[Federal Register Volume 69, Number 75 (Monday, April 19, 2004)]
[Rules and Regulations]
[Pages 20821-20822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8816]


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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]


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class D and Class E4 airspace and 
amends 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 will 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.

EFFECTIVE DATE: 0901 UTC, August 5, 2004.

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:

History

    On February 19, 2004, the FAA proposed to amend part 71 of the 
Federal Aviation Regulations (14 CFR part 71) by establishing Class D 
airspace and Class E4 airspace and amending Class E5 airspace at New 
Smyrna Beach, FL (69 FR 7714). This action provides adequate Class D, 
Class E4 and Class E5 airspace for IFR operations at New Smyrna Beach 
Municipal Airport. Designations for Class D Airspace, Class E Airspace 
Areas Designated as an Extension to a Class D or Class E Surface Area 
and Class E 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 E airspace designations listed in this 
document will be published subsequently in the Order.
    Interested parties were invited to participate in this rulemaking 
proceeding by submitting written comments on the proposal to the FAA. 
No comments objecting to the proposal were received.

The Rule

    This amendment to Part 71 of the Federal Aviation Regulations (14 
CFR Part 71) establishes Class D airspace and Class E4 airspace and 
amends Class E5 airspace at New Smyrna Beach, FL.
    The FAA has determined that this 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 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).

Adoption of the Amendment

0
In consideration of the foregoing, 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

0
1. The authority citation for 14 CFR Part 71 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; EO 10854, 24 
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 14 CFR 11.69.


Sec.  71.1  [Amended]


0
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 or Class E Surface 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 Directory.
* * * * *

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

* * * * *

[[Page 20822]]

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 to 16 miles southeast of the airport and within a 6.5-mile 
radius of Massey Ranch Airpark Airport.
* * * * *


    Issued in College Park, Georgia, on April 1, 2004.
Jeffrey U. Vincent,
Acting Manager, Air Traffic Division, Southern Region.
[FR Doc. 04-8816 Filed 4-16-04; 8:45 am]
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