[Federal Register Volume 59, Number 237 (Monday, December 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30449]


[[Page Unknown]]

[Federal Register: December 12, 1994]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 94-AGL-32]

 

Establishment of Class E Airspace; Wilmington, OH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace at Wilmington, 
Airborne Airpark, OH. Presently, this area is designated as Class D 
airspace when the associated control tower is in operation. However, 
controlled airspace to the surface is needed when the control tower 
located at this area is closed. The intended effect of this action is 
to provide adequate Class E airspace for instrument flight rule (IFR) 
operations when the control tower is closed.

DATES: Effective date--0901 UTC, March 30, 1995.
    Comment date: Comments must be received on or before Jan. 17, 1995.

ADDRESSES: Send comments on the rule in triplicate to:

Manager, Air Traffic Division, System Management Branch, AGL-530, 
Docket No. 94-AGL-32, Federal Aviation Administration, 2300 East Devon 
Avenue, Des Plaines, Illinois 60018
The official docket may be examined in the Office of the Assistant 
Chief Counsel, Federal Aviation Administration, 2300 E. Devon Avenue, 
Des Plaines, Illinois.

    An informal docket may also be examined during normal business 
hours at the address listed above.

FOR FURTHER INFORMATION CONTACT:
Nancy Cibic, Air Traffic Division, System Management Branch, AGL-530, 
Federal Aviation Administration, 2300 East Devon Avenue, Des Plaines, 
Illinois 60018, telephone (708) 294-7573.

SUPPLEMENTARY INFORMATION:

Request for Comments on the Rule

    Although this action is in the form of a final rule, and was not 
preceded by notice and public procedure, comments are invited on the 
rule. When the comment period ends, the FAA will use the comments 
submitted, together with other available information, to review the 
regulation. If the FAA receives no adverse comments in response to this 
action, this rule will become effective on the date specified in the 
``DATES'' section. After the review, if the FAA finds that further 
changes are appropriate, it will initiate rulemaking proceedings to 
amend the regulation.
    Comments that provide the factual basis supporting the views and 
suggestions presented are particularly helpful in evaluating the 
effects of the rule, and in determining whether additional rulemaking 
is required. Comments are specifically invited on the overall 
regulatory, aeronautical, economic, environmental, and energy-related 
aspects of the rule which might suggest the need to modify the rule.

The Rule

    This amendment to part 71 of the Feral Aviation Regulations (14 CFR 
part 71) establishes Class E airspace at Wilmington, Airborne Airpark, 
OH. Currently, this airspace is designated as Class D when the 
associated control tower is in operation. Nevertheless, controlled 
airspace to the surface is needed for IFR operations at Airborne 
Airpark when the control tower is closed. The intended effect of this 
action is to provide adequate Class E airspace for IFR operations at 
the airport when the control tower is closed. As noted in the Airspace 
Reclassification Final Rule, published in the Federal Register on 
December 17, 1991, airspace at an airport with a part-time control 
tower should be designated as a Class D airspace area when the control 
tower is in operation, and as a Class E airspace area when the control 
tower is closed (56 FR 65645).
    The coordinates for this airspace docket are based on North 
American Datum 83. Class E airspace designations are published in 
Paragraph 6002 of FAA Order 7400.9B dated July 18, 1994, and effective 
September 16, 1994, which is incorporated by reference in 14 CFR 71.1. 
The Class E airspace designation listed in this document will be 
published subsequently in the Order. Under the circumstances presented, 
the FAA concludes that there is an immediate need to establish this 
Class E airspace area in order to promote the safe and efficient 
handling of air traffic in these areas. Therefore, I find that notice 
and public procedures under 5 U.S.C. 553(b) are impracticable and 
contrary to the public interest.
    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 will not have a significant economic impact on 
a substantial number of small entities under the criteria of the 
Regulatory Flexibility Act.

List 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--[AMENDED]

    1. The authority citation for 14 CFR part 71 continues to read as 
follows:

    Authority: 49 U.S.C. app. 1348(a), 1354(a), 1510; E.O. 10854, 24 
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR 
11.69.


Sec. 71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9B, Airspace Designations and 
Reporting Points, dated July 18, 1994, and effective September 16, 
1994, is amended as follows:

Paragraph 6002  Class E airspace areas designated as a surface area 
for an airport
* * * * *

AGL OH E2 Wilmington, OH [New]

Wilmington, Airborne Airpark, OH
    (lat. 39 deg.29'52'' N, long. 83 deg.47'52'' W)
Wilmington, Hollister Field Airport, OH
    (lat. 39 deg.26'15'' N, long. 83 deg.42'30'' W)

    Within a 4.2-mile radius of the Airborne Airpark, excluding that 
portion of airspace within a 1-mile radius of Hollister Field 
Airport. This Class E airspace area is effective during the specific 
dates and times established in advance by a Notice to Airmen. The 
effective dates and times will thereafter be continuously published 
in the Airport/Facility Directory.
* * * * *
    Issued in Des Plaines, Illinois on November 28, 1994.
Roger Wall,
Manager, Air Traffic Division.
[FR Doc. 94-30449 Filed 12-9-94; 8:45 am]
BILLING CODE 4910-13-M