Modification of Class D and E Airspace; Albemarle, NC, 20869-20870 [E9-10397]
Download as PDF
Federal Register / Vol. 74, No. 86 / Wednesday, May 6, 2009 / Rules and Regulations
20636, Atlanta, Georgia 30320;
telephone (404) 305–5610.
SUPPLEMENTARY INFORMATION:
Confirmation of Effective Date
The FAA published this direct final
rule with a request for comments in the
Federal Register on December 15, 2008
(73 FR 75941), Docket No. FAA–2008–
1094; Airspace Docket No. 08–ASO–18.
The FAA uses the direct final
rulemaking procedure for a noncontroversial rule where the FAA
believes that there will be no adverse
public comment. This direct final rule
advised the public that no adverse
comments were anticipated, and that
unless a written adverse comment, or a
written notice of intent to submit such
an adverse comment, were received
within the comment period, the
regulation would become effective on
March 12, 2009. No adverse comments
were received, and thus this notice
confirms that effective date.
*
*
*
*
*
Issued in College Park, Georgia, on April
21, 2009.
Barry A. Knight,
Manager, Operations Support Group, Eastern
Service Center, Air Traffic Organization.
[FR Doc. E9–10395 Filed 5–5–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
The Direct Final Rule Procedure
14 CFR Part 71
[Docket No. FAA–2009–0203; Airspace
Docket No. 09–ASO–12]
Modification of Class D and E
Airspace; Albemarle, NC
rwilkins on PROD1PC63 with RULES
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Direct final rule, request for
comments.
SUMMARY: This action modifies Class D
and Class E airspace at Albemarle, NC.
Controlled airspace is being expanded
to contain the Final Approach Fix (FAF)
for a Standard Instrument Approach
Procedure (SIAP) into Stanly County
Airport. This action enhances the
National Airspace System by providing
controlled airspace in the vicinity of
Albemarle, NC.
DATES: Effective 0901 UTC, August 27,
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
VerDate Nov<24>2008
17:14 May 05, 2009
amendments. Comments for inclusion
in the Rules Docket must be received on
or before June 22, 2009.
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–
2009–0203; Airspace Docket No. 09–
ASO–12, at the beginning of your
comments. You may also submit and
review received comments through the
Internet at https://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
Group, Federal Aviation
Administration, P.O. Box 20636,
Atlanta, Georgia 30320; Telephone (404)
305–5610, Fax 404–305–5572.
SUPPLEMENTARY INFORMATION:
Jkt 217001
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.
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
20869
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. The direct final rule
is used in this case to facilitate the
timing of the charting schedule and
enhance the operation at the airport,
while still allowing and requesting
public comment on this rulemaking
action. An electronic copy of this
document may be downloaded from and
comments submitted through https://
www.regulations.gov. 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. Recently published
rulemaking documents can also be
accessed through the FAA’s Web page at
https://www.faa.gov/airports_airtraffic/
air_traffic/publications/
airspace_amendments/.
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–2009–0203; Airspace
Docket No. 09–ASO–12.’’ The postcard
will be date stamped and returned to the
commenter.
The Rule
This amendment to Title 14, Code of
Federal Regulations (14 CFR) part 71
revises Class D and E Airspace at
Albemarle, NC by modifying the Stanly
County Airport Class D and E airspace
to provide adequate controlled airspace
for IFR operations at Albemarle, NC.
While designing a specific approach at
Stanly County Airport a violation was
discovered for the Final Segment due to
an overlying Special Use Airspace (Alert
E:\FR\FM\06MYR1.SGM
06MYR1
20870
Federal Register / Vol. 74, No. 86 / Wednesday, May 6, 2009 / Rules and Regulations
rwilkins on PROD1PC63 with RULES
Area 531), thus the associated
controlled airspace is being modified to
incorporate the portion of the final that
is affected. Controlled airspace
extending upward from the surface of
the Earth is required to encompass the
airspace necessary for instrument
approaches for aircraft operating under
Instrument Flight Rules (IFR).
Designations for Class D and E airspace
areas extending upward from the
surface of the Earth are published in
FAA Order 7400.9S, signed October 3,
2008, and effective October 31, 2008,
which is incorporated by reference in 14
CFR part 71.1. The Class D and E
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
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 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
VerDate Nov<24>2008
17:14 May 05, 2009
Jkt 217001
efficient use of airspace. This regulation
is within the scope of that authority as
it modifies controlled airspace at
Albemarle, NC.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (Air).
Issued in College Park, Georgia, on March
19, 2009.
Barry A. Knight,
Acting Manager, Operations Support Group,
Eastern Service Center, Air Traffic
Organization.
[FR Doc. E9–10397 Filed 5–5–09; 8:45 am]
BILLING CODE 4910–13–P
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR Part 71 as follows:
■
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
PART 71—DESIGNATION OF CLASS A,
B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
[Docket No. 090406632–9631–01]
RIN 0694–AC74
■
Removal of T 37 Jet Trainer Aircraft
and Parts From the Commerce Control
List
Authority: 49 U.S.C. 106(g); 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
AGENCY: Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
§ 71.1
SUMMARY: This rule removes the T 37 jet
trainer aircraft and specially designed
component parts from under the
Department of Commerce’s licensing
jurisdiction on the Commerce Control
List (CCL). T 37 jet trainer aircraft
appear on the CCL administered by the
Department of Commerce, Bureau of
Industry and Security (BIS). However,
the Department of State, Directorate of
Defense Trade Controls (DDTC) reviews
license applications for these aircraft
and parts. BIS is removing these aircraft
and parts from the CCL to avoid
potentially overlapping coverage and
reduce the possibility of confusion by
the public.
DATES: This rule is effective: May 6,
2009.
1. The authority citation for Part 71
continues to read as follows:
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.9S, Airspace
Designations and Reporting Points,
signed October 3, 2008, effective
October 31, 2008, is amended as
follows:
■
Paragraph 5000
Class D Airspace.
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ASO NC D
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Albemarle, NC [REVISED]
Stanly County Airport, NC
(Lat. 35°25′0.101″ N., long 80°09′03″ W.)
That airspace extending upward from the
surface to and including 3,100 feet MSL
within a 5.8-mile radius of Stanly County
Airport and within 1.5 miles each side of the
043 degree bearing from Stanly County
Airport to 7.8 miles Northeast. This Class D
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.
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Paragraph 6005 Class E Airspace Areas
Extending Upward from 700 feet or More
Above the Surface of the Earth.
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ASO NC E5
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Albemarle, NC [REVISED]
Stanly County Airport, NC
(Lat. 35°25′0.101″ N., long 80°09′03″ W.)
That airspace extending upward from 700
feet above the surface within an 8-mile radius
of Stanly County Airport.
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PO 00000
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Frm 00004
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Fmt 4700
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Sfmt 4700
FOR FURTHER INFORMATION CONTACT:
Gene Christiansen in the Office of
National Security and Technology
Transfer Controls, Bureau of Industry
and Security, U.S. Department of
Commerce at (202) 482–2984.
SUPPLEMENTARY INFORMATION:
Background
Both DDTC and BIS exercise licensing
jurisdiction over certain exports and
reexports. The policy for designating an
item as being subject to the International
Traffic in Arms Regulations (ITAR) (22
CFR parts 120–130) and, therefore,
subject to DDTC licensing jurisdiction is
described in 22 CFR 120.3. Generally,
that policy is to apply DDTC licensing
jurisdiction to items that are specifically
designed, developed, configured,
adapted or modified for a military
application. Items not subject to DDTC
E:\FR\FM\06MYR1.SGM
06MYR1
Agencies
[Federal Register Volume 74, Number 86 (Wednesday, May 6, 2009)]
[Rules and Regulations]
[Pages 20869-20870]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10397]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2009-0203; Airspace Docket No. 09-ASO-12]
Modification of Class D and E Airspace; Albemarle, NC
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule, request for comments.
-----------------------------------------------------------------------
SUMMARY: This action modifies Class D and Class E airspace at
Albemarle, NC. Controlled airspace is being expanded to contain the
Final Approach Fix (FAF) for a Standard Instrument Approach Procedure
(SIAP) into Stanly County Airport. This action enhances the National
Airspace System by providing controlled airspace in the vicinity of
Albemarle, NC.
DATES: Effective 0901 UTC, August 27, 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. Comments for
inclusion in the Rules Docket must be received on or before June 22,
2009.
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-2009-0203; Airspace Docket No. 09-ASO-12, at the
beginning of your comments. You may also submit and review received
comments through the Internet at https://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
Group, Federal Aviation Administration, P.O. Box 20636, Atlanta,
Georgia 30320; Telephone (404) 305-5610, Fax 404-305-5572.
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. The direct final rule is used in this
case to facilitate the timing of the charting schedule and enhance the
operation at the airport, while still allowing and requesting public
comment on this rulemaking action. An electronic copy of this document
may be downloaded from and comments submitted through https://www.regulations.gov. 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. Recently published rulemaking documents can also be accessed
through the FAA's Web page at https://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
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-
2009-0203; Airspace Docket No. 09-ASO-12.'' The postcard will be date
stamped and returned to the commenter.
The Rule
This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 revises Class D and E Airspace at Albemarle, NC by modifying
the Stanly County Airport Class D and E airspace to provide adequate
controlled airspace for IFR operations at Albemarle, NC. While
designing a specific approach at Stanly County Airport a violation was
discovered for the Final Segment due to an overlying Special Use
Airspace (Alert
[[Page 20870]]
Area 531), thus the associated controlled airspace is being modified to
incorporate the portion of the final that is affected. Controlled
airspace extending upward from the surface of the Earth is required to
encompass the airspace necessary for instrument approaches for aircraft
operating under Instrument Flight Rules (IFR). Designations for Class D
and E airspace areas extending upward from the surface of the Earth are
published in FAA Order 7400.9S, signed October 3, 2008, and effective
October 31, 2008, which is incorporated by reference in 14 CFR part
71.1. The Class D and E 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 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 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 controlled airspace at Albemarle, NC.
Lists 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
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 7400.9S, Airspace Designations and Reporting
Points, signed October 3, 2008, effective October 31, 2008, is amended
as follows:
Paragraph 5000 Class D Airspace.
* * * * *
ASO NC D Albemarle, NC [REVISED]
Stanly County Airport, NC
(Lat. 35[deg]25'0.101'' N., long 80[deg]09'03'' W.)
That airspace extending upward from the surface to and including
3,100 feet MSL within a 5.8-mile radius of Stanly County Airport and
within 1.5 miles each side of the 043 degree bearing from Stanly
County Airport to 7.8 miles Northeast. This Class D 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.
* * * * *
Paragraph 6005 Class E Airspace Areas Extending Upward from 700 feet
or More Above the Surface of the Earth.
* * * * *
ASO NC E5 Albemarle, NC [REVISED]
Stanly County Airport, NC
(Lat. 35[deg]25'0.101'' N., long 80[deg]09'03'' W.)
That airspace extending upward from 700 feet above the surface
within an 8-mile radius of Stanly County Airport.
* * * * *
Issued in College Park, Georgia, on March 19, 2009.
Barry A. Knight,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. E9-10397 Filed 5-5-09; 8:45 am]
BILLING CODE 4910-13-P