[Federal Register Volume 62, Number 26 (Friday, February 7, 1997)]
[Rules and Regulations]
[Pages 5755-5757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3073]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71

[Airspace Docket No. 97-ANE-02]


Amendment to Class E Airspace; New Haven, CT

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 New Haven, CT 
(KHVN) by removing the Class E airspace extending upward from the 
surface, effective during the times when the Airport Traffic Control 
Tower (ATCT) is not operating. This action results from the lack of 
continuous weather reporting at Tweed-New Haven Municipal Airport.

DATES: Effective 0901 UTC, March 27, 1997.

    Comments for inclusion in the Rules Docket must be received on or 
before March 10, 1997.


[[Page 5756]]


ADDRESSES: Send comments on the proposal to: Manager, Operations 
Branch, ANE-530, Federal Aviation Administration, Docket No. 97-ANE-02, 
12 New England Executive Park, Burlington, MA 01803-5299; telephone 
(617) 238-7530; fax (617) 238-7596. Comments may also be submitted 
electronically to the following Internet address: ``9 ne 
[email protected]'' Comments must indicate Docket No. 97-ANE-02 in 
the subject line.
    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-
7050; 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, 
Operations Branch at the first address listed above.

FOR FURTHER INFORMATION CONTACT: Raymond Duda, Operations Branch, ANE-
530.3, 12 New England Executive Park, Burlington, MA 01803-5299; 
telephone (617) 238-7533; fax (617) 238-7596.

SUPPLEMENTARY INFORMATION: On May 16, 1994, the FAA established Class E 
airspace at Tweed-New Haven Airport, New Haven, CT (59 FR 25301, 
effective June 23, 1994) based on the availability of continuous 
weather reporting and need for controlled airspace for aircraft 
operating under instrument flight rules (IFR) when the Airport Traffic 
Control Tower (ATCT) was closed. That Class E airspace extends upward 
from the surface, and is effective during the hours when the ATCT is 
closed.
    The FAA has been advised that continuous surface weather 
observations are no longer available at Tweed-New Haven. While the FAA 
has selected Tweed-New Haven as a future site for fully automated 
weather observations using the Automated Surface Observing System 
(ASOS), the commissioning date for the New Haven ASOS is unknown at 
this time. Accordingly, the FAA must remove the Class E airspace area 
that extends upward from the surface during the times when the ATCT 
does not operate. This action does not affect the Class E airspace area 
that extends upward from 700 feet above the surface, which remains in 
place to provide adequate controlled airspace for those aircraft using 
the standard instrument approach procedures at Tweed-New Haven when the 
ATCT is closed.
    Class E airspace designations for airspace areas extending upward 
from the surface of the earth are published in paragraph 6002 of FAA 
Order 7400.9D, dated September 4, 1996, and effective September 16, 
1996, which is incorporated by reference in 14 CFR 71.1. The Class E 
airspace designation listed in this document will be removed 
subsequently from this Order.

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse 
or negative comment, and, therefore, issues it as a direct final rule. 
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. 
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 date on which the 
final rule will become effective. If the FAA does receive, 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. Communications should identify the 
Rules Docket number and be submitted in triplicate to the address 
specified under the caption ``ADDRESSES.'' 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. 
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.
    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. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
action will be filed in the Rules Docket.
    Commenters 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. 97-ANE-02.'' The postcard will be date stamped and 
returned to the commenter.

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 the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that this regulation is noncontroversial and 
unlikely to result in adverse or negative comments. For the reasons 
discussed in the preamble, I certify that this regulation (1) is not a 
``significant regulatory action'' under Executive Order 12866; (2) is 
not a ``significant rule'' under Department of Transportation (DOT) 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) does not warrant preparation of a Regulatory Evaluation as 
these routine matters will only affect air traffic procedures and air 
navigation. It is certified that these proposed rules 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

    Accordingly, pursuant to the authority delegated to me, the Federal 
Aviation Administration amends part 71 of the Federal Aviation 
Regulations (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, 24 
FR 9565, 3 CFR, 1959-1963 Comp., p.389.

    2. The incorporation by reference in 14 CFR 71.1 of Federal 
Aviation

[[Page 5757]]

Administration Order 7400.9D, Airspace Designations and Reporting 
Points, dated September 4, 1996, and effective September 16, 1996, is 
amended as follows:

Paragraph 6002  Class E Airspace Areas Designated as a Surface Area 
for an Airport

* * * * *

ANE CT E2  New Haven, CT [Removed]

* * * * *
    Issued in Burlington, MA, on January 31, 1997.
David J. Hurley,
Manager, Air Traffic Division, New England Region.
[FR Doc. 97-3073 Filed 2-6-97; 8:45 am]
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