[Federal Register Volume 67, Number 159 (Friday, August 16, 2002)]
[Proposed Rules]
[Pages 53535-53536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20891]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 02-ASO-13]


Proposed Establishment of Class E5 Airspace; Marion, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice proposes to establish Class E5 airspace at Marion, 
NC. A Area Navigation (RNAV) Global Positioning System (GPS) Standard 
Instrument Approach Procedure (SIAP), helicopter point in space 
approach, has been developed for McDowell Hospital, Marion, NC. As a 
result, controlled airspace extending upward from 700 feet Above Ground 
Level (AGL) is needed to contain the SIAP.

DATES: Comments must be received on or before September 16, 2002.

ADDRESSES: Send comments on the proposal in triplicate to: Federal 
Aviation Administration, Docket No. 02-ASO-13, Manager, Airspace 
Branch, ASO-520, P.O. Box 20636, Atlanta, Georgia 30320.
    The official docket may be examined in the Office of the Regional 
Counsel for Southern Region, Room 550, 1701 Columbia Avenue, College 
Park, Georgia 30337, telephone (404) 305-5586.

FOR FURTHER INFORMATION CONTACT: Walter R. Cochran, Manager, Airspace 
Branch, Air Traffic Division, Federal Aviation Administration, P.O. Box 
20636, Atlanta, Georgia 30320; telephone (404) 305-5586.

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. 02-
ASO-13''. The postcard will be date/time stamped and returned to the 
commenter. All communications received 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 the comments received. All comments submitted will be 
available for examination in the Office of the Regional Counsel for 
Southern Region, Room 550, 1701 Columbia Avenue, College Park, Georgia 
30337, both before and after the closing date for comments. A report 
summarizing each substantive

[[Page 53536]]

public contact with FAA personnel concerned with this rulemaking will 
be filed in the docket.

Availability of NPRMs

    Any person may obtain a copy of this Notice of Proposed Rulemaking 
(NPRM) by submitting a request to the Federal Aviation Administration, 
Manager, Airspace Branch, ASO-520, Air Traffic Division, P.O. Box 
20636, Atlanta, Georgia 30320. Communications must identify the notice 
number of this NPRM. Persons interested in being placed on a mailing 
list for future NPRMs should also request a copy of Advisory Circular 
No. 11-2A which describes the application procedure.

The Proposal

    The FAA is considering an amendment to part 71 of the Federal 
Aviation Regulations (14 CFR part 71) to establish Class E5 airspace at 
Marion, NC. Class E airspace designations for airspace areas extending 
upward from 700 feet or more above the surface of the earth are 
published in Paragraph 6005 of FAA Order 7400.9J, dated August 31, 
2001, and effective September 16, 2001, which is incorporated by 
reference in 14 CFR 71.1. The Class E airspace designation listed in 
this document would be published subsequently in the 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.

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 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 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 7400.9J, 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.
* * * * *

ASO NC E5 Marion, NC [NEW]

McDowell Hospital
Point In Space Coordinates
    (Lat. 35 deg.39'45'' N, long. 82 deg.02'49'' W)

    That airspace extending upward from 700 feet or more above the 
surface within a 6-mile radius of the point in space (lat. 
35 deg.39'45'' N, long. 82 deg.02'49'' W) serving McDowell Hospital; 
excluding that airspace within the Rutherfordton, NC, Class E 
airspace area.
* * * * *

    Issued in College Park, Georgia on August 1, 2002.
Richard J. McClelland,
Acting Manager, Air Traffic Division, Southern Region.
[FR Doc. 02-20891 Filed 8-15-02; 8:45 am]
BILLING CODE 4910-13-M