[Federal Register Volume 74, Number 28 (Thursday, February 12, 2009)]
[Proposed Rules]
[Pages 7010-7011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2972]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-1253; Airspace Docket No. 08-ANE-103]


Establishment of Class E Airspace; Nantucket, MA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to modify Class E Airspace at Nantucket, 
MA. The development of new Standard Instrument Approach Procedures 
(SIAPs) and the evaluation of current procedures are requiring the 
establishment of Class E Surface airspace designated as an extension to 
Class D airspace. This action would encompass the SIAPs and enhance the 
safety and airspace management around the Nantucket Memorial Airport, 
MA.

DATES: Comments must be received on or before March 16, 2009.

ADDRESSES: Send comments on this rule to: U.S. Department of 
Transportation, Docket Operations, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001; 
Telephone: 1-800-647-5527; Fax: 202-493-2251. You must identify the 
Docket Number FAA-2008-1253; Airspace Docket No. 08-ANE-103, 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: Daryl Daniels, Airspace Specialist, 
Operations Support Group, Eastern Service Center, Air Traffic 
Organization, Federal Aviation Administration, P.O. Box 20636, Atlanta, 
Georgia 30320; telephone (404) 305-5581.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    Interested persons are invited to comment on this rule 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-2008-1253; Airspace Docket No. 08-ANE-
103.'' 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 from and 
comments submitted through 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/. Persons interested in being placed 
on a mailing list for future NPRMs should

[[Page 7011]]

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 modify Class E airspace at 
Nantucket, MA. During an evaluation of current procedures and while 
developing new Standard Instrument Approach Procedures (SIAPs) for the 
airport it was determined that Class E surface airspace is required to 
the northeast of the airport, designated as an extension of the Class D 
surface area. Class E surface airspace designations as extensions to 
Class D (Class E4 airspace) are published in Paragraph 6004 of FAA 
Order 7400.9S, signed 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 proposed rule, when promulgated, would 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 proposed 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 modify Class E airspace at Nantucket, MA.

Lists 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, CLASS B, CLASS C, CLASS D, AND 
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS

    1. The authority citation for Part 71 will continue 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, signed October 3, 2008, and effective October 31, 
2008, is proposed to be amended as follows:

Paragraph 6004 Class E Airspace Areas Designated as an Extension to 
a Class D Surface Area

* * * * *

ANE MA E4 Nantucket, MA [NEW]

Nantucket Memorial Airport, MA
    (Lat. 41[deg]15'11'' N., long. 70[deg]03'37'' W.)

    That airspace extending upward from the surface of the Earth 
within 1.5 mile either side of the 045[deg] bearing from the 
Nantucket Memorial Airport extending from the 4.2 mile radius to 
12.6 miles Northeast of the airport. This Class E Surface airspace 
area is effective during the specific days and times established in 
advance by a Notice to Airmen. The effective days and times will 
thereafter be continuously published in the Airport/Facility 
Directory.
* * * * *

    Issued in College Park, Georgia, on January 20, 2009.
Mark D. Ward,
Manager, Operations Support Group, Eastern Service Center, Air Traffic 
Organization.
[FR Doc. E9-2972 Filed 2-11-09; 8:45 am]
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