Federal Register: January 13, 2009 (Volume 74, Number 8)
DOCID: fr13ja09-19 FR Doc E9-477
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
CFR Citation: 14 CFR Part 71
Docket ID: [Docket No. FAA-2008-1290; Airspace Docket No. 08-AGL-19]
NOTICE: PROPOSED RULES
ACTION: Class E Airspace:
DOCUMENT ACTION: Notice of proposed rulemaking (NPRM).
Proposed Amendment of Class E Airspace; Battle Creek, MI
DATES: Comments must be received on or before February 27, 2009.
This action proposes to amend Class E airspace at Battle Creek, MI. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at W.K. Kellogg Airport, Battle Creek, MI. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) aircraft operations at W.K. Kellogg Airport.
Battle Creek, MI,
Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic, environmental, and energyrelated aspects of the proposal.
Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a selfaddressed, stamped postcard on which the following statement is made: ``Comments to Docket No. FAA20081290/ Airspace Docket No. 08AGL19.'' The postcard will be date/time stamped and returned to the commenter.
Availability of NPRMs
An electronic copy of this document may be downloaded through the Internet at http://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA's web page at http:// www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_ amendments/.
Additionally, any person may obtain a copy of this notice by submitting a request to the Federal Aviation Administration (FAA), Office of Air Traffic Airspace Management, ATA400, 800 Independence Avenue, SW., Washington, DC 20591, or by calling (202) 2678783. Communications must identify both docket numbers for this notice. Persons interested in being placed on a mailing list for future NPRMs should contact the FAA's Office of Rulemaking, (202) 2679677, to request a copy of Advisory Circular No. 112A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure.
This action proposes to amend Title 14, Code of Federal Regulations (14 CFR), Part 71 by adding additional Class E airspace for SIAPs operations at W.K. Kellogg Airport, Battle Creek, MI. The area would be depicted on appropriate aeronautical charts.
Class E airspace areas are published in Paragraph 6005 of 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 airspace designation listed in this document would be published subsequently in the Order.
The FAA has determined that this proposed 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 U.S. Code. Subtitle 1, 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 would add additional controlled airspace at W.K. Kellogg Airport, Battle Creek, MI.
List 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 proposes to amend 14 CFR Part 71 as follows: PART 71DESIGNATION OF CLASS A, B, C, D, AND 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, 19591963 Comp., p. 389.
Sec. 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, dated October 3, 2008, and effective October 31, 2008, is amended as follows:
Paragraph 6005 Class E Airspace areas extending upward from 700 feet or more above the surface of the earth.
* * * * *
AGL MI E5 Battle Creek, MI [Amended]
Battle Creek, W.K. Kellogg Airport, MI
(Lat. 42[deg]18'26'' N., long. 85[deg]15'05'' W.)
(Lat. 42[deg]21'43'' N., long. 85[deg]11'04'' W.)
That airspace extending upward from 700 feet above the surface
within a 7mile radius of W.K. Kellogg Airport and within 4 miles
each side of the 222[deg] bearing from the airport extending from
the 7mile radius to 11.7 miles southwest of the airport, and within
4 miles each side of the 049[deg] bearing from the airport extending
from the 7mile radius to 10.9 miles northeast of the airport, and
within 7 miles northwest and 4.4 miles southeast of the Battle Creek
ILS localizer northeast course extending from the 7mile radius to 10.4 miles northeast of the BATOL LOM/NDB.
* * * * *
Issued in Fort Worth, TX on January 7, 2009.
Walter L. Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center. [FR Doc. E9477 Filed 11209; 8:45 am]
BILLING CODE 490113P
FOR FURTHER INFORMATION CONTACT
Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 761930530; telephone: (817) 2225582.