[Federal Register Volume 69, Number 233 (Monday, December 6, 2004)]
[Rules and Regulations]
[Pages 70371-70372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26750]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2004-19601]


Amendment to Class D Airspace; Springfield/Chicopee, MA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action revises the Class D airspace area at Springfield/
Chicopee, Westover AFB, MA (KCEF) to revise the Airport Reference Point 
(ARP) and provide for adequate controlled airspace for those aircraft 
circling to land.

DATES: Effective 0901 UTC, January 20, 2005.
    Comments for inclusion in the Rules Docket must be received on or 
before January 5, 2005.

ADDRESSES: Send comments on the rule 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-2004-19601/Airspace Docket No. 04-ANE-33, 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 at 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 
located on the plaza level of the department of Transportation NASSIF 
Building at the street address stated above.
    An informal docket may also be examined during normal business 
hours at the office of the Eastern Flight Service Area, New England 
Region Office, Federal Aviation Administration, 12 New England 
Executive Park, Burlington, MA 01803-5299. Call the Manager, Operations 
Support Branch, ANE-530, telephone (781) 238-7530; fax (781) 238-7596, 
to make prior arrangements for your visit.

FOR FURTHER INFORMATION CONTACT: Jon T. Harris, Eastern Flight Service 
Area, Operations Support Branch, ANE-530, Federal Aviation 
Administration, 12 New England Executive Park, Burlington, MA 01803-
5299; telephone (781) 238-7530 fax (781) 238-7596.

SUPPLEMENTARY INFORMATION: Westover AFB has competed a new airport 
survey and established a new Airport Reference Point (ARP). In 
addition, this action increases the class D airspace radius to provide 
additional controlled airspace for those aircraft using category E 
circling minima for instrument procedures. Class D airspace 
designations for airspace areas extending upward from the surface are 
published in paragraph 5000 of FAA Order 7400.9M, dated August 30, 
2004, and effective September 16, 2004, which is incorporated by 
reference in 14 CFR 71.1. The Class D airspace designation listed in 
this document will be published subsequently in this Order.

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse 
or negative comment, and, therefore, issues it as a direct final rule. 
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. 
Unless a written adverse or negative comment or a written notice of 
intent to submit an adverse or negative comment is received within the 
comment period, the regulation will become effective on the date 
specified above. After the close of the comment period, the FAA will 
publish a document in the Federal Register indicating that no adverse 
or negative comments were received and confirming the date on which the 
final rule will become effective. If the FAA does receive, within the 
comment period, an adverse or negative comment, or written notice of 
intent to submit such a comment, a document withdrawing the direct 
final rule will be published in the Federal Register, and a notice of 
proposed rulemaking may be published with a new comment period.

Comments Invited

    Although this action is in the form of a direct final rule, and was 
not preceded by a notice of proposed rulemaking, interested persons are 
invited to comment on this rule by submitting such written data, views, 
or arguments as they may desire. Communications must identify both 
docket numbers. All communications received on or before the closing 
date for comments will be considered, and this rule may be amended or 
withdrawn in light of the comments received. Factual information that 
support the commenter's ideas and suggestions is extremely helpful in 
evaluating the effectiveness of this action and determining whether 
additional rulemaking action would be needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
action will be filed in the Rules Docket.

Agency Findings

    This rule does not have federalism implications, as defined in 
Executive Order No. 13132, because it does not have a substantial 
direct effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Accordingly, 
the FAA has not consulted with State authorities prior to publication 
of this rule.
    The FAA has determined that this regulation is noncontroversial and 
unlikely to result in adverse or negative comments. For the reasons 
discussed in the preamble, I certify that this regulation (1) is not a 
``significant regulatory action'' under Executive Order 12866; (2) is 
not a ``significant rule'' under Department of Transportation (DOT) 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) does not warrant preparation of a Regulatory Evaluation as 
these routine matters will only affect air traffic procedures and air 
navigation. It is certified that these proposed rules will not have 
significant economic impact on a substantial

[[Page 70372]]

number of small entities under the criteria of the Regulatory 
Flexibility Act.

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in title 49 of the United States Code. Subtitle I, section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 
subtitle VII, part A, subpart I, section 40103, Sovereignty and use of 
airspace. Under that section, the FAA is charged with issuing 
regulations to ensure the safety of aircraft and the efficient use of 
airspace. This regulation is within the scope of that authority since 
it defines controlled airspace in the vicinity of the Westover AFB to 
ensure the safety of aircraft operating near that airport and the 
efficient use of that airspace.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me, the Federal 
Aviation Administration amends part 71 of the Federal Aviation 
Regulations (14 CFR part 71) as follows:

PART 71--[AMENDED]

0
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.


0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation 
Administration Order 7400.9M, Airspace Designations and Reporting 
Points, dated August 30, 2004, and effective September 16, 2004, is 
amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ANE MA D Springfield/Chicopee, MA [Revised]

Springfield/Chicopee, Westover AFB, MA
    (Lat. 42[deg]11'38'' N, long. 72[deg]32'05'' W)

    That airspace extending upward from the surface to and including 
2,700 feet MSL within 5.7-mile radius of Westover AFB. This Class D 
airspace is effective during the specific dates and times 
established in advance by a Notice to Airman. The effective date and 
time will thereafter be continuously published in the Airport/
Facility Directory.
* * * * *

    Issued in Burlington, MA, on November 18, 2004.
William C. Yuknewicz,
Director of Operations, Eastern Flight Service Area.
[FR Doc. 04-26750 Filed 12-3-04; 8:45 am]
BILLING CODE 4910-13-M