[Federal Register Volume 62, Number 96 (Monday, May 19, 1997)]
[Proposed Rules]
[Pages 27212-27214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13071]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 96-AWP-6]


Proposed Modification to the Saipan Class D Airspace Area; CQ

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to modify the Saipan, CQ, Class D 
airspace area. Specifically, this action proposes to raise the ceiling 
of the existing Class D airspace area from 2,500 feet mean sea level 
(MSL) to 2,700 feet MSL. The FAA proposes this action to enhance safety 
and better manage air traffic operations into and out of the Saipan 
International Airport.

DATES: Comments must be received on or before July 7, 1997.

ADDRESSES: Send comments on the proposal in triplicate to: Manager, Air 
Traffic Division, AWP-500, Docket No. 96-AWP-6, Federal Aviation 
Administration, P. O. Box 92007, Worldway Postal Center, Los Angeles, 
CA 90009.
    The official docket may be examined in the Rules Docket, Office of 
the Chief Counsel, Room 915, 800 Independence Avenue, SW., Washington, 
DC, weekdays, except Federal holidays, between 8:30 a.m. and 5:00 p.m.
    An informal docket may also be examined during normal business 
hours at the office of the Regional Air Traffic Division.

FOR FURTHER INFORMATION CONTACT: William C. Nelson, Airspace and Rules 
Division, ATA-400, Office of Air Traffic Airspace Management, Federal 
Aviation Administration, 800 Independence Avenue, SW., Washington, DC 
20591; telephone: (202) 267-8783.

[[Page 27213]]

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking 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 the airspace docket number and be 
submitted in triplicate to the address listed above. Commenters 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 Airspace Docket No. 96-
AWP-6.'' The postcard will be date/time stamped and returned to the 
commenter. All communications received on or 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 comments received. All comments submitted will be available 
for examination in the Rules Docket both before and after the closing 
date for comments. A report summarizing each substantive public contact 
with FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRM's

    Any person may obtain a copy of this NPRM by submitting a request 
to the Federal Aviation Administration, Office of Air Traffic Airspace 
Management, 800 Independence Avenue, SW., Washington, DC 20591; or by 
calling (202) 267-8783. Communications must identify the notice number 
of this NPRM. Persons interested in being placed on a mailing list for 
future NPRM's should call the FAA's Office of Rulemaking, (202) 267-
9677, for a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution System, which describes the application 
procedure.

The Proposal

    The FAA is proposing an amendment to part 71 of the Federal 
Aviation Regulations (14 CFR part 71) to modify the Saipan Class D 
airspace area. Specifically, this action would raise the existing 
ceiling of the Saipan Class D airspace area from 2,500 feet MSL to 
2,700 feet MSL. This proposal would provide additional controlled 
airspace for the instrument approach procedures into Saipan. The FAA is 
proposing this action to enhance safety and better manage air traffic 
operations into and out of the Saipan International Airport. Class D 
airspace designations are published in paragraph 5000 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 D airspace 
area designation listed in this document would be published 
subsequently in this 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 rule, when promulgated, will not have a significant 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act.

ICAO Considerations

    As part of this proposal relates to navigable airspace outside the 
United States, this notice is submitted in accordance with the ICAO 
International Standards and Recommended Practices. Applicability of 
International Standards and Recommended Practices by the Office of Air 
Traffic Airspace Management, FAA, in areas outside domestic airspace of 
the United States is governed by Article 12 of, and Annex 11 to, the 
Convention on International Civil Aviation, which pertains to the 
establishment of air navigational facilities and services necessary to 
promote the safe, orderly, and expeditious flow of civil air traffic. 
Their purpose is to ensure that civil aircraft operations on 
international air routes are carried out under uniform conditions 
designed to improve the safety and efficiency of air operations.
    The International Standards and Recommended Practices in Annex 11 
apply in those parts of the airspace under the jurisdiction of a 
contracting state, derived from ICAO, wherein air traffic services are 
provided and also whenever a contracting state accepts the 
responsibility of providing air traffic services over high seas or in 
airspace of undetermined sovereignty. A contracting state accepting 
such responsibility may apply the International Standards and 
Recommended Practices in a manner consistent with that adopted for 
airspace under its domestic jurisdiction.
    In accordance with Article 3 of the Convention on International 
Civil Aviation, Chicago, 1944, state aircraft are exempt from the 
provisions of Annex 11 and its Standards and Recommended Practices. As 
a contracting state, the United States agreed by Article 3(d) that its 
state aircraft will be operated in international airspace with due 
regard for the safety of civil aircraft.
    Since this action involves, in part, the designation of navigable 
airspace outside the United States, the Administrator is consulting 
with the Secretary of State and the Secretary of Defense in accordance 
with the provisions of Executive Order 10854.

List 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 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; 14 CFR 11.69.


Sec. 71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9D, Airspace Designations and 
Reporting Points, dated September 4, 1996, and effective September 16, 
1996, is amended as follows:

Paragraph 5000--Class D Airspace Areas

* * * * *

AWP CQ D Saipan, CQ [Revised]

Saipan International Airport (Primary Airport)
    (lat. 15 deg.07'08'' N, long. 145 deg.43'46'' E)
Saipan RBN
    (lat. 15 deg.06'41'' N, long. 145 deg.42'37'' E)

    That airspace extending upward from the surface to and including 
2,700 feet MSL within a 4.3-mile radius of Saipan International 
Airport. This Class D airspace area is effective during the specific 
dates and times established in advance by a Notice to

[[Page 27214]]

Airmen. The effective date and time will thereafter be continuously 
published in the Airport/Facility Directory, Chart Supplement/
Pacific.
* * * * *
    Issued in Washington, DC, on May 9, 1997.
Nancy B. Kalinowski,
Acting Program Director for Air Traffic Airspace Management.
[FR Doc. 97-13071 Filed 5-16-97; 8:45 am]
BILLING CODE 4910-13-P