[Federal Register Volume 76, Number 73 (Friday, April 15, 2011)]
[Proposed Rules]
[Pages 21266-21268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9223]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0070; Airspace Docket No. 10-ASO-43]


Proposed Amendment of Class E Airspace; Cocoa, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E Airspace at Cocoa, FL, 
as

[[Page 21267]]

the Merritt Island Non-Directional Beacon (NDB) has been decommissioned 
and new Standard Instrument Approach Procedures have been developed at 
Merritt Island Airport. This action would enhance the safety and 
airspace management of Instrument Flight Rules (IFR) operations at the 
airport.

DATES: Comments must be received on or before May 31, 2011.

ADDRESSES: Send comments on this rule to: U.S. Department of 
Transportation, Docket Operations, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Ave., SE., Washington, DC 20590-0001; 
Telephone: 1-800-647-5527; Fax: 202-493-2251. You must identify the 
Docket Number FAA-2011-0070; Airspace Docket No. 10-ASO-43, at the 
beginning of your comments. You may also submit and review received 
comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support 
Group, Eastern Service Center, Federal Aviation Administration, P.O. 
Box 20636, Atlanta, Georgia 30320; telephone (404) 305-6364.

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 (FAA Docket No. 
FAA-2011-0070; Airspace Docket No. 10-ASO-43) 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.
    Annotators 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 Docket 
No. FAA-2011-0070; Airspace Docket No. 10-ASO-43.'' 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/.
    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 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.
    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

    The FAA is considering an amendment to Title 14, Code of Federal 
Regulations (14 CFR) part 71 to amend Class E airspace extending upward 
from 700 feet above the surface to support new standard instrument 
approach procedures developed at Merritt Island Airport, Cocoa, FL. 
Airspace reconfiguration is necessary due to the decommissioning of the 
Merritt Island NDB and cancellation of the NDB approach, and for 
continued safety and management of IFR operations at the airport.
    Class E airspace designations are published in Paragraph 6005 of 
FAA order 7400.9U, dated August 18, 2010, and effective September 15, 
2010, which is incorporated by reference in 14 CFR 71.1. The Class E 
airspace designation listed in this document will 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 proposed regulation is within the scope 
of that authority as it would amend Class E airspace at Merritt Island 
Airport, Cocoa, FL.

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; AIR 
TRAFFIC SERVICE 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 7400.9U, Airspace Designations and 
Reporting Points, dated August 18, 2010, effective September 15, 2010, 
is amended as follows:


[[Page 21268]]



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

* * * * *

ASO FL E5 Cocoa, FL [Amended]

Merritt Island Airport, FL
    (Lat. 28[deg]20'30'' N., long. 80[deg]41'08'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.3-mile radius of the Merritt Island Airport and within 
2.5 miles each side of the 303[deg] bearing from the Merritt Island 
Airport, extending from the 6.3-mile radius to 7 miles northwest of 
the airport; excluding that airspace within the Titusville, FL, and 
Melbourne, FL, Class E airspace areas.

    Issued in College Park, Georgia, on April 6, 2011.
Mark D. Ward,
Manager, Operations Support Group, Eastern Service Center, Air Traffic 
Organization.
[FR Doc. 2011-9223 Filed 4-14-11; 8:45 am]
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