[Federal Register Volume 70, Number 100 (Wednesday, May 25, 2005)]
[Rules and Regulations]
[Pages 29943-29944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10418]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2005-21141; Airspace Docket No. 05-AEA-11]


Amendment of Class E Airspace; Brunswick, ME

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This action amends the Class E airspace area at Brunswick 
Naval Air Station (NAS), ME. This action is prompted by the relocation 
of the Brunswick Navy TACAN navigational aid. Portions of the 
designated airspace were described using the TACAN radials and 
distances. This action describes the airspace using the Airport 
Reference Point (ARP) as the sole point of origin instead of the 
airport and TACAN.

DATES: Effective 0901 UTC, September 1, 2005.
    Comments for inclusion in the Rules Docket must be received on or 
before June 24, 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-2005-21141/Airspace Docket No. 05-AEA-11, 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 Area Director, Eastern Terminal Operations, 
Federal Aviation Administration, 1 Aviation Plaza, Jamaica, NY 11434-
4809; telephone (718) 553-4501; fax (718) 995-5691.

FOR FURTHER INFORMATION CONTACT: Mr. Francis T. Jordan, Airspace 
Specialist, Airspace and Operations, ETSU, 1 Aviation Plaza, Jamaica, 
NY 11434-4809; telephone (718) 553-4521; fax (718) 995-5693.

SUPPLEMENTARY INFORMATION: The FAA is revising the Class E airspace at 
Brunswick, ME from one based on the Brunswick TACAN and airport 
locations to one based solely on airport locations. The FAA uses the 
Brunswick, ME E-5 airspace to accommodate aircraft using standard 
instrument approach procedures (SIAPs) to Brunswick NAS and Wiscasset 
Airport under Instrument Flight Rules (IFR). The current definition of 
the airspace area uses the Brunswick Navy TACAN as a reference point. 
Since the United States Navy is changing the location of the TACAN, the 
airspace description must be changed to reference only the Airport 
Reference Point (ARP) for Brunswick NAS and Wiscasset Airport. This 
change will not result in any changes in the size of the Brunswick E-5 
controlled airspace area. Class E airspace designations for airspace 
areas extending upward from 700 feet above the surface are published in 
paragraph 6005 of FAA Order 7400.9M, dated August 30, 2004, and 
effective September 16, 2004, which is incorporated by reference in 14 
CFR

[[Page 29944]]

71.1. The Class E 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 
supports 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 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 Palmer 
Metropolitan Airport 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:


Sec.  71.1  [Amended]

Paragraph 6005--Class E airspace areas extending upward from 700 
feet or more above the surface of the earth.

* * * * *

ANE ME E5 Brunswick, ME [Revised]

Brunswick NAS, ME
    (Lat. 43[deg]53'32'' N, long. 69[deg]56'19'' W)
Wiscasset Airport, ME
    (Lat. 43[deg]57'40'' N, long. 69[deg]42'48'' W)

    That airspace extending upward from 700 feet above the surface 
within a 7.8-mile radius of Brunswick NAS and within 3 miles each 
side of the 169[deg] bearing from the Brunswick NAS extending from 
the 7.8-mile radius to 10 miles south of the airport and within an 
8.4-mile radius of Wiscasset Airport and within 4 miles south and 6 
miles north of the 109[deg] bearing from the Wiscasset Airport 
extending from the 8.4-mile radius to 15.5 miles east of the 
airport.
* * * * *

     Issued in Jamaica, New York, on May 18, 2005.
John G. McCartney,
Acting Area Director, Eastern Terminal Operations.
[FR Doc. 05-10418 Filed 5-24-05; 8:45 am]
BILLING CODE 4910-13-M