[Federal Register: February 12, 2009 (Volume 74, Number 28)]
[Proposed Rules]
[Page 7010-7011]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12fe09-15]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2008-1253; Airspace Docket No. 08-ANE-103]
Establishment of Class E Airspace; Nantucket, MA
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This action proposes to modify Class E Airspace at Nantucket,
MA. The development of new Standard Instrument Approach Procedures
(SIAPs) and the evaluation of current procedures are requiring the
establishment of Class E Surface airspace designated as an extension to
Class D airspace. This action would encompass the SIAPs and enhance the
safety and airspace management around the Nantucket Memorial Airport,
MA.
DATES: Comments must be received on or before March 16, 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-2008-1253; Airspace Docket No. 08-ANE-103, 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, Airspace Specialist,
Operations Support Group, Eastern Service Center, Air Traffic
Organization, Federal Aviation Administration, P.O. Box 20636, Atlanta,
Georgia 30320; telephone (404) 305-5581.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to comment on this rule 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. Those 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-2008-1253; Airspace Docket No. 08-ANE-
103.'' 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 from and
comments submitted through http://www.regulations.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/. Persons interested in being placed
on a mailing list for future NPRMs should
[[Page 7011]]
contact the FAA's Office of Rulemaking, (202) 267-9677, to request a
copy of Advisory Circular No. 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 Code of
Federal Regulations (14 CFR Part 71) to modify Class E airspace at
Nantucket, MA. During an evaluation of current procedures and while
developing new Standard Instrument Approach Procedures (SIAPs) for the
airport it was determined that Class E surface airspace is required to
the northeast of the airport, designated as an extension of the Class D
surface area. Class E surface airspace designations as extensions to
Class D (Class E4 airspace) are published in Paragraph 6004 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.
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 proposed rule, when promulgated, would 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 proposed 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 proposes to modify Class E airspace at Nantucket, MA.
Lists 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 will continue 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 7400.9S, Airspace Designations and
Reporting Points, signed October 3, 2008, and effective October 31,
2008, is proposed to be amended as follows:
Paragraph 6004 Class E Airspace Areas Designated as an Extension to
a Class D Surface Area
* * * * *
ANE MA E4 Nantucket, MA [NEW]
Nantucket Memorial Airport, MA
(Lat. 41[deg]15'11'' N., long. 70[deg]03'37'' W.)
That airspace extending upward from the surface of the Earth
within 1.5 mile either side of the 045[deg] bearing from the
Nantucket Memorial Airport extending from the 4.2 mile radius to
12.6 miles Northeast of the airport. This Class E Surface 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.
* * * * *
Issued in College Park, Georgia, on January 20, 2009.
Mark D. Ward,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. E9-2972 Filed 2-11-09; 8:45 am]
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