[Federal Register Volume 73, Number 53 (Tuesday, March 18, 2008)]
[Proposed Rules]
[Pages 14408-14409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5170]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0131; Airspace Docket 08-AEA-12]


Proposed Establishment of Class E Airspace; Philippi, WV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to establish Class E airspace at 
Philippi, WV. Area Navigation (RNAV) Global Positioning System (GPS) 
Standard Instrument Approach Procedures (SIAP) Runways (RWY) 08-26 has 
been developed for Philippi/Barbour County Regional Airport. As a 
result, controlled airspace extending upward from 700 feet Above Ground 
Level (AGL) is needed to contain the SIAP and for Instrument Flight 
Rule (IFR) operations at Philippi/Barbour County Regional Airport. The 
operating status of the airport will change from Visual Flight Rules 
(VFR) to include IFR operations concurrent with the publication of the 
SIAP. This action enhances the safety and airspace management of 
Philippi/Barbour County Regional Airport.

DATES: Comments must be received on or before May 2, 2008.

ADDRESSES: Send comments on this proposal to: U. S. Department of 
Transportation, Docket Operations, West Building, Ground Floor, Room 
W12-140, 1200 New Jersey Ave., SE., Washington, DC 20590-0001; 
Telephone: 1-800-647-5527; Fax: 202-493-2251. You must identify the 
docket number FAA-2008-0131; Airspace Docket 08-AEA-12, at the 
beginning of your comments. You may also submit comments on the 
Internet at http://www.regulations.gov.
    You may review the public docket containing the proposal, 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: Daryl Daniels, Airspace Specialist, 
System Support Group, Eastern Service Center, Federal Aviation 
Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 
305-5581.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views or arguments, as they 
may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal.
    Comments are specifically invited on the overall regulatory, 
aeronautical, economic, environmental, and energy-related aspects of 
the proposal. Communications should identify both docket numbers and be 
submitted in triplicate to the address listed above. Those wishing the 
FAA to acknowledge receipt of their comments on this notice must submit 
with those comments a self-addressed, stamped postcard on which the 
following statement is made: ``Comments to Docket No. FAA-2008-0131; 
Airspace Docket No. 08-AEA-12.'' The postcard will be date/time stamped 
and returned to the commenter. All communications received before the 
specified closing date for comments will be considered before taking 
action on the proposed rule. The proposal contained in this notice may 
be changed in light of the comments received. A report summarizing each 
substantive public contact with FAA personnel concerned with this 
rulemaking will be filed in the docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
Internet 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. Persons interested in being placed on 
a mailing list for future NPRMs should contact the FAA's Office of 
Rulemaking, (202) 267-9677, to request a copy of Advisory Circular No. 
11-2A, Notice of Proposed Rulemaking Distribution System, which 
describes the application procedure.

The Proposal

    The FAA is considering an amendment to Part 71 of the Code of 
Federal Regulations (14 CFR part 71) to establish Class E airspace at 
Philippi, WV. Class E airspace designations for airspace areas 
extending upward from 700 feet or more above the surface of the Earth 
are published in Paragraph 6005 of FAA Order 7400.9R, signed August 15, 
2007, and effective September 15, 2007, which is incorporated by 
reference in 14 CFR 71.1. The Class E airspace designation listed in 
this document would be published subsequently in the Order.
    The FAA has determined that this proposed 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, when promulgated, will not have a

[[Page 14409]]

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 proposes to establish Class E airspace at Philippi, WV.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; 
AIRWAYS; ROUTES; AND REPORTING POINTS

    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]

    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, and 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

* * * * *

AEA WV E5 Philippi, WV [New]

Philippi/Barbour County Regional Airport, WV
    (Lat. 39[deg]09[min]58[sec] N., long. 80[deg]03[min]45[sec] W.)

    That airspace extending upward from 700 feet above the surface 
of the Earth within a 6.6-mile radius of Philippi/Barbour County 
Regional Airport.
* * * * *

    Issued in College Park, Georgia, on February 25, 2008.
Mark D. Ward,
Manager, System Support Group Eastern Service Center.
 [FR Doc. E8-5170 Filed 3-17-08; 8:45 am]
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