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CFR Citation: 14 CFR Part 71

Docket ID: [Docket No. FAA-2007-0274; Airspace Docket No. 07-AEA-14]

NOTICE: RULES

ACTION: Class E Airspace; Establishment:

DOCUMENT ACTION: Direct final rule, request for comments.

SUBJECT CATEGORY: Establishment of Class E Airspace; Lewistown, PA

DATES: Effective 0901 UTC, April 10, 2008. 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 March 17, 2008.

DOCUMENT SUMMARY: This action establishes Class E Airspace at Lewistown, PA. The existing controlled airspace serving nearby airports does not adequately support a new Area Navigation (RNAV) Global Positioning System (GPS) Special Instrument Approach Procedure (IAP) that has been developed for medical flight operations. This action enhances the safety and management of Instrument Flight Rule (IFR) operations by providing the required controlled airspace for this approach around the Lewistown Hospital in Lewistown, PA.

SUMMARY: Lewistown, PA,

SUPPLEMENTAL INFORMATION

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 http://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.
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 selfaddressed, stamped postcard on which the following statement is made: ``Comments to Docket No. FAA 20070274; Airspace Docket No. 07AEA14.'' 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 Lewistown, PA providing the controlled airspace required to support the new Copter Area Navigation (RNAV) Global Positioning System (GPS) 247 Point in Space (PinS) approach developed for the Lewistown Hospital Heliport. Although Class E airspace exists in the area, it is insufficient for this approach which will serve medical Lifeguard flights. Controlled airspace, known as class E5 Airspace, extending upward from 700 feet Above Ground Level (AGL) is required to encompass, to the extent practical, all Instrument Approach Procedures (IAPs) and Instrument Flight Rule (IFR) operations, therefore, the FAA is amending Title 14, Code of Federal Regulations (14 CFR) part 71 to establish a 6mile radius Class E5 airspace area at Lewistown, PA. Designations for Class E airspace areas extending upward from 700 feet or more above the surface of the Earth are published in FAA Order 7400.9R, signed August 15, 2007 effective September 15, 2007, 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.
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 noncontroversial and unlikely to result in adverse or negative comments. It, therefore, (1) is not a ``signifcant 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 controlled airspace to serve the Lewistown Hospital Heliport in Lewistown, PA.

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 71DESIGNATION 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, 19591963 Comp., p. 389.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9R, Airspace Designations and Reporting Points, signed August 15, 2007, effective September 15, 2007, is amended as follows:
Paragraph 6005 Class E Airspace Areas Extending Upward from 700 feet or More Above the Surface of the Earth.
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AEA PA E5 Lewistown, PA [NEW]
Lewistown Hospital Heliport
[[Page 5431]]
(lat. 40[deg]37'05'' N., long. 77[deg]34'01'' W.)
Point in Space Coordinates

(lat. 40[deg]37'46'' N., long. 77[deg]33'19'' W.)

That airspace extending upward from 700 feet above the surface of the Earth within a 6mile radius of the Point in Space
coordinates (lat. 40[deg]37'46'' N., long. 77[deg]33'19'' W.) serving the Lewistown Hospital Heliport.

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Issued in College Park, Georgia, on December 17, 2007. Mark D. Ward,
Manager, System Support Group, Eastern Service Center.
[FR Doc. 08331 Filed 12908; 8:45 am]
BILLING CODE 491013M

FOR FURTHER INFORMATION CONTACT Daryl Daniels, System Support Group, [[Page 5430]]
Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; Telephone (404) 3055581, Fax (404) 305 5572.