[Federal Register Volume 73, Number 35 (Thursday, February 21, 2008)]
[Rules and Regulations]
[Pages 9442-9443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-725]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0067; Airspace Docket No. 08-ANE-98]


Establishment of Class E Airspace; Rockport, ME

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION:  Direct final rule, request for comments.

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SUMMARY:  This action establishes Class E Airspace at Rockport, ME, to 
support a new Area Navigation (RNAV) Global Positioning System (GPS) 
Special Instrument Approach Procedure (IAP) that has been developed for 
medical flight operations into the Penobscot Bay Medical Center. This 
action enhances the safety and management of Instrument Flight Rule 
(IFR) operations by providing that required controlled airspace to 
protect for this approach around Rockport, ME.

DATES:  Effective 0901 UTC, June 5, 2008. The Director of the Federal 
Register approves this incorporation by reference action under title 1, 
Code of Federal Regulations, part 51, subject to the annual revision of 
FAA Order 7400.9 and publication of conforming amendments. Comments for 
inclusion in the Rules Docket must be received on or before April 7, 
2008.

ADDRESSES:  Send comments to this rule to: U.S. Department of 
Transportation, Docket Operations, West Building, Ground Floor, Room 
W12-140, 1200 New Jersey, SE., Washington, DC 20590-0001; Telephone 1-
800-647-5527; Fax; 202-493-2251. You must identify the Docket Number 
FAA-2008-0067; Airspace Docket No. 08-ANE-98, at the beginning of your 
comments. You may also submit and review received comments through the 
Internet at http://www.regulations.gov.
    You may review the public docket containing the rule, any comments 
received, and any final disposition in person in the Dockets Office 
(see ADDRESSES section for address and phone number) between 9 a.m. and 
5 p.m., Monday through Friday, except Federal Holidays.
    An informal docket may also be examined during normal business 
hours at the office of the Eastern Service Center, Federal Aviation 
Administration, Room 210, 1701 Columbia Avenue, College Park, Georgia 
30337.

FOR FURTHER INFORMATION CONTACT:  Melinda Giddens, System Support 
Group, Eastern Service Center, Federal Aviation Administration, P.O. 
Box 20636, Atlanta, Georgia 30320; telephone (404) 305-5610.

SUPPLEMENTARY INFORMATION:

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse 
or negative comments, and, therefore, issues it as a direct final rule. 
The FAA has determined that this rule 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 effective date. If the FAA receives, 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. An electronic copy of this document 
may be downloaded from and comments may be submitted and reviewed at 
http://www.regulations.gov. Recently published rulemaking documents can 
also be accessed through the FAA's Web page at http://www.faa.gov or 
the Federal Register's web page at http://www.gpoaccess.gov/fr/index.html. Communications should identify both docket numbers and be 
submitted in triplicate to the address specified under the caption 
ADDRESSES above or through the Web site. 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.
    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. 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. All comments submitted 
will be available, both before and after the closing date for comments, 
in the Rules docket for examination by interested persons. Those 
wishing the FAA to acknowledge receipt of their comments submitted in 
response to this rule must submit a self-addressed, stamped postcard on 
which the following statement is made: ``Comments to Docket No. FAA-
2008-0067; Airspace Docket No. 08-ANE-98.'' The postcard

[[Page 9443]]

will be date stamped and returned to the commenter.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR) 
part 71 establishes Class E airspace at Rockport, ME providing the 
controlled airspace required to support the new Copter Area Navigation 
(RNAV) Global Positioning System (GPS) 287 Point in Space (PinS) 
approach developed for the Penobscot Bay Medical Center. Controlled 
airspace extending upward from 700 feet Above Ground Level (AGL) is 
required for Instrument Flight Rules (IFR) operations and to encompass 
all Instrument Approach Procedures (IAPs) to the extent practical, 
therefore, the FAA is amending Title 14, Code of Federal Regulations 
(14 CFR) part 71 to establish a 6-mile radius Class E5 airspace at 
Rockport, ME. Designations for Class E airspace areas extending upward 
from 700 feet or more above the surface of the Earth are published in 
FAA Order 7400.9R, signed August 15, 2007 effective September 15, 2007, 
which is incorporated by reference in 14 CFR part 71.1. The Class E 
designations listed in this document will be published subsequently in 
the Order.

Agency Findings

    The regulations adopted herein will not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among various levels of government. Therefore, it is 
determined that this final rule does not have federalism implications 
under Executive Order 13132.
    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, is 
non-controversial and unlikely to result in adverse or negative 
comments. 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, when promulgated, will not have significant 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act.
    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. Under that section, the 
FAA is charged with prescribing regulations to assign the use of 
airspace necessary to ensure the safety of aircraft and the efficient 
use of airspace. This regulation is within the scope of that authority 
as it establishes controlled airspace near the Penobscot Bay Medical 
Center in Rockport, ME.

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, B, C, D AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

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.


Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation 
Administration Order 7400.9R, Airspace Designations and Reporting 
Points, signed August 15, 2007, effective September 15, 2007, is 
amended as follows:

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

* * * * *

ABE ME E5 Rockport, ME [New]

Penobscot by Medical Center
    (Lat. 44[deg]08[min]35[sec] N., long. 69[deg]05[min]07[sec] W.)
Point in Space coordinates
    (Lat. 44[deg]08[min]35[sec] N., long. 69[deg]04[min]13[sec] W.)

    That airspace extending upward from 700 feet above the surface 
of the Earth within a 6-mile radius of the Point in Space 
Coordinates (lat. 44[deg]08[min]35[sec] N., long. 
69[deg]04[min]13[sec] W.) serving the Penobscot Bay Medical Center.
* * * * *

    Issued in College Park, Georgia, on January 31, 2008.
Barry A. Knight,
Acting Manager, System Support Group, Eastern Service Center.
[FR Doc. 08-725 Filed 2-20-08; 8:45 am]
BILLING CODE 4910-13-M