[Federal Register Volume 67, Number 182 (Thursday, September 19, 2002)]
[Proposed Rules]
[Pages 59032-59033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23829]



[[Page 59032]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 02-AGL-13]


Proposed Modification of Class E Airspace; Dayton, OH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes to modify Class E airspace at Dayton, 
OH. Standard Instrument Approach Procedures (SIAPS) have been developed 
for James M Cox Dayton International Airport. Controlled airspace 
extending upward from 700 feet or more above the surface of the earth 
is needed to contain aircraft executing these approaches. This action 
would increase the area of the existing controlled airspace for James M 
Cox Dayton International Airport.

DATES: Comments must be received on or before October 30, 2002.

ADDRESSES: Send comments on the proposal in triplicate to: Federal 
Aviation Administration, Office of the Regional Counsel, AGL-7, Rules 
Docket No. 02-AGL-13, 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, Air Traffic Division, 
Airspace Branch, AGL-520, Federal Aviation Administration, 2300 East 
Devon Avenue, Des Plaines, Illinois 60018, telephone (847) 294-7568.

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 document must 
submit with those comments a self-addressed, stamped postcard on which 
the following statement is made: ``Comments to Airspace Docket No. 02-
AGL-13.'' 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 action may be changed 
in light of comments received. All comments submitted will be available 
for examination in the Rules Docket, FAA, Great Lakes Region, Office of 
the Regional Counsel, 2300 East Devon Avenue, Des Plaines, Illinois, 
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 Notice of Proposed Rulemaking 
(NPRM) by submitting a request to the Federal Aviation Administration, 
Office of Public Affairs, Attention: Public Inquiry Center, APA-230, 
800 Independence Avenue, SW., Washington, DC 20591, or by calling (202) 
267-3484. Communications must identify the docket number of this NPRM. 
Persons interested in being placed on a mailing list for future NPRM's 
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 14 CFR part 71 to modify 
Class E airspace at Dayton, OH, for James M Cox Dayton International 
Airport. Controlled airspace extending upward from 700 feet or more 
above the surface of the earth is needed to contain aircraft executing 
instrument approach procedures. The area would be depicted on 
appropriate aeronautical charts. Class E 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 designations listed in this document would be 
published subsequently in the Order.
    The FAA has determined that this proposed regulation only involves 
an establishment body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
Therefore, this proposed 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) 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 proposed rule 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

    Accordingly, pursuant to the authority delegated to me, 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 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 MI E5 Dayton, OH [Revised]

    That airspace extending upward from 700 feet above the surface 
bounded by a line beginning at lat. 39[deg]59'00'' N., long. 
83[deg]40'00'' W., to lat. 39[deg]55'00'' N., long. 83[deg]37'00'' 
W., to lat. 39[deg]45'00'' N., long. 83[deg]43'00'' W., to lat. 
39[deg]39'00'' N., long. 84[deg]07'00'' W., to lat. 39[deg]45'00'' 
N., long. 84[deg]24'00'' W., to lat. 39[deg]49'00'' N., long. 
84[deg]27'00'' W., to lat. 40[deg]04'06'' N., long. 84[deg]17'45'' 
W., to the point of beginning.
* * * * *


[[Page 59033]]


    Issued in Des Plaines, Illinois on August 22, 2002.
Nancy B. Shelton,
Manager, Air Traffic Division, Great Lakes Region.
[FR Doc. 02-23829 Filed 9-18-02; 8:45 am]
BILLING CODE 4910-13-M