[Federal Register Volume 78, Number 68 (Tuesday, April 9, 2013)]
[Proposed Rules]
[Pages 21084-21085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08210]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0038; Airspace Docket No. 13-AEA-2]


Proposed Amendment of Class D and E Airspace, and Establishment 
of Class E Airspace; Oceana NAS, VA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class D and Class E Airspace 
operating hours, and establish Class E Airspace at Oceana Naval Air 
Station, (NAS), VA, due to the Air Traffic Control Tower at Oceana NAS 
(Apollo Soucek Field) operating on a part time basis. This action would 
enhance the safety and airspace management of Instrument Flight Rules 
(IFR) operations at the airport. This action also would update the 
airport's geographic coordinates.

DATES: Comments must be received on or before May 24, 2013.

ADDRESSES: Send comments on this rule to: U. S. Department of 
Transportation, Docket Operations, West Building Ground Floor, Room 
W12-140, 1200 New Jersey SE., Washington, DC 20590-0001; Telephone: 1-
800-647-5527; Fax: 202-493-2251. You must identify the Docket Number 
FAA-2013-0038; Airspace Docket No. 13-AEA-2, 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-2013-0038; Airspace Docket No. 13-AEA-2) 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.
    Persons 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-2013-0038; Airspace Docket No. 13-AEA-2.'' 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 
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal 
Holidays. An informal docket may also be examined between 8:30 a.m. and 
5:00 p.m. Monday through Friday, except Federal Holidays at the office 
of the Eastern Service Center, Federal Aviation Administration, room 
350, 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 the hours of operation for Class 
D airspace and Class E airspace designated as an extension to Class D 
surface airspace, and establish Class E airspace extending upward from 
the surface at Oceana NAS (Apollo Soucek Field), VA. The Air Traffic 
Control Tower at Oceana NAS is transitioning from a full time facility 
to part time. The geographic coordinates of the airport also would be 
adjusted to coincide with the FAA's aeronautical database.
    Class D airspace and Class E airspace designations are published in 
Paragraph 5000, 6002 and 6004, respectively, of FAA Order 7400.9W, 
dated August 8, 2012, and effective September 15, 2012, 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.
    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

[[Page 21085]]

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 D and Class E airspace at Oceana NAS 
(Apollo Soucek Field), VA.
    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies 
and Procedures'' prior to any FAA final regulatory action.

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, B, C, D, AND CLASS 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 FR9565, 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 7400.9W, Airspace Designations and Reporting 
Points, signed August 8, 2012, effective September 15, 2012, is amended 
as follows:

Paragraph 5000 Class D airspace.

* * * * *

AEA VA D Oceana NAS, VA [Amended]

Oceana NAS (Apollo Soucek Field), VA
    (lat. 36[deg]49'22'' N., long. 76[deg]01'55'' W.)
    That airspace extending upward from the surface to and including 
2,500 feet MSL within a 4.3-mile radius of Oceana NAS (Apollo Soucek 
Field). This Class D airspace area is effective during 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.

Paragraph 6002 Class E airspace designated as surface areas.

* * * * *

AEA VA E2 Oceana NAS, VA [New]

Oceana NAS (Apollo Soucek Field), VA
    (lat. 36[deg]49'22'' N., long. 76[deg]01'55'' W.)
Navy Oceana TACAN
    (lat. 36[deg]49'27'' N., long. 76[deg]02'13'' W)
NALF Fentress, VA
    (lat. 36[deg]41'43'' N., long. 76[deg]08'08'' W.)
    That airspace extending upward from the surface within a 4.3-
mile radius of Oceana NAS (Apollo Soucek Field), and within 1.8 
miles each side of the Navy Oceana TACAN 213[deg] radial extending 
from the 4.3-mile radius of Oceana NAS (Apollo Soucek Field) to 9.3 
miles southwest of the TACAN and within a 2.7-mile radius of NALF 
Fentress. This Class E airspace area is effective during 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.

Paragraph 6004 Class E airspace designated as an extension to a 
Class D surface area.

* * * * *

AEA VA E4 Oceana NAS, VA [Amended]

Oceana NAS (Apollo Soucek Field)
    (lat. 36[deg]49'22'' N., long. 76[deg]01'55'' W.)
Navy Oceana TACAN
    (lat. 36[deg]49'27'' N., long. 76[deg]02'13'' W.)
NALF Fentress, VA
    (lat. 36[deg]41'43'' N., long. 76[deg]08'08'' W.)
    That airspace extending upward from the surface within 1.8 miles 
each side of the Navy Oceana TACAN 213[deg] radial extending from 
the 4.3-mile radius of Oceana NAS (Apollo Soucek Field) to 9.3 miles 
southwest of the TACAN and within a 2.7-mile radius of NALF 
Fentress. This Class E airspace area is effective during 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.


    Issued in College Park, Georgia, on March 29, 2013.
Barry A. Knight,
Manager, Operations Support Manager, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2013-08210 Filed 4-8-13; 8:45 am]
BILLING CODE 4910-13-P