[Federal Register Volume 61, Number 32 (Thursday, February 15, 1996)]
[Rules and Regulations]
[Pages 5937-5938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3493]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71

[Airspace Docket No. 96-ANE-01]


Removal of Class E Airspace; Fort Devens, MA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment removes the Class E airspace at Moore Army Air 
Field, Fort Devens, MA. With the closing of Fort Devens, the U.S. Army 
decommissioned the airport traffic control tower at Moore Army Air 
Field, and cancelled all the Standard Instrument Approach Procedures 
(SIAP's) to that airport. This action is necessary to remove the Class 
E airspace area at Fort Devens, which is no longer required.

DATES: Effective Date: 0901 UTC, April 25, 1996.
    Comments must be received on or before March 18, 1996.

ADDRESSES: Send comments on the proposal in triplicate to: Manager, 
System Management Branch, ANE-530, Federal Aviation Administration, 
Docket No. 95-ANE-60, 12 New England Executive Park, Burlington, MA 
01803-5299; telephone (617) 238-7530; fax (617) 238-7596.
    The official docket file may be examined in the Office of the 
Assistant Chief Counsel, New England Region, ANE-7, Room 401, 12 New 
England Executive Park, Burlington, MA 01803-5299; telephone (617) 238-
7040; fax (617) 238-7055.
    An informal docket may also be examined during normal business 
hours in the Air Traffic Division, Room 408, by contacting the Manager, 
System Management Branch at the first address listed above.

FOR FURTHER INFORMATION CONTACT:
Raymond Duda, System Management Branch, ANE-533, 12 New England 
Executive Park, Burlington, MA 01803-5299; telephone (617) 238-7533; 
fax (617) 238-7596.
SUPPLEMENTARY INFORMATION:

Request for Comments on the Rule

    Although this action is a final rule, which involves removing the 
Class E airspace area at Fort Devens, MA, and was not preceded by 
notice and an opportunity for public comment, comments are invited on 
the rule. This rule will become effective on the date specified in the 
DATES section. However, after the review of any comments and, if the 
FAA finds that further changes are appropriate, it may initiate 
rulemaking proceedings to extend the effective date or to 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, 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) removes the Class E airspace area at Moore Army Air Field, 
Fort Devens, MA. Since the closure of Fort Devens in 1993, the U.S. 
Army has decommissioned the airport traffic control over (ATCT) at 
Moore Army Air Field and cancelled all the Standard Instrument Approach 
Procedures (SIAP's) to that airport. Controlled airspace in the 
vicinity of Moore Army Air Field is, therefore, no longer required. 
This action removes the Class E airspace area at Fort Devens, MA. Class 
E airspace designations for airspace areas extending from 700 or more 
feet above the surface of the earth are published in paragraph 6005 of 
FAA Order 7400.9C, dated August 17, 1995, and effective September 16, 
1995, which is incorporated by reference in 14 CFR 71.1. The removal of 
the Class E airspace designation listed in this document will be 
published subsequently in this Order.
    Under the circumstances presented, the FAA concludes that notice 
and an opportunity for prior public comment under 5 U.S.C. 553(b) is 
unnecessary and contrary to the public interest. In addition, 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. Therefore this 
regulation--(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 

[[Page 5938]]
impact will be 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 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. 106(g), 40103, 40113, 40120; E.O. 10854.


Sec. 71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal 
Aviation Administration Order 7400.9C, Airspace Designations and 
Reporting Points, dated August 17, 1995, and effective September 16, 
1995, is amended as follows:

Subpart E--Class E Airspace

* * * * *

Paragraph 6005  Class E surface areas extending from 700 or more 
feet above the surface of the earth.

* * * * *

ANE MA E5 Fort Devens, MA  [Removed]

* * * * *
    Issued in Burlington, MA, on February 8, 1996.
David J. Hurley,
Manager, Air Traffic Division, New England Region.
[FR Doc. 96-3493 Filed 2-14-96; 8:45 am]
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