[Federal Register Volume 70, Number 100 (Wednesday, May 25, 2005)]
[Rules and Regulations]
[Pages 29944-29946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10419]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2005-21142; Airspace Docket No. 05-AEA-12]


Amendment of Class E Airspace; Brunswick, ME

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action amends the Class E-4 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

[[Page 29945]]

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-2005-21142/Airspace Docket No. 05-AEA-12, 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 am and 5 pm, 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 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-4 airspace 
designation at Brunswick, ME from one based on the Brunswick TACAN and 
the airport location to one based solely on the airport location. The 
FAA uses the Brunswick, ME E-4 airspace to accommodate aircraft using 
standard instrument approach procedures (SIAPs) to Brunswick NAS 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). This change will not result in any changes in the size of 
the Brunswick E-4 controlled airspace area. Class E-4 airspace 
designations for airspace areas extending upward from the surface are 
published in paragraph 6004 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 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:

[[Page 29946]]

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 6004--Class E airspace areas extending upward from the 
surface of the earth.

* * * * *

ANE ME E4 Brunswick, ME [Revised]

Brunswick NAS, ME
    (Lat. 43[deg]53'32''N, long. 69[deg]56'19''W)

    That airspace extending upward from the surface within 3 miles 
each side of the 169[deg] bearing from the Brunswick NAS extending 
from the 4.3-mile radius of the airport to 6.5 miles south of the 
airport and within 2 miles each side of the 017[deg] bearing from 
the Brunswick NAS extending from the 4.3-mile radius of the airport 
to 9.5 miles northeast of the airport.
* * * * *

    Issued in Jamaica, New York, on May 18, 2005.
John G. McCartney,
Acting Area Director, Eastern Terminal Operations.
[FR Doc. 05-10419 Filed 5-24-05; 8:45 am]
BILLING CODE 4910-13-M