[Federal Register Volume 74, Number 47 (Thursday, March 12, 2009)]
[Proposed Rules]
[Pages 10691-10692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5280]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0002; Airspace Docket No. 09-AWP-1]


Proposed Establishment of Class E Airspace; Kona, HI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E airspace at Kona 
International Airport at Keahole, Kona, HI. Additional controlled 
airspace is necessary to accommodate aircraft utilizing the Kona 
International Airport at Keahole when the Air Traffic Control Tower is 
non operational. The FAA is proposing this action to enhance the safety 
and management of aircraft operations at Kona International Airport at 
Keahole, Kona, HI.

DATES: Comments must be received on or before April 27, 2009.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. 
Telephone (202) 366-9826. You must identify FAA Docket No. FAA-2009-
0002; Airspace Docket No. 09-AWP-1, at the beginning of your comments. 
You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation 
Administration, Operations Support Group, AJV-W2, Western Service 
Center, 1601 Lind Avenue, SW., Renton, WA 98057; telephone (425) 203-
4537.

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 (FAA Docket No. 
FAA 2009-0002 and Airspace Docket No. 09-AWP-1) and be submitted in 
triplicate to the Docket Management System (see ADDRESSES section for 
address and phone number). You may also submit comments through the 
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments 
on this action must submit with those comments a self-addressed stamped 
postcard on which the following statement is made: ``Comments to FAA 
Docket No. FAA-2009-0002 and Airspace Docket No. 09-AWP-1''. The 
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date 
for comments will be considered before taking action on the proposed 
rule. The proposal contained in this action may be changed in light of 
comments received. All comments submitted will be available for 
examination in the public docket both before and after the closing date 
for comments. A report summarizing each substantive public contact with 
FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRM's

    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/.
    You may review the public docket containing the proposal, any 
comments received, and any final disposition in person in the Dockets 
Office (see the ADDRESSES section for the 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 Northwest Mountain Regional Office of the Federal 
Aviation Administration, Air Traffic Organization, Western Service 
Center, Operations Support Group, 1601 Lind Avenue, SW., Renton, WA 
98057.
    Persons interested in being placed on a mailing list for future 
NPRM's should contact the FAA's Office of Rulemaking, (202) 267-9677, 
for a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution System, which describes the application 
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal 
Regulations (14 CFR) part 71 by establishing Class E airspace at Kona 
International Airport at Keahole, Kona, HI. Controlled airspace

[[Page 10692]]

is necessary to accommodate aircraft utilizing the Kona International 
Airport at Keahole when the Air Traffic Control Tower is non-
operational. This airspace is effective during the specific dates and 
times established in advance by a Notice to Airmen. This action would 
enhance the safety and management of aircraft operations at Kona 
International Airport at Keahole, Kona, HI.
    Class E airspace designations are published in paragraph 6005 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 will be published 
subsequently in this 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. 
Therefore, this proposed regulation: (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 U.S. Code. Subtitle 1, Section 106, describes 
the authority for 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 that 
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 establishes additional controlled airspace at Kona International 
Airport at Keahole, Kona, HI.

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; AIR 
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for 14 CFR 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 the FAA Order 
7400.9S, Airspace Designations and Reporting Points, signed October 3, 
2008, and effective October 31, 2008 is amended as follows:

Paragraph 6002 Class E airspace designated as surface areas.

* * * * *

AWP HI E2 Kailua-Kona, HI [New]

Kona International Airport at Keahole, HI
    (Lat. 19[deg]44'20'' N., long. 156[deg]02'44'' W.)

    That airspace extending upward from the surface to and including 
2,500 feet MSL within a 4.3-mile radius of Kona International 
Airport at Keahole. This Class E 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, Pacific Chart 
supplement.
* * * * *

    Issued in Seattle, Washington, on February 17, 2009.
H. Steve Karnes,
Acting Manager, Operations Support Group, Western Service Center.
 [FR Doc. E9-5280 Filed 3-11-09; 8:45 am]
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