[Federal Register Volume 63, Number 144 (Tuesday, July 28, 1998)]
[Rules and Regulations]
[Pages 40174-40175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20113]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98-ANE-94]


Amendment to Class E Airspace; Bennington, VT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action revises the Class E5 airspace area at Bennington, 
VT, to provide for adequate controlled airspace for those aircraft 
using the new GPS RWY 13 Instrument Approach Procedure to William H. 
Morse State Airport, Bennington, VT (K5B5).

DATES: Effective 0901 UTC, October 8, 1998.
    Comments for inclusion in the Rules Docket must be receive on or 
before August 27, 1998.

ADDRESSES: Send comments to the proposal to: Manager, Airspace Branch, 
ANE-520, Federal Aviation Administration, Docket No. 98-ANE-95, 12 New 
England Executive Park, Burlington, MA 01803-5299; telephone (781) 238-
7520; fax (781) 238-7596. Comments may be submitted electronically to 
the following Internet address: ``[email protected]''. 
Comments sent electronically must indicate Docket No. 98-ANE-94 in the 
subject line.
    The official docket file may be examined in the Office of the 
Regional Counsel, New England Region, ANE-7, Room 401, 12 New England 
Executive Park, Burlington, MA 01803-5299; telephone (781) 238-7050; 
fax (781) 238-7055.
    An informal docket may 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: David T. Barley, Airspace Branch, ANE-
502.3, 12 New England Executive Park,

[[Page 40175]]

Burlington, MA 01803-5299; telephone (781) 238-7523; fax (781) 238-
7596.

SUPPLEMENTARY INFORMATION: A new Standard Instrument Approach Procedure 
(SIAP) to William H. Morse State Airport, Bennington, VT, the GPS RWY 
13 approach, requires additional controlled airspace in the vicinity of 
Bennington, VT, extending upward from 700 feet above the surface. This 
action will redefine the Bennington, VT, Class E airspace area by 
increasing the basic radius from 2.5 miles to 8.7 miles, and defining a 
new extension west of the Morse State Airport. This action is needed to 
provide adequate controlled airspace for those aircraft using the new 
GPS RWY 13 instrument approach. Class E airspace designations for 
airspace areas extending upward from 700 feet above the surface of the 
earth are published in paragraph 6500 of FAA Order 7400.9E, dated 
September 10, 1997, and effective September 16, 1997, which is 
incorporated by reference in 14 CFR 71.1. The Class E airspace 
designation listed in this document will be published subsequently in 
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. 98-ANE-94.'' 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.


Sec. 71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal 
Aviation Administration Order 7400.9E, Airspace Designations and 
Reporting Points, dated September 10, 1997, and effective September 16, 
1997, is amended as follows:

Paragraph 6005  Class E Airspace Areas Extending Upward From 700 
Feet or More Above the Surface of the Earth

* * * * *

ANE VT E5 Bennington, VT [Revised]

William H. Morse State Airport, VT
    (Lat. 42 deg.53'29'' N, long. 73 deg.14'47'' W)

    That airspace extending upward from 700 feet above the surface 
within a 8.7-mile radius of the William H. Morse State Airport, and 
within 3.3 miles on each side of the William H. Morse State Airport 
298 deg. bearing extending from the 8.7-mile radius to 12.2 miles 
west of William H. Morse State Airport.
* * * * *
    Issued in Burlington, MA, on July 21, 1998.
William C. Yuknewicz,
Assistant Manager, Air Traffic Division, New England Region.
[FR Doc. 98-20113 Filed 7-27-98; 8:45 am]
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