Amendment of Class E Airspace; Clemson, SC and Establishment of Class E Airspace; Pickens, SC

Federal Register: March 23, 2010 (Volume 75, Number 55)

Proposed Rules

Page 13697-13698

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr23mr10-25

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 14 CFR Part 71

Docket No. FAA-2010-0052; Airspace Docket No. 10-ASO-13

Amendment of Class E Airspace; Clemson, SC and Establishment of

Class E Airspace; Pickens, SC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

SUMMARY: This action proposes to amend Class E airspace at Clemson, SC, to correct the airspace description and establish Class E airspace at

Pickens, SC, to achieve an additional 1000' of airspace to support a new LPV Approach (Localizer Performance with Vertical Guidance) that has been developed for Pickens County Airport. This action enhances the safety and airspace management of Clemson-Oconee County Airport, SC and

Pickens County Airport, Pickens, SC.

DATES: Comments must be received on or before May 7, 2010.

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-2010-0052; Airspace Docket No. 10-ASO-13, at the beginning of your comments. You may also submit and review received comments through the Internet at http://www.regulations.gov.

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:

Comments Invited

Interested persons are invited to comment on this rule 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 energy-related aspects of the proposal.

Communications should identify both docket numbers (FAA Docket No.

FAA-

Page 13698

2010-0052; Airspace Docket No. 10-ASO-13) and be submitted in triplicate to the Docket Management System (see ADDRESSES section for address and phone number). You may also submit comments through the

Internet at http://www.regulations.gov.

Comments wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed stamped postcard on which the following statement is made: ``Comments to Docket

No. FAA-2010-0052; Airspace Docket No. 10-ASO-13.'' The postcard will be date/time stamped and returned to the commenter.

All communications received before the specified closing date for comments will be considered before taking action on the proposed rule.

The proposal contained in this notice may be changed in light of the comments received. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket.

Availability of NPRMs

An electronic copy of this document may be downloaded from and comments submitted through 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/.

You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets

Office (see the 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.

Persons interested in being placed on a mailing list for future

NPRM's should contact the FAA's Office of Rulemaking, (202) 267-9677, to request a copy of Advisory circular No. 11-2A, Notice of Proposed

Rulemaking Distribution System, which describes the application procedure.

The Proposal

The FAA is considering an amendment to Title 14, Code of Federal

Regulations (14 CFR) part 71 to amend Class E airspace at Clemson, SC, to remove Pickens County Airport from the airspace description and establish Class E airspace at Pickens, SC, to support a new LPV

Approach developed for Pickens County Airport.

Class E airspace designations extending upward from 700 feet or more above the surface of the Earth are published in Paragraph 6005 of

FAA Order 7400.9T, signed August 27, 2009, and effective September 15, 2009, which is incorporated by reference in 14 CFR 71.1. The Class E designation listed in this document will 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 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 proposed 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 proposed regulation is within the scope of that authority as it amends Class E airspace at Clemson, SC, and establishes Class E airspace at Pickens, SC.

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 71--DESIGNATION OF CLASS A, B, C, D, AND CLASS 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.

Sec. 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.

* * * * *

ASO SC E5 Clemson, SC [AMENDED]

Clemson-Oconee County Airport, SC

(Lat. 34[deg]40'19'' N., long. 82[deg]53'12'' W.)

That airspace extending upward from 700 feet above the surface within a 7-mile radius of Clemson-Oconee County Airport.

* * * * *

ASO SC E5 Pickens, SC [NEW]

Pickens County Airport, SC

(Lat. 34[deg]48'36'' N., long. 82[deg]42'10'' W.)

That airspace extending upward from 700 feet above the surface within a 6.5-mile radius of the Pickens County Airport and within 3.6 miles each side of the 044[deg] bearing from the airport, extending from the 6.5-mile radius to 11-miles northeast of the airport.

Issued in College Park, Georgia on March 15, 2010.

Michael Vermuth,

Acting Manager, Operations Support Group, Eastern Service Center, Air

Traffic Organization.

FR Doc. 2010-6281 Filed 3-22-10; 8:45 am

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