[Federal Register Volume 69, Number 33 (Thursday, February 19, 2004)]
[Proposed Rules]
[Pages 7714-7715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3630]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2004-16919; Airspace Docket No. 04-ASO-3]


Proposed Establishment of Class D and E Airspace, Proposed 
Amendment of Class E Airspace; New Smyrna Beach, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice proposes to establish Class D and Class E4 
airspace and amend Class E5 airspace at New Smyrna Beach, FL. A federal 
contract tower with a weather reporting system is being constructed at 
the New Smyrna Beach Municipal Airport. Therefore, the airport will 
meet the criteria for establishment of Class D and Class E4 airspace. 
Class D surface area airspace and Class E4 airspace designated as an 
extension to Class D airspace is required when the control tower is 
open to contain existing Standard Instrument Approach Procedures 
(SIAPs) and other Instrument Flight Rules (IFR) operations at the 
airport. This action would establish Class D airspace extending upward 
from the surface, to but not including 1,200 feet MSL, within a 3.2-
mile radius of the New Smyrna Beach Municipal Airport and a Class E4 
airspace extension that is 5 miles wide and extends 7 miles southeast 
of the airport. A regional evaluation has determined the existing Class 
E5 airspace area should be amended to contain the Nondirectional Radio 
Beacon (NDB) Or Global Positioning System (GPS) runway (RWY) 29 SIAP. 
As a result, controlled airspace extending upward from 700 feet Above 
Ground Level (AGL) needed to contain the SIAP will increase from a 6.5-
mile radius of the airport to a 6.6-mile radius of the airport and 
provide for the procedure turn area.

DATES: Comments must be received on or before March 22, 2004.

ADDRESSES: Send comments on this proposal to the Docket Management 
System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh 
Street, SW., Washington, DC 20590-0001. You must identify the docket 
number FAA-2004-16919/Airspace Docket No. 04-ASO-3, at the beginning of 
your comments. You may also submit comments on the Internet at http://dms.dot.gov. You may review the public docket containing the proposal, 
any comments received, and any final disposition in person in the 
Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The Docket office (telephone 1-800-647-5527) is on 
the plaza level of the Department of Transportation NASSIF Building at 
the above address.
    An informal docket may also be examined during normal business 
hours at the office of the Regional Air Traffic Division, Federal 
Aviation Administration, Room 550, 1701 Columbia Avenue, College Park, 
Georgia 30337.

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) 305-5627.

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 both docket numbers 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 Docket No. FAA-2004-16919/
Airspace Docket No. 04-ASO-3.'' 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. A report summarizing each 
substantive public contact with FAA personnel concerned with this 
rulemaking will be filed in the docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
Internet at http://dms.dot.gov. Recently published rulemaking documents 
can also be accessed through the FAA's Web page at http://www.faa.gov 
or the Superintendent of Document Web page at http://www.access.gpo.gov/nara. Additionally, any person may obtain a copy of 
this notice by submitting a request to the Federal Aviation 
Administration, Office of Air Traffic Airspace Management, ATA-400, 800 
Independence Avenue, SW., Washington, DC 20591, or by calling (202) 
267-8783. Communications must identify both docket numbers for this 
notice. Persons interested in being placed on a mailing list for future 
NPRM's should contact the FAA's Office of Rulemaking (202) 267-9677, to 
request a copy of Advisory Circular No.

[[Page 7715]]

11-2A, Notice of Proposed Rulemaking Distribution System, 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 D airspace and 
Class E4 airspace and amend Class E5 airspace at New Smyrna Beach, FL. 
Class D airspace designations for airspace areas extending upward from 
the surface of the earth, Class E airspace designations for airspace 
areas designated as an extension to a Class D airspace area and Class E 
airspace designations for airspace areas extending upward from 700 feet 
or more above the surface of the earth are published in Paragraphs 
5000, 6004 and 6005 respectively, of FAA Order 7400.9L, dated September 
2, 2003, and effective September 16, 2003, which is incorporated by 
reference in 14 CFR 71.1. The Class D and 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 7400.9L, Airspace Designations and 
Reporting Points, dated September 2, 2003, and effective September 16, 
2003, is amended as follows:

Paragraph 5000 Class D Airspace

* * * * *

ASO FL D New Smyrna Beach, FL [New]

New Smyrna Beach Municipal Airport, FL
    (Lat. 29[deg]03'21'' N., long. 80[deg]56'54'' W.)

    That airspace extending upward from the surface, to but not 
including 1,200 feet MSL, within a 3.2--mile radius of New Smyrna 
Beach Municipal Airport. This Class D airspace area is effective 
during the specific days and times established in advance by a 
Notice to Airmen. The effective days and times will thereafter be 
continuously published in the Airport/Facility Directory.
* * * * *

Paragraph 6004 Class E4 Airspace Areas Designated as an Extension 
to a Class D Airspace Area

* * * * *

ASO FL E4 New Smyrna Beach, FL [New]

New Smyrna Beach Municipal Airport, FL
    (Lat. 29[deg]03'21'' N., long. 80[deg]56'54'' W.)
New Smyrna Beach NDB, FL
    (Lat. 29[deg]03'16'' N., long. 80[deg]56'28'' W.)

    That airspace extending upward from the surface within 2.5 miles 
each side of the New Smyrna Beach NDB 124[deg] bearing, extending 
from the 3.2--mile radius to 7 miles southeast of the NDB. This 
Class E4 airspace area is effective during the specific days and 
times established in advance by a Notice to Airmen. The effective 
days and times will thereafter be continuously published in the 
Airport/Facility Director.
* * * * *

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

* * * * *

ASO FL E5 New Smyrna Beach, FL [Revised]

New Smyrna Beach Municipal Airport, FL
    (Lat. 29[deg]03'21'' N., long. 80[deg]56'54'' W.)
Massey Ranch Airpark Airport
    (Lat. 28[deg]58'44'' N., long. 80[deg]55'30'' W.)
New Smyrna Beach NDB, FL
    (Lat. 29[deg]03'16'' N., long. 80[deg]56'28'' W).

    That airspace extending upward from 700 feet above the surface 
within a 6.6-mile radius of New Smyrna Beach Municipal Airport and 
within 4 miles northeast and 8 miles southwest of the 124[deg] 
bearing from the New Smyrna Beach NDB extending from the 6.6-mile 
radius of 16 miles southeast of the airport and within a 6.5-mile 
radius of Massey Ranch Airpark Airport.
* * * * *

    Issued in College Park, Georgia, on January 27, 2004.
Jeffrey U. Vincent,
Acting Manager, Air Traffic Division, Southern Region.
[FR Doc. 04-3630 Filed 2-18-04; 8:45 am]
BILLING CODE 4910-13-M