. 83[deg]22'04'' W.)
serving the Angel Medical Center.
* * * * *
Issued in College Park, Georgia, on November 20, 2008.
Barry A. Knight,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. E8-29753 Filed 12-16-08; 8:45 am]
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