[Federal Register Volume 61, Number 245 (Thursday, December 19, 1996)] [Rules and Regulations] [Pages 66910-66911] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-32256] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION 14 CFR Part 71 [Airspace Docket No. 96-ANE-45] Removal of Class E Airspace; Fall River, MA AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule; request for comments. ----------------------------------------------------------------------- SUMMARY: This action removes the Class E airspace area at Fall River, MA due to the closure of the Fall River Municipal Airport (KFLR) and the cancellation of the standard instrument approach procedure to that airport. DATES: Effective 0901 UTC, January 30, 1997. Comments for inclusion in the Rules Docket must be received on or before January 21, 1997. ADDRESSES: Send comments on the rule to: Manager, Operations Branch, ANE-530, Federal Aviation Administration, Docket No. 96-ANE-45, 12 New England Executive Park, Burlington, MA 01803-5299; telephone (617) 238- 7533; fax (617) 238-7596. The official docket file may be examined in the Office of the Assistant Chief Counsel, New England Region, ANE-7, Room 401, 12 New England Executive Park, Burlington, MA 01803-5299; telephone (617) 238- 7050; fax (617) 238-7055. An informal docket may also be examined during normal business hours in the Air Traffic Division, Room 408, by contacting the Manager, Operations Branch at the first address listed above. FOR FURTHER INFORMATION CONTACT: Raymond Duda, Operations Branch, ANE-530.3, 12 New England Executive Park, Burlington, MA 01803-5299; telephone (617) 238-7533; fax (617) 238-7596. SUPPLEMENTARY INFORMATION: As of February 18, 1996, the City of Fall River, Massachusetts closed the Fall River Municipal Airport (KFLR) to all aviation activity, and the only standard instrument approach procedure to Fall River, the NDB RWY 24, was canceled as of August 9, 1996. Accordingly, Class E airspace at Fall River, MA is no longer required. Class E airspace designations for airspace areas extending upward from 700 feet or more above the surface of the earth are published in paragraph 6005 of FAA Order 7400.9D, dated September 4, 1996, and effective September 16, 1996, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be removed subsequently in this Order. The Direct Final Rule Procedure The FAA anticipates that this regulation will not result in adverse or negative comment, and, therefore, issues it as a direct final rule. 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. 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 date on which the final rule will become effective. If the FAA does receive, within the comment [[Page 66911]] 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. Communications should identify the Rules Docket number and be submitted in triplicate to the address specified under the caption ADDRESSES. 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. 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. 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. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report that summarizes each FAA-public contact concerned with the substance of this action will be filed in the Rules Docket. Commenters 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. 96-ANE-45.'' The postcard will be date stamped and returned to the commenter. 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 the various levels of government. Therefore, in accordance with Executive Order 12612, it is determined that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. The FAA has determined that this regulation is noncontroversial and unlikely to result in adverse or negative comments. For the reasons discussed in the preamble, I certify that this regulation (1) is not a ``significant regulatory action'' under Executive Order 12866; (2) is not a ``significant rule'' under Department of Transportation (DOT) Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as these routine matters will only affect air traffic procedures and air navigation. It is certified that these proposed rules will not have 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 Accordingly, pursuant to the authority delegated to me, the Federal Aviation Administration amends part 71 of the Federal Aviation Regulations (14 CFR part 71) as follows: PART 71--[AMENDED] 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. 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9D, Airspace Designations and Reporting Points, dated September 4, 1996, and effective September 16, 1996, is amended as follows: Sec. 71.1 [Amended] Subpart E--Class E Airspace * * * * * Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth. ANE MA E5 Fall River, MA [Removed] * * * * * Issued in Burlington, MA, on December 12, 1996. David J. Hurley, Manager, Air Traffic Division, New England Region. [FR Doc. 96-32256 Filed 12-18-96; 8:45 am] BILLING CODE 4910-13-M