[Federal Register Volume 59, Number 93 (Monday, May 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11848]


[[Page Unknown]]

[Federal Register: May 16, 1994]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71

[Airspace Docket No. 94-ANE-23]

 

Modification of Class D Airspace and Establishment of Class E 
Airspace; Lebanon, NH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This action modifies the Class D airspace area at Lebanon, NH 
by amending the effective hours of that area to coincide with the hours 
of operation of the associated air traffic control tower (ATCT). This 
action also establishes Class E airspace at Lebanon, NH when the 
associated ATCT is closed. The intended effect of this action is to 
clarify when two-way radio communication with the Lebanon, NH ATCT is 
required and to provide adequate Class E airspace for aircraft 
conducting instrument approach procedures when that ATCT is closed.

DATES: Effective date: 0901 UTC, June 23, 1994.
    Comment date: Comments must be received on or before June 16, 1994.

ADDRESSES: Send comments on the rule in triplicate to: Manager, System 
Management Branch, ANE-530, Air Traffic Division, New England Region, 
Docket No. 94-ANE-23, Federal Aviation Administration, 12 New England 
Executive Park, Burlington, MA 01803-5299.
    The docket may be examined in the Office of the Assistant Chief 
Counsel, New England Region, Federal Aviation Administration, 12 New 
England Executive Park, Burlington, MA 01803-5299, weekdays, except 
Federal holidays, between the hours at 8 a.m and 4:30 p.m.

FOR FURTHER INFORMATION CONTACT:
Karl D. Anderson, Management System Specialist, System Management 
Branch, ANE-530, Federal Aviation Administration, 12 New England 
Executive Park, Burlington, MA 01803-5299; telephone, (617) 238-7530; 
facsimile, (617) 238-7599.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Although this action is a final rule, and was not preceded by 
notice and public procedure, comments are invited on the rule. The rule 
will become effective on the date specified in the ``DATES`` section. 
However, after review of the comments and if the FAA finds that further 
changes are appropriate, it will initiate rulemaking proceedings to 
extend the effective date of the rule or amend the regulation.
    Comments that provide the factual basis supporting the views and 
suggestions presented are particularly helpful in evaluating the 
effects of the rule, and in determining whether additional rulemaking 
is required. Comments are specifically invited on the overall 
regulatory, aeronautical, economic, environmental, and energy-related 
aspects of the rule which might suggest the need to modify the rule.

The Rule

    This amendment to part 71 of the Federal Aviation Regulations (14 
CFR part 71) modifies the Class D airspace area at Lebanon, NH by 
amending the effective hours of that area to coincide with the hours of 
operation of the associated air traffic control tower (ATCT). This 
action also establishes Class E airspace at Lebanon, NH when the 
associated ATCT is closed. Prior to Airspace Reclassification, an 
airport traffic area (ATA) and a control zone (CZ) existed at this 
airport. However, Airspace Reclassification, effective September 16, 
1993, discontinued the use of the terms ``airport traffic area'' and 
``control zone,'' replacing them with the designation ``Class D 
airspace.'' The former CZ was effective on a continuous basis, while 
the former ATA was contingent upon the hours of operation of the ATCT. 
The consolidation of the ATA and CZ into a single Class D airspace 
designation made it necessary to modify the effective hours of the 
Class D airspace to coincide with the hours of operation of the ATCT. 
This action also establishes that necessary Class E airspace in the 
vicinity of Lebanon, NH during the hours the ATCT is closed. The 
intended effect of this action is to clarify when two-way radio 
communication with the Lebanon ATCT is required and to provide adequate 
Class E airspace for aircraft conducting instrument approach procedures 
to that airport when the ATCT is closed.
    The coordinates for this airspace docket are based on North 
American Datum 83. Class D and E airspace designations are published in 
Paragraphs 5000 and 6002, respectively, of FAA Order 7400.9A dated June 
17, 1993, and effective September 16, 1993, which is incorporated by 
reference in 14 CFR 71.1 (58 FR 36298; July 6, 1993). The Class D and E 
airspace designations listed in this document will be published 
subsequently in the Order. Under the circumstances presented, the FAA 
concludes that there is an immediate need to modify the Lebanon Class D 
airspace and establish Class E airspace in the vicinity of Lebanon, NH 
in order to promote the safe and efficient handling of air traffic in 
these areas. Therefore, I find that notice and an opportunity for prior 
public comment under 5 U.S.C. 553(b) are impracticable and contrary to 
the public interest.
    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 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).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 14 CFR part 71 as follows:

PART 71--[AMENDED]

    1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. app. 1348(a), 1354(a), 1510; E.O. 10854, 24 
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR 
11.69.


Sec. 71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9A, Airspace Designations and 
Reporting Points, dated June 17, 1993, and effective September 16, 
1993, is amended as follows:

Paragraph 5000--General

* * * * *

ANE NH D Lebanon, NH [Revised]

Lebanon Municipal Airport, NH
    (lat. 43 deg.37'35'' N, long. 72 deg.18'15'' W)
BURGR OM
    (lat. 43 deg.43'57'' N, long. 72 deg.20'00'' W)
Hanover NDB
    (lat. 43 deg.42'08'' N, long. 72 deg.10'39'' W)

    That airspace extending upward from the surface to and including 
3,100 feet MSL within a 6.7-mile radius of Lebanon Municipal 
Airport. This Class D airspace area is effective during the specific 
dates and times established in advance by a Notice to Airmen. The 
effective date and time will thereafter be continuously published in 
the Airport/Facility Directory.
* * * * *
    Paragraph 6002--Class E airspace areas designated as a surface 
area for an airport
* * * * *

ANE NH E2 Lebanon, NH [New]

Lebanon Municipal Airport, NH

    (lat. 43 deg.37'35'' N, long. 72 deg.18'15'' W)

    Within a 6.7-mile radius of Lebanon Municipal Airport. This 
Class E airspace area is effective during the specific dates and 
times established in advance by a Notice to Airmen. The effective 
date and time will thereafter be continuously published in the 
Airport/Facility Directory.

* * * * *
    Issued in Burlington, Massachusetts on May 9, 1994.
John J. Boyce,
Acting Manager, Air Traffic Division, New England Region.
[FR Doc. 94-11848 Filed 5-13-94; 8:45 am]
BILLING CODE 4910-13-M