[Federal Register Volume 73, Number 225 (Thursday, November 20, 2008)]
[Proposed Rules]
[Pages 70287-70288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27544]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-1102; Airspace Docket No. 08-AGL-8]


Proposed Establishment of Class D Airspace; Branson, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to establish Class D airspace at Branson 
Airport, Branson, MO. The establishment of an air traffic control tower 
has made this action necessary for the safety of Instrument Flight Rule 
(IFR) operations at Branson Airport.

DATES: 0901 UTC. Comments must be received on or before January 5, 
2009.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West 
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You 
must identify the docket number FAA-2008-1102/Airspace Docket No. 08-
AGL-8, at the beginning of your comments. You may also submit comments 
through 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 between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The Docket Office 
(telephone 1-800-647-5527) is on the ground floor of the building at 
the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Area, 
Operations Support Group, Federal Aviation Administration, Southwest 
Region, 2601 Meacham Blvd., Fort Worth, TX 76193-0530; telephone: (817) 
222-5582.

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

[[Page 70288]]

docket numbers and be submitted in triplicate to the address listed 
above. Commenters 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-2008-1102/Airspace Docket No. 08-AGL-8.'' 
The postcard will be date/time stamped and returned to the commenter.

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/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    Additionally, any person may obtain a copy of this notice by 
submitting a request to the Federal Aviation Administration (FAA), 
Office of Air Traffic Airspace Management, ATA-400, 800 Independence 
Avenue, SW., Washington, DC 20591, or by calling (202) 267-8783. 
Communications must identify both docket numbers for this notice. 
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

    This action proposes to amend Title 14, Code of Federal Regulations 
(14 CFR), Part 71 by establishing Class D airspace for IFR operations 
at Branson Airport, Branson, MO, where a new control tower has been 
installed. The Class D airspace will revert to a Class E Surface Area 
during those periods when the control tower is not operating. This area 
would be depicted on appropriate aeronautical charts.
    Class D airspace areas are published in Paragraph 5000 of FAA Order 
7400.9S, dated October 3, 2008, and effective October 31, 2008, which 
is incorporated by reference in 14 CFR 71.1. The Class D 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 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 U.S. 
Code. Subtitle 1, 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 would establish 
controlled airspace at Branson Airport, Branson, MO.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, 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 7400.9S, Airspace Designations and 
Reporting Points, dated October 3, 2008, and effective October 31, 
2008, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ACE MO D Branson, MO [New]

Branson Airport, MO
    (Lat. 36[deg]31'55'' N., long. 93[deg]12'02'' W.)

    That airspace extending upward from the surface to and including 
3,800 feet MSL within a 4.1-mile radius of Branson Airport. This 
Class D airspace area is effective during the specific dates and 
times established in advance by a Notice to Airmen. The effective 
date and time will thereafter be continuously published in the 
Airport/Facility Directory.

    Issued in Fort Worth, TX on October 28, 2008.
Walter L. Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. E8-27544 Filed 11-19-08; 8:45 am]
BILLING CODE 4910-13-P