Establishment of Class E Airspace; Spencer, WV, 53407-53408 [E9-24642]

Download as PDF Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Rules and Regulations 40°26′00″ N., long. 90°07′00″ W.; to lat. 40°34′00″ N., long. 90°12′00″ W.; to lat. 40°47′00″ N., long. 90°08′00″ W.; to the point of beginning. * * * * * Issued in Fort Worth, Texas, on Oct 1, 2009. Walter L. Tweedy, Acting Manager, Operations Support Group, ATO Central Service Center. [FR Doc. E9–24622 Filed 10–16–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2009–0602; Airspace Docket No. 09–AEA–13] Establishment of Class E Airspace; Spencer, WV cprice-sewell on DSK2BSOYB1PROD with RULES AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule; request for comments. SUMMARY: This action establishes Class E Airspace at Spencer, WV. This action enhances the safety and airspace management of Boggs Field Airport, Spencer, WV. 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 December 3, 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, SE., Washington, DC 20590–0001; Telephone: 1–800–647– 5527; Fax: 202–493–2251. You must identify the Docket Number FAA–2009– 0602; Airspace Docket No. 09–AEA–13, 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 VerDate Nov<24>2008 13:53 Oct 16, 2009 Jkt 220001 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, PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 53407 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–2009–0602; Airspace Docket No. 09–AEA–13.’’ 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 Spencer, WV, to provide controlled airspace required to support the Approach Procedures (SIAPs) that have been developed for Boggs Field 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 7400.9T, dated August 27, 2009, and effective September 15, 2009, 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 E:\FR\FM\19OCR1.SGM 19OCR1 53408 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Rules and Regulations 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 Spencer, WV. 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 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 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 7400.9T, Airspace Designations and Reporting Points, signed August 27, 2009, effective September 15, 2009, is amended as follows: ■ Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. cprice-sewell on DSK2BSOYB1PROD with RULES * * * AEA WV E5 * * Spencer, WV [NEW] Boggs Field Airport, WV (Lat. 38°49′26″ N., long. 81°20′56″ W.) That airspace extending upward from 700 feet above the surface within a 6.4 -mile radius of the Boggs Field Airport. * * * VerDate Nov<24>2008 * * 13:53 Oct 16, 2009 Jkt 220001 Issued in College Park, Georgia, on October 5, 2009. Barry A. Knight, Acting Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization. [FR Doc. E9–24642 Filed 10–16–09; 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–2009–0651; Airspace Docket No. 09–AEA–15] Modification of Class E Airspace; Beckley, WV AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule, request for comments. SUMMARY: This action modifies Class E airspace at Beckley, WV. Controlled airspace is being expanded to contain the Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) that have been developed for Raleigh County Memorial Airport. This action enhances the National Airspace System by providing controlled airspace in the vicinity of Beckley, WV. 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 December 3, 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– 2009–0651; Airspace Docket No. 09– AEA–15, 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 PO 00000 Frm 00012 Fmt 4700 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: Sfmt 4700 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 E:\FR\FM\19OCR1.SGM 19OCR1

Agencies

[Federal Register Volume 74, Number 200 (Monday, October 19, 2009)]
[Rules and Regulations]
[Pages 53407-53408]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24642]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0602; Airspace Docket No. 09-AEA-13]


Establishment of Class E Airspace; Spencer, WV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This action establishes Class E Airspace at Spencer, WV. This 
action enhances the safety and airspace management of Boggs Field 
Airport, Spencer, WV.

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 December 3, 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, SE., Washington, DC 20590-0001; Telephone: 1-
800-647-5527; Fax: 202-493-2251. You must identify the Docket Number 
FAA-2009-0602; Airspace Docket No. 09-AEA-13, 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:

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-2009-0602; 
Airspace Docket No. 09-AEA-13.'' 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 Spencer, WV, to provide 
controlled airspace required to support the Approach Procedures (SIAPs) 
that have been developed for Boggs Field 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 7400.9T, dated August 
27, 2009, and effective September 15, 2009, 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

[[Page 53408]]

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 Spencer, WV.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed 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 7400.9T, Airspace Designations and Reporting 
Points, signed August 27, 2009, effective September 15, 2009, is 
amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700 
Feet or More Above the Surface of the Earth.

* * * * *

AEA WV E5 Spencer, WV [NEW]

Boggs Field Airport, WV
    (Lat. 38[deg]49[min]26[sec] N., long. 81[deg]20[min]56[sec] W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.4 -mile radius of the Boggs Field Airport.
* * * * *

    Issued in College Park, Georgia, on October 5, 2009.
Barry A. Knight,
Acting Manager, Operations Support Group, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. E9-24642 Filed 10-16-09; 8:45 am]
BILLING CODE 4910-13-P