[Federal Register Volume 73, Number 189 (Monday, September 29, 2008)]
[Rules and Regulations]
[Pages 56470-56471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22443]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0836; Airspace Docket No. 08-AEA-23]


Amendment of Class E Airspace; Butler, PA; Removal of Class E 
Airspace; East Butler, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action amends Class E Airspace at Butler, PA to merge the 
existing Class E Airspace listed under East Butler, PA, which will be 
removed. The protected airspace that was developed for an Area 
Navigation (RNAV) Global Positioning System (GPS) Special Instrument 
Approach Procedure (lAP) for medical flight operations into Butler 
Memorial Hospital Heliport, PA was erroneously listed under East 
Butler, PA. This action corrects that mistake by listing all applicable 
airspace under the correct location of Butler, PA. Additionally, this 
action imparts a technical amendment by correctly listing the Butler 
County Airport as Butler Co./K W Scholter Field Airport.

DATES: Effective 0901 UTC, January 15, 2009. 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 November 13, 2008.

ADDRESSES: Send comments on 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 0836; Airspace Docket No. 08-AEA-23, 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, Operations 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

[[Page 56471]]

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-
2008-0836; Airspace Docket No. 08-AEA-23.'' The postcard will be date 
stamped and returned to the commenter.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR) 
part 71 merges Class E Airspace at Butler, PA with the already existing 
Class E Airspace titled East Butler, PA. The controlled airspace 
required to support the Copter Area Navigation (RNAV) Global 
Positioning System (GPS) Point in Space (PinS) approach developed for 
the Butler Memorial Hospital Heliport was mistakenly listed under East 
Butler, PA. 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 (lAPs) 
to the extent practical, therefore, the FAA is amending Title 14, Code 
of Federal Regulations (14 CFR) part 71 to rectify the Class E5 
airspace at Butler, PA. The official name is also amended to Butler 
Co./K. W. Scholter Field Airport. 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 
noncontroversial 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 a 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 amends and removes controlled airspace at Butler and East Butler, 
PA.

Lists 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.

* * * * *

AEA PA E5 Butler, PA [Amended]

Butler County/K W Scholter Field Airport
    (Lat. 40[deg]46'37'' N., long. 79[deg]56'59'' W.)
Butler Memorial Hospital Heliport
    (Lat. 40[deg]52'01'' N., long. 79[deg]52'48'' W.)
Point in Space Coordinates
    (Lat. 40[deg]51'19'' N., long. 79[deg]51'51'' W.)

    That airspace extending upward from 700 feet above the surface 
of the Earth within a 6.4-mile radius of Butler County/K W Scholter 
Field Airport and within a 6-mile radius of the Point in Space 
Coordinates (lat. 40[deg]51'19'' N., long. 79[deg]51'51'' W.) 
serving the Butler Memorial Hospital Heliport.
* * * * *

AEA PA E5 East Butler, PA [Remove]

* * * * *

    Issued in College Park, Georgia, on August 20, 2008.
Kathy Swann,
Acting Manager, Operations Support Group, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. E8-22443 Filed 9-26-08; 8:45 am]
BILLING CODE 4910-13-M