[Federal Register Volume 67, Number 102 (Tuesday, May 28, 2002)]
[Rules and Regulations]
[Pages 36807-36808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13214]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 01-AGL-17]


Modification of Class E Airspace; Athens, OH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This document modifies Class E airspace at Athens, OH. A 
Global Positioning System (GPS) Standard Instrument Approach Procedure 
(SIAP) 129[deg] helicopter point in space approach, has been developed 
for O'Bleness Memorial Hospital, Athens, OH. Controlled airspace 
extending upward from 700 feet above the surface is need to contain 
aircraft executing the approach. This action modifies existing 
controlled airspace for Athens, OH, in order to include the point in 
space approach serving O'Bleness Memorial Hospital.

DATES: Effective 0901 UTC, October 03, 2002. Comments must be received 
on or before July 8, 2002.

ADDRESSES: Send comments on the rule in triplicate to: Federal Aviation 
Administration, Office of a the Regional Counsel, AGL-7, Rule Docket 
No. 01-AGL-17, 2300 East Devon Avenue, Des Plaines, Illinois 60018. The 
official docket may be examined in the Office of the Regional Counsel, 
Federal Aviation Administration, 2300 East Devon Avenue, Des Plaines, 
Illinois. An informal docket may also be examined during normal 
business hours at the Air Traffic Division, Airspace Branch, Federal 
Aviation Administration, 2300 East Devon Avenue, Des Plaines, Illinois.

FOR FURTHER INFORMATION CONTACT: Denis C. Burke, Airspace Branch, AGL-
520, Air Traffic Division, Federal Aviation Administration, 2300 East 
Devon Avenue, Des Plaines, Illinois 60018, telephone (847) 294-7568.

SUPPLEMENTARY INFORMATION: This amendment to 14 CFR part 71 modifies 
class E airspace at Athens, Ohio, to Accommodate Aircraft executing the 
proposed GPS SIAP 129[deg] helicopter point in space approach for 
O'Bleness Memorial Hospital by modifying existing controlled airspace. 
The area will be depicted on appropriate aeronautical charts. Class E 
airspace designations are published in Paragraph 6005 of FAA Order 
7400.9J, dated August 31, 200, and effective September 16, 2001, which 
is incorporated by reference in 14 CFR Sec. 71.1 The Class E airspace 
designation listed in this document will be published subsequently in 
the order.

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse 
or negative comment and therefore is issuing it as a direct final rule. 
A substantial number of previous opportunities provided to the public 
to comment on substantially identical actions have resulted in 
negligible adverse comments on objections. 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 will be published in the Federal Register. This document may 
withdraw the direct final rule in whole or in part. After considering 
the adverse or negative comment, we may publish another direct final 
rule or publish a notice of proposed rulemaking with a new comment 
period.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by a notice of proposed rulemaking, comments are invited on 
this rule. 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 is 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 Rule 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. 91-AGL-17.'' 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

[[Page 36808]]

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, it is determined that this 
final rule will not have federalism implications under Executive Order 
13132.
    Further, the FAA has determined that this regulation is 
noncontroversial and unlikely to result in adverse or negative comments 
and only involves an established body of technical regulations that 
require frequent and routine amendments to keep them operationally 
current. Therefore, I certify that this regulation (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) if promulgated, will not have 
a significant economic impact, positive or negative, on a substantial 
number of small entities under the criteria of the Regulatory 
Flexibility Act. Since this rule involves routine matters that will 
only affect air traffic procedures and air navigation, it does not 
warrant preparation of a Regulatory Flexibility Analysis because the 
anticipated impact is so minimal.

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 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND 
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS

    1. The authority citation for 14 CFR 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.


[sect] 71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9J, Airspace Designations and 
Reporting Points, dated August 31, 2001, and effective September 16, 
2001, is amended as follows:
* * * * *

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

* * * * *

AGL OH E5 Athens, OH [Revised]

Athens, Athens-Albany, Ohio University, OH
    (Lat. 39[deg]12'39'' N., long. 82[deg]13'53'' W.)
Athens, O'Bleness Memorial Hospital, OH
Point in Space Coordinates
    (Lat. 39[deg]20'3'' N., long. 82[deg]07'48'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.4-mile radius of Ohio University Airport and within 4.6 
miles either side of the 061[deg] bearing from the Ohio University 
Airport, extending from the 6.4-mile radius to 12.3 miles northeast 
of the airport, and within a 6-mile radius of the Point in Space 
serving Obliness Memorial Hospital.

* * * * *

    Issued in Des Plaines, Illinois on April 25, 2002.
Nancy B. Shelton,
Manager, Air Traffic Division, Great Lakes Region.
[FR Doc. 02-13214 Filed 5-24-02; 8:45 am]
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