[Federal Register Volume 73, Number 244 (Thursday, December 18, 2008)]
[Proposed Rules]
[Pages 76981-76982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30023]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-1291; Airspace Docket No. 08-AGL-20]


Proposed Amendment of Class E Airspace; Milwaukee, WI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to amend Class E airspace for the 
Milwaukee, WI, area. Controlled airspace is necessary to accommodate 
new Standard Instrument Approach Procedures (SIAPs) at Waukesha County 
Airport, Waukesha, WI. The FAA is taking this action to enhance the 
safety and management of Instrument Flight Rules (IFR) aircraft 
operations at Waukesha County Airport. Also, a technical amendment is 
being made changing the name of John H. Batten Field to John H. Batten 
Airport.

DATES: 0901 UTC. Comments must be received on or before February 2, 
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-2008-1291/Airspace Docket No. 08-
AGL-20, 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 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 Center, 
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,

[[Page 76982]]

environmental, and energy-related aspects of the proposal. 
Communications should identify both 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-2008-1291/
Airspace Docket No. 08-AGL-20.'' 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 NPRM's 
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 amending Class E airspace for the Milwaukee, WI, 
area. Specifically, additional controlled airspace is needed for SIAPs 
operations at Waukesha County Airport, Waukesha, WI. Also, John H. 
Batten Field would be changed to John H. Batten Airport. The area would 
be depicted on appropriate aeronautical charts.
    Class E airspace areas are published in Paragraph 6005 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 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 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 amend 
controlled airspace for the Milwaukee, WI area.

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 7400.9S, Airspace Designations and 
Reporting Points, dated October 3, 2008, and effective October 31, 
2008, is amended as follows:

Paragraph 6005 Class E Airspace areas extending upward from 700 
feet or more above the surface of the earth.

* * * * *

AGL WI E5 Milwaukee, WI [Amended]

Milwaukee, General Mitchell International Airport, WI
    (Lat. 42[deg]56'50'' N., long. 87[deg]53'48'' W.)
Racine, John H. Batten Airport, WI
    (Lat. 42[deg]45'40'' N., long. 87[deg]48'50'' W.)
Waukesha, Waukesha County Airport, WI
    (Lat. 43[deg]02'28'' N., long. 88[deg]14'13'' W.)
Milwaukee, Lawrence J. Timmerman Airport, WI
    (Lat. 43[deg]06'37'' N., long. 88[deg]02'04'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 8.4-mile radius of General Mitchell International Airport, 
and within an 8.1-mile radius of John H. Batten Airport, and within 
a 7.5-mile radius of the Waukesha County Airport, and within 2 miles 
each side of the 282[deg] bearing from the Waukesha County Airport 
extending from the 7.5-mile radius to 10.5 miles west of the 
Waukesha County Airport, and within an 8.9-mile radius of Lawrence 
J. Timmerman Airport.
* * * * *

    Issued in Fort Worth, TX on December 10, 2008.
Walter L. Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. E8-30023 Filed 12-17-08; 8:45 am]
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