[Federal Register Volume 62, Number 45 (Friday, March 7, 1997)]
[Rules and Regulations]
[Pages 10425-10427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5713]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71

[Airspace Docket No. 97-ANE-11]


Amendment to Class E Airspace; Nashua, NH, Newport, RI, 
Mansfield, MA, Providence, RI, and Taunton, MA

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 Nashua, HN, 
Newport, RI, Mansfield, MA, Providence, RI, and Taunton, MA by removing 
from their descriptions references to Class E airspace areas removed by 
previous actions. This action is necessary to keep the descriptions of 
controlled airspace areas operationally current.

DATES: Effective 0901 UTC, May 22, 1997.

    Comments for inclusion in the Rules Docket must be received on or 
before April 7, 1997.

ADDRESSES: Send comments on the rule to: Manager, Operations Branch, 
ANE-530, Federal Aviation Administration, Docket No. 97-ANE-11, 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-
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, Federal Aviation Administration, 12 New England Executive Park, 
Burlington, MA 01803-5299; telephone (617) 238-7533; fax (617) 238-
7596.

SUPPLEMENTARY INFORMATION: On February 16, 1996, the FAA published 
final rule that removed the Class E airspace at Moore Army Airfield, 
Fort

[[Page 10426]]

Devens, MA (61 FR 5937), and on December 19, 1996, a final rule that 
removed the Class E airspace at Fall River Municipal Airport, Fall 
River, MA (61 FR 66910). Each of those actions was due to the closure 
of the airport at those locations. Due to the close proximity of those 
airports to other airports, however, the descriptions of controlled 
airspace at other locations in the vicinity of the closed airports 
still contain references to the removed airspace areas. This action 
revises the descriptions of Class E airspace areas at Nashua, NH, 
Newport, RI, Mansfield, MA, Providence, RI, and Taunton, MA by removing 
from their descriptions references to Class E airspace areas removed by 
those previous actions. This action is necessary to keep the 
descriptions of controlled airspace operationally current.
    Class E airspace designations for airspace areas extending upward 
from 700 feet about the surface of the earth are published in paragraph 
6005 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 designations listed in this document will be 
published subsequently in this Order.

The Direct Final Order 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 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-11.'' 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 Administration Order 7400.9D, Airspace Designations and 
Reporting Points, dated September 4, 1996, and effective September 16, 
1996, is amended as follows:

Subpart E--Class E Airspace

* * * * *

Paragraph 6005  Class E airspace areas extending upward from 700 
feet above the surface of the earth.

* * * * *

ANE MA E5 Mansfield, MA

Mansfield Municipal Airport, MA
    (Lat. 42 deg.00'00''N, long. 71 deg.11'48''W)

    That airspace extending upward from 700 feet above the surface 
within an 8.3-mile radius of Mansfield Municipal Airport; excluding 
that airspace within the Boston, MA, Hopedale, MA, North Kingstown, 
RI, and Pawtucket, RI, Class E airspace areas.
* * * * *

ANE MA E5 Taunton, MA

Taunton Municipal Airport, MA
    (Lat. 41 deg.52'28''N, long. 71 deg.01'01''W)

    That airspace extending upward from 700 feet above the surface 
within a 7.3-mile radius of Taunton Municipal Airport; excluding that 
airspace within the Boston, MA, New Bedford, MA, and Mansfield, MA, 
Class E airspace areas.
* * * * *

ANE NH E5 Nashua, NH

Nashua, Boire Field, NH
    (Lat. 42 deg.46'54''N, long. 71 deg.30'53''W)
CHERN NDB
    (Lat. 42 deg.49'24''N, long. 71 deg.36'08''W)

    That airspace extending upward from 700 feet above the surface 
within a 7-mile radius of Boire Field, and within that area bounded 
by a line beginning at lat. 42 deg.53'54''N, long. 71 deg.30'47''W; 
to lat. 43 deg.02'25''N, long.

[[Page 10427]]

71 deg.13'28''W; to lat. 42 deg.55'15''N, long. 71 deg.06'58''W; to 
lat. 42 deg.38'30''N, long. 71 deg.21'48''W; to lat. 
42 deg.40'30''N, long. 71 deg.27'03''W, and within 4 miles each side 
of the CHERN NDB 303 deg. bearing extending from the 7-mile radius 
to 10 miles northwest of the NDB; excluding that airspace within the 
Portsmouth, NH, and Boston, MA, Class E airspace areas.
* * * * *

ANE RI E5 Newport, RI

Newport State, RI
    (Lat. 41 deg.31'56''N, long. 71 deg.16'53''W)
Providence VORTAC
    (Lat. 41 deg.43'28''N, long. 71 deg.25'47''W)

    That airspace extending upward from 700 feet above the surface 
within a 6.3-mile radius of Newport State Airport, and within 2.2 
miles on each side of the Providence VORTAC 150 deg. radial 
extending from the 6.3-mile radius to 5.6 miles southeast of the 
Providence VORTAC, and within 4 miles northwest to 6 miles southeast 
of Newport State Airport 025 deg. bearing extending from the 6.3-
mile radius to 16.2 miles northeast of the Newport State Airport; 
excluding that airspace within the New Bedford, MA, Class E airspace 
area.
* * * * *

ANE RI E5 Providence, RI

Providence, Theodore Francis Green State Airport, RI
    (Lat. 41 deg.43'25''N, long. 71 deg.25'36''W)
Providence VORTAC
    (Lat. 41 deg.43'28''N, long. 71 deg.25'47''W)

    That airspace extending upward from 700 feet above the surface 
within an 8.8-mile radius of Theodore Francis Green State Airport, 
and within 4 miles northwest to 4.5 miles southeast of the 
Providence VORTAC 211 deg. radial extending from the 8.8-mile radius 
to 16.7 miles southwest of the Providence VORTAC, and within 4 miles 
on each side of the VORTAC 330 deg. radial extending from the 8.8-
mile radius to 15.4 miles northwest of the Providence VORTAC, and 
within 2.9 miles on each side of the Providence VORTAC 132 deg. 
radial extending from the 8.8-mile radius to 9.6 miles southeast of 
the Providence VORTAC; excluding that airspace within the North 
Kingstown, RI, Pawtucket, RI, and Newport, RI, Class E airspace 
areas.
* * * * *
    Issued in Burlington, MA, on February 28, 1997.
David J. Hurley,
Assistant Manager, Air Traffic Division, New England Region.
[FR Doc. 97-5713 Filed 3-6-97; 8:45 am]
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