Establishment of Class E Airspace; Tompkinsville, KY, 46890-46892 [E9-21833]
Download as PDF
46890
Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Rules and Regulations
British Aerospace Jetstream Series 3100 and
3200 Alert Service Bulletin 32–A–JA090640,
Revision 2, dated August 11, 2009, are
installed.
(2) If as a result of the inspection required
in paragraph (f)(1) of this AD you find one
of the affected P/N MLG radius rods installed
on the airplane, before further flight, install
one of the following MLG radius rods:
(i) A serviceable MLG radius rod that is not
in one of the following P/N ranges: 1847/D
through 1847/N or 1862/D through 1862/N;
or
(ii) An affected P/N MLG radius rod that
has already been inspected following APPH
Ltd. Service Bulletin 1847–32–14 or 1862–
32–14, as applicable, both dated June 2009,
and found to be serviceable.
(3) As of October 5, 2009 (the effective date
of this AD), do not install an affected part
number MLG radius rod unless it has been
inspected following APPH Ltd. Service
Bulletin 1847–32–14 or 1862–32–14, as
applicable, both dated June 2009, and found
to be serviceable.
Note 1: The inspection requirements of
paragraph (f)(3) above apply to any
replacement required per AD 2007–21–17.
(4) Within 30 days after the inspection
required in paragraph (f)(1) of this AD, send
an Accomplishment (Inspection) Report to
BAE Systems following the instructions in
paragraph 2.C of British Aerospace Jetstream
Series 3100 and 3200 Alert Service Bulletin
32–A–JA090640, Revision 2, dated August
11, 2009. Include the details of any radius
rods removed.
FAA AD Differences
cprice-sewell on DSK2BSOYB1PROD with RULES
Note 2: This AD differs from the MCAI
and/or service information as follows: No
differences.
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Standards Office,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. Send information to
ATTN: Taylor Martin, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106;
telephone: (816) 329–4138; fax: (816) 329–
4090. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
(3) Reporting Requirements: For any
reporting requirement in this AD, under the
provisions of the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.), the Office of
Management and Budget (OMB) has
approved the information collection
VerDate Nov<24>2008
15:22 Sep 11, 2009
Jkt 217001
requirements and has assigned OMB Control
Number 2120–0056.
Special Flight Permit
(h) Under 14 CFR 39.23, we are limiting
special flight permits for the purpose of
compliance with this AD under the following
conditions:
(1) Operate the airplane only with the MLG
in the down and verified locked position
throughout the entire flight; and
(2) Coordinate additional flight restrictions
with British Aerospace Regional Aircraft
using the contact information provided in
paragraph (j)(2) of this AD.
Related Information
(i) Refer to MCAI EASA Emergency AD No.
2009–0181–E, dated August 12, 2009; British
Aerospace Jetstream Series 3100 and 3200
Alert Service Bulletin 32–A–JA090640,
Revision 2, dated August 11, 2009 (includes
an attached Accomplishment Report); and
APPH Ltd. Service Bulletins 1847–32–14 and
1862–32–14, both dated June 2009, for
related information.
Material Incorporated by Reference
(j) You must use British Aerospace
Jetstream Series 3100 and 3200 Alert Service
Bulletin 32–A–JA090640, Revision 2, dated
August 11, 2009 (includes an attached
Accomplishment Report); and APPH Ltd.
Service Bulletins 1847–32–14 and 1862–32–
14, both dated June 2009, to do the actions
required by this AD, unless the AD specifies
otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
British Aerospace Jetstream Series 3100 and
3200 Alert Service Bulletin 32–A–JA090640,
Revision 2, dated August 11, 2009 (includes
an attached Accomplishment Report) under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) On June 26, 2009 (74 FR 29936, June
24, 2009), the Director of the Federal Register
previously approved the incorporation by
reference of APPH Ltd. Service Bulletins
1847–32–14 and 1862–32–14, both dated
June 2009.
(3) For service information identified in
this AD, contact BAE Systems (Operations)
Ltd., Customer Information Department,
Prestwick International Airport, Ayrshire,
KA9 2RW, Scotland, United Kingdom;
telephone: +44 1292 675207; fax: +44 1292
675704; e-mail:
RApublications@baesystems.com; Internet:
https://www.baesystems.com/Capabilities/
Air/.
(4) You may review copies of the service
information incorporated by reference for
this AD at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Kansas
City, Missouri 64106. For information on the
availability of this material at the Central
Region, call (816) 329–3768.
(5) You may also review copies of the
service information incorporated by reference
for this AD at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call (202) 741–6030, or go
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
Issued in Kansas City, Missouri on
September 1, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E9–21741 Filed 9–11–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2009–0604; Airspace
Docket No. 09–ASO–18]
Establishment of Class E Airspace;
Tompkinsville, KY
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Direct final rule; request for
comments.
SUMMARY: This action establishes Class
E Airspace at Tompkinsville, KY.
Airspace is needed to support new Area
Navigation (RNAV) Global Positioning
System (GPS) Standard Instrument
Approach Procedures (SIAPs) that have
been developed for TompkinsvilleMonroe County Airport. As a result,
controlled airspace extending upward
from 700 feet Above Ground Level
(AGL) is needed to contain the SIAP and
for Instrument Flight Rule (IFR)
operations at the airport. The operating
status of the airport will change from
Visual Flight Rules (VFR) to include IFR
operations concurrent with the
publication of the SIAP. This action
enhances the safety and airspace
management of Tompkinsville-Monroe
County Airport, Tompkinsville, KY.
DATES: Effective 0901 UTC, December
17, 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 October 29, 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 Ave., SE., Washington, DC
20590–0001; Telephone: 1–800–647–
5527; Fax: 202–493–2251. You must
identify the Docket Number FAA–2009–
0604; Airspace Docket No. 09–ASO–18,
at the beginning of your comments. You
may also submit and review received
comments through the Internet at
https://www.regulations.gov.
E:\FR\FM\14SER1.SGM
14SER1
Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Rules and Regulations
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, 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.
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 idea 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–2009–0604; Airspace
Docket No. 09–ASO–18.’’ The postcard
will be date stamped and returned to the
commenter.
cprice-sewell on DSK2BSOYB1PROD with RULES
Comments Invited
The Rule
This amendment to Title 14, Code of
Federal Regulations (14 CFR) part 71
establishes Class E airspace at
Tompkinsville, KY, to provide
controlled airspace required to support
the Approach Procedures (SIAPs) that
have been developed for TompkinsvilleMonroe County Airport. Designations
for Class E airspace areas extending
upward from 700 feet or more above the
surface of the Earth are published in
FAA Order 7400.9S, dated October 3,
2008, and effective October 31, 2008,
which is incorporated by reference in 14
CFR part 71.1. The Class E designations
listed in this document will be
published subsequently in the Order.
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 https://
www.regulations.gov. Recently
published rulemaking documents can
also be accessed through the FAA’s Web
page at https://www.faa.gov/
airports_airtraffic/air_traffic/
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 direct 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
VerDate Nov<24>2008
15:22 Sep 11, 2009
Jkt 217001
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
46891
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 establishes Class E airspace at
Tompkinsville, KY.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (Air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR Part 71 as follows:
■
PART 71—DESIGNATION OF CLASS A,
CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS;
AIRWAYS; 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.
§ 71.1
[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:
■
E:\FR\FM\14SER1.SGM
14SER1
46892
Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Rules and Regulations
Paragraph 6005 Class E airspace areas
extending upward from 700 feet or more
above the surface of the earth.
*
*
*
*
*
ASO KY E5 Tompkinsville, KY [NEW]
Tompkinsville-Monroe County Airport, KY
(Lat. 36°43′45″ N., long. 85°39′09″ W.)
That airspace extending upward from 700
feet above the surface within a 6.4-mile
radius of the Tompkinsville-Monroe County
Airport.
*
*
*
*
*
Issued in College Park, Georgia, on August
17, 2009.
Barry A. Knight,
Manager, Operations Support Group, Eastern
Service Center, Air Traffic Organization.
[FR Doc. E9–21833 Filed 9–11–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2009–0705; Airspace
Docket No. 09–ASO–25]
Establishment of Class E Airspace;
Hertford, NC
cprice-sewell on DSK2BSOYB1PROD with RULES
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Direct final rule; request for
comments.
The Direct Final Rule Procedure
SUMMARY: This action establishes Class
E Airspace at Hertford, NC. Airspace is
needed to support new Area Navigation
(RNAV) Global Positioning System
(GPS) Standard Instrument Approach
Procedures (SIAPs) that have been
developed for Harvey Point Defense
Testing Activity. As a result, controlled
airspace extending upward from 700
feet Above Ground Level (AGL) is
needed to contain the SIAP and for
Instrument Flight Rule (IFR) operations
at the airport. The operating status of
the airport will change from Visual
flight Rules (VFR) to include IFR
operations concurrent with the
publication of the SIAP. This action
enhances the safety and airspace
management of Harvey Point Defense
Testing Activity, Hertford, NC.
DATES: Effective 0901 UTC, December
17, 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 October 29, 2009.
VerDate Nov<24>2008
15:22 Sep 11, 2009
Jkt 217001
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–2009–
0705; Airspace Docket No. 09–ASO–25,
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, Eastern Service Center, Federal
Aviation Administration, P.O. Box
20636, Atlanta, Georgia 30320;
telephone (404) 305–5610.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
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 https://
www.regulations.gov. 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.
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 idea 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–2009–0705; Airspace
Docket No. 09–ASO–25.’’ 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
establishes Class E airspace at Hertford,
NC, to provide controlled airspace
required to support the Approach
Procedures (SIAPs) that have been
developed for Harvey Point Defense
Testing Activity. Designations for Class
E airspace areas extending upward from
700 feet or more above the surface of the
earth are published in 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 E designations listed in
this document will be published
subsequently in the Order.
E:\FR\FM\14SER1.SGM
14SER1
Agencies
[Federal Register Volume 74, Number 176 (Monday, September 14, 2009)]
[Rules and Regulations]
[Pages 46890-46892]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21833]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2009-0604; Airspace Docket No. 09-ASO-18]
Establishment of Class E Airspace; Tompkinsville, KY
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This action establishes Class E Airspace at Tompkinsville, KY.
Airspace is needed to support new Area Navigation (RNAV) Global
Positioning System (GPS) Standard Instrument Approach Procedures
(SIAPs) that have been developed for Tompkinsville-Monroe County
Airport. As a result, controlled airspace extending upward from 700
feet Above Ground Level (AGL) is needed to contain the SIAP and for
Instrument Flight Rule (IFR) operations at the airport. The operating
status of the airport will change from Visual Flight Rules (VFR) to
include IFR operations concurrent with the publication of the SIAP.
This action enhances the safety and airspace management of
Tompkinsville-Monroe County Airport, Tompkinsville, KY.
DATES: Effective 0901 UTC, December 17, 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 October 29, 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 Ave., SE., Washington, DC 20590-0001;
Telephone: 1-800-647-5527; Fax: 202-493-2251. You must identify the
Docket Number FAA-2009-0604; Airspace Docket No. 09-ASO-18, at the
beginning of your comments. You may also submit and review received
comments through the Internet at https://www.regulations.gov.
[[Page 46891]]
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, 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
https://www.regulations.gov. 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.
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 idea 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-2009-0604;
Airspace Docket No. 09-ASO-18.'' 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 establishes Class E airspace at Tompkinsville, KY, to provide
controlled airspace required to support the Approach Procedures (SIAPs)
that have been developed for Tompkinsville-Monroe County Airport.
Designations for Class E airspace areas extending upward from 700 feet
or more above the surface of the Earth are published in FAA Order
7400.9S, dated October 3, 2008, and effective October 31, 2008, which
is incorporated by reference in 14 CFR part 71.1. The Class 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 direct 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.
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 establishes Class E airspace at Tompkinsville, KY.
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, CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS; AIRWAYS; 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:
[[Page 46892]]
Paragraph 6005 Class E airspace areas extending upward from 700 feet
or more above the surface of the earth.
* * * * *
ASO KY E5 Tompkinsville, KY [NEW]
Tompkinsville-Monroe County Airport, KY
(Lat. 36[deg]43'45'' N., long. 85[deg]39'09'' W.)
That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of the Tompkinsville-Monroe County Airport.
* * * * *
Issued in College Park, Georgia, on August 17, 2009.
Barry A. Knight,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. E9-21833 Filed 9-11-09; 8:45 am]
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