[Federal Register Volume 79, Number 35 (Friday, February 21, 2014)]
[Rules and Regulations]
[Pages 9855-9856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-03546]



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 Rules and Regulations
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  Federal Register / Vol. 79, No. 35 / Friday, February 21, 2014 / 
Rules and Regulations  

[[Page 9855]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2014-0085; Airspace Docket No. 14-AEA-2]


Revocation of Class E Airspace; Leesburg, VA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action removes Class E Airspace at Leesburg Executive 
Airport, Leesburg, VA. Surface area airspace is not required and was 
published in error in the Federal Register of January 3, 2014.

DATES: Effective 0901 UTC, February 21, 2014. 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.

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:

History

    On January 3, 2014, the FAA published in the Federal Register a 
final rule establishing Class E surface airspace at Leesburg Executive 
Airport, Leesburg, VA (79 FR 346) Docket No. FAA-2013-0033. The Class E 
surface area airspace was published in error and is removed. Class E 
airspace designations are published in paragraph 6002 of FAA Order 
7400.9X dated August 7, 2013, and effective September 15, 2013, which 
is incorporated by reference in 14 CFR Part 71.1.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR) 
part 71 removes Class E surface area airspace within a 6-mile radius at 
Leesburg Executive Airport, Leesburg, VA, Potomac TRACON found the 
airspace would not add to the orderly flow of air traffic in the area. 
The final rule published in the Federal Register of January 3, 2014, 
(FR 79 346), Docket No. FAA-2013-0033, establishing Class E surface 
area airspace at Leesburg Executive Airport, Leesburg, VA, was 
published in error.
    Since any delay in removing the controlled airspace in order to 
seek public comment would be inconsistent with the agency's safety 
mandate, immediate corrective action is required in the interest of 
flight safety. Therefore, notice and public procedure under 5 U.S.C. 
553(b) is impracticable and contrary to the public interest. Also, in 
consideration of the need to remove this controlled airspace to avoid 
confusion on the part of pilots flying in the vicinity of Leesburg, VA, 
and the Washington Dulles International Airport area, the FAA finds 
good cause, pursuant to 5 U.S.C. 553(d), for making this amendment 
effective in less than 30 days in order to promote the safe and 
efficient handling of airspace in the area.
    The FAA has determined that this regulation only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current, is 
non-controversial and unlikely to result in adverse or negative 
comments. 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 only affects air traffic procedures and air navigation, it is 
certified that this rule, when promulgated, does 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 removes controlled airspace at Leesburg Executive Airport, 
Leesburg, VA.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1E, ``Environmental Impacts: Policies and 
Procedures,'' paragraph 311a. This airspace action is not expected to 
cause any potentially significant environmental impacts, and no 
extraordinary circumstances exist that warrant preparation of an 
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 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 7400.9X, Airspace Designations and Reporting 
Points, dated August 7, 2013, effective September 15, 2013, is amended 
as follows:

[[Page 9856]]

Paragraph 6002 Class E Airspace Areas Extending Upward from the 
Surface of the Earth.

AEA VA E2 Leesburg, VA [Removed]

    Issued in College Park, Georgia, on February 11, 2014.
Eric Fox,
Acting Manager, Operations Support Group, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2014-03546 Filed 2-20-14; 8:45 am]
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