[Federal Register Volume 69, Number 54 (Friday, March 19, 2004)]
[Proposed Rules]
[Pages 12993-12994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6154]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket FAA 2004-17000; Airspace Docket 02-ANM-06]


Proposed Establishment of Class E Airspace; Aspen, CO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This proposal would establish Class E airspace at Aspen, CO. A 
reduction in operating hours of Class D service located at Aspen-Pitkin 
County/Sardy Field, has made this action necessary. Additional Class E 
airspace will provide a controlled environment for the safety of 
aircraft executing Instrument Flight Rules (IFR) operations at Aspen-
Pitkin County/Sardy Field, Aspen, CO, outside the Class D service.

DATES: Comments must be received on or before May 3, 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 2004-17000; Airspace Docket 02-ANM-06, 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 dispositions in person in the 
Docket Office between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The Docket Office, 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, Northwest 
Mountain Region, Federal Aviation Administration, Airspace Branch, ANM-
520, 1601 Lind Avenue, SW., Renton, WA 98055.

SUPPLEMENTARY INFORMATION:

[[Page 12994]]

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 Docket FAA-2004-17000; Airspace Docket 
02-ANM-06, and be submitted in triplicate to the address listed above. 
Commenters wishing the FAA to acknowledge receipt of their comments on 
this action must submit, with those comments, a self-addressed stamped 
postcard on which the following statement is made: ``Comments to Docket 
FAA-2004-17000; Airspace Docket 02-ANM-06.'' The postcard will be date/
time stamped and returned to the commenter.

Availability of NPRM

    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's 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, Airspace 
Branch ANM-520, 1601 Lind Avenue, SW., Renton, WA 98055. Communications 
must identify both document numbers for this notice. Persons interested 
in being placed on a mailing list for future NPRMs should contact the 
FAA's Office of Rulemaking, at (202) 267-9677, to request a copy of 
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution 
System, which describes the application procedures.

The Proposal

    The FAA is considering an amendment to Title 14, Code of Federal 
Regulations, part 71 (14 CFR part 71) by establishing Class E airspace 
extending upward from the surface of the earth at Aspen-Pitkin County/
Sardy Field, Aspen, CO. A reduction in hours of Class D service has 
made this amendment necessary. This action will establish Class E 
airspace extending upward from the surface of the earth for the safety 
of aircraft executing IFR operations outside the hours of Class D 
service. Class E airspace will be effective during specified dates and 
times established in advance by Notice to Airmen. The effective date 
and time will thereafter be published in the Airport/Facility 
Directory.
    Class E airspace areas designated as surface areas, are published 
in Paragraph 6002, of FAA Order 7400.9L dated September 2, 2003, and 
effective September 16, 2003, which is incorporated by reference in 14 
CFR part 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 11013; 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 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.


Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the 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 6002 Class E airspace designated as surface area for 
an airport.
* * * * *
ANM OR E2 Aspen, CO [Added]
Aspen-Pitken County/Sardy Field
    (lat. 39[deg]13'23''N., long. 106[deg]52'08''W.)

    Within a 4.3-mile radius of Aspen-Pitkin County/Sardy Field. 
This Class E airspace is effective during specific dates and times 
established in advance by a Notice to Airmen. The effective date and 
time will thereafter be continuously published in the Airport/
Facility Directory.
* * * * *

    Issued in Seattle, Washington, on February 27, 2004.
Raul C. Trevino,
Acting Manager, Air Traffic Division, Northwest Mountain Region.
[FR Doc. 04-6154 Filed 3-18-04; 8:45 am]
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