[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Rules and Regulations]
[Pages 29939-29940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14821]



[[Page 29939]]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0326; Airspace Docket 09-ASO-15]


Establishment of Class D and Class E Airspace, Modification of 
Class E Airspace; Ocala, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule, request for comments.

-----------------------------------------------------------------------

SUMMARY: This action establishes Class D airspace and Class E surface 
airspace as an extension of the Class D airspace and modifies the 
existing Class E airspace that extends upwards from 700 feet above the 
surface of the Earth (E5) at Ocala International Airport--Jim Taylor 
Field in Ocala, FL. A new Federal Contract Air Traffic Control Tower is 
being built and the current Instrument Approach Procedures at Ocala 
International Airport--Jim Taylor Field are being amended. It is 
regulatory, therefore, that Class D and Class E surface airspace be 
established, and the existing Class E5 airspace be modified. This rule 
increases the safety and management of the National Airspace System 
(NAS) around Ocala International Airport--Jim Taylor Field.

DATES: Effective 0901 UTC, August 27, 2009. Comments should be received 
no later than July 24, 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.

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-2009-0326; Airspace Docket No. 09-ASO-015, 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, 
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/airports_airtraffic/air_traffic/publications/airspace_amendments/. 
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-
2009-0326; Airspace Docket No. 09-ASO-015.'' The postcard will be date 
stamped and returned to the commenter.

The Rule

    This amendment to Title 14 of the Code of Federal Regulations (14 
CFR) part 71 establishes Class D airspace and Class E surface airspace 
as an extension to Class D (E4) within a 4.4-mile radius plus minor 
extensions at the Ocala International Airport--Jim Taylor Field. To 
support Instrument Flight Rules operations at the airport, this rule 
also modifies the existing Class E5 airspace (airspace designated as 
beginning 700 feet or more above the surface of the Earth). This 
amendment also notes a name change from Ocala Municipal to Ocala 
International Airport--Jim Taylor Field.
    Class D and Class E airspace designations are published in 
Paragraph 5000, 6004 and 6005 respectively, 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 and Class E airspace 
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

[[Page 29940]]

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 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 modifies the Class D and Class E airspace at Ocala International 
Airport--Jim Taylor Field in Ocala, FL.

List 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 
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

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

Paragraph 5000 Class D Airspace.

* * * * *

ASO FL D OCALA, FL [NEW]

Ocala International Airport--Jim Taylor Field, Ocala, FL
    (Lat. 29[deg]10'21'' N, long. 082[deg]13'27'' W)

    That airspace extending upward from the surface of the Earth to 
and including 1,500 feet MSL within a 4.4-mile radius of the Ocala 
International Airport--Jim Taylor Field. This Class D airspace area 
is effective during the specific days and times established in 
advance by a Notice to Airmen. The effective dates and times will 
thereafter be continuously published in the Airport/Facility 
Directory.
* * * * *

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

* * * * *

ASO FL E4 OCALA, FL [NEW]

Ocala International Airport--Jim Taylor Field, Ocala, FL
    (Lat. 29[deg]10'21'' N, long. 082[deg]13'27'' W)

    That airspace extending upward from the surface of the Earth 
within 2.4 miles each side of the 174[deg] radial from the airport 
from 4.4 miles to 7.9 miles southeast 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 
dates and times will thereafter be continuously published in the 
Airport/Facility Directory.
* * * * *

Paragraph 6005 Class E Airspace Areas Extending Upward from 700 
feet or More Above the Surface of the Earth.

* * * * *

ASO FL E5 OCALA, FL [REVISED]

Ocala International Airport--Jim Taylor Field, Ocala, FL
    (Lat. 29[deg]10'21'' N, long. 082[deg]13'27'' W)

    That airspace extending upward from 700 feet above the surface 
within a 7.9-mile radius of Ocala International Airport--Jim Taylor 
Field.
* * * * *

    Issued in College Park, Georgia, on June 9, 2009.
    Signed by:
Barry A. Knight,
Manager, Operations Support Group, Eastern Service Center, Air Traffic 
Organization.
[FR Doc. E9-14821 Filed 6-23-09; 8:45 am]
BILLING CODE 4910-13-P