[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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