Amendments of Class D and E Airspace, Establishments of Class E Airspace:

Federal Register: August 9, 2010 (Volume 75, Number 152)

Proposed Rules

Page 47736-47737

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

DOCID:fr09au10-19

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 14 CFR Part 71

Docket No. FAA-2010-0428; Airspace Docket No. 10-AEA-13

Amendment of Class D and E Airspace, Establishment of Class E

Airspace; Patuxent River, MD

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

SUMMARY: This action proposes to amend the Class D and E airspace at

Patuxent River Naval Air Station (NAS), Patuxent River, MD, to reflect the part-time operating status of the control tower and establish Class

E airspace designated as surface areas to accommodate the additional airspace needed for the Standard Instrument Approach Procedures (SIAPs) developed for the airport. This action would enhance the safety and management of Instrument Flight Rules (IFR) operations at Patuxent

River NAS, Patuxent, MD.

DATES: 0901 UTC. Comments must be received on or before September 23, 2010.

ADDRESSES: Send comments on this proposal to: U.S. Department of

Transportation, Docket Operations, West Building Ground Floor, Room

W12-140, 1200 New Jersey, SE., Washington, DC 20590-0001; Telephone: 1- 800-647-5527; Fax: 202-493-2251. You must identify the Docket Number

FAA-2010-0428; Airspace Docket No. 10-AEA-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-2010-0428; Airspace Docket No. 10-AEA-13) and be submitted in triplicate to the Docket Management System (see ADRESSES section for address and phone number). You may also submit comments through the

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

Commenters 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-2010-0428; Airspace Docket No. 10-AEA-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 D airspace and Class E airspace designated as an extension to Class D surface area at Patuxent

River NAS, Patuxent River, MD, to reflect the part-time operations of the airport control tower, establishing in advance the dates and times by a Notice to Airmen, and establish Class E airspace designated as surface areas to provide controlled airspace required to support the

SIAPs developed for Patuxent River NAS.

Class D airspace designations, Class E surface airspace designations and Class E airspace designations as extensions to a Class

D surface area are published in Paragraph 5000, 6002, and 6004 respectively, 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 D and Class E airspace designations 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 proposed rule, when promulgated, would not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

Page 47737

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 would amend Class D and existing Class E airspace and establish Class E airspace designated as surface areas at

Patuxent River NAS, Patuxent River, MD.

Lists of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

Accordingly, pursuant to the authority delegated to me, the Federal

Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION 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, 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 5000 Class D Airspace.

* * * * *

AEA MD D Patuxent River, MD [Amended]

Patuxent River NAS (Trapnell Field), MD

(Lat. 38[deg]17'30'' N., long. 76[deg]24'59'' W.)

Chesapeake Ranch Airpark, MD

(Lat. 38[deg]21'40'' N., long. 76[deg]24'19'' W.)

That airspace extending upward from the surface to and including 2,500 feet MSL within a 4.5-mile radius of Patuxent River NAS

(Trapnell Field) and within a .5-mile radius of Chesapeake Ranch

Airpark excluding that airspace within Restricted Areas R-4005 and

R-4007 when active. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to

Airmen. The effective date and time will thereafter be continuously published in the Airport Facility Directory.

* * * * *

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

AEA MD E2 Patuxent River, MD [New]

Patuxent River NAS (Trapnell Field), MD

(Lat. 38[deg]17'30'' N., long. 76[deg]24'59'' W.)

Patuxent VORTAC

(Lat. 38[deg]17'16'' N., long. 76[deg]24'01'' W.)

Patuxent River NDB

(Lat. 38[deg]17'09'' N., long. 76[deg]24'11'' W.)

Chesapeake Ranch Airpark, MD

(Lat. 38[deg]21'40'' N., long. 76[deg]24'19'' W.)

That airspace extending upward from the surface within a 4.5- mile radius of Patuxent River NAS (Trapnell Field) and within 1.8 miles each side of the Patuxent VORTAC 045[deg] radial extending from the 4.5-mile radius of Patuxent River NAS to 6.1 miles northeast of the VORTAC; and within 1.8 miles each side of the

Patuxent VORTAC 235[deg] radial extending from the 4.5-mile radius to 6.6 miles southwest of the VORTAC; and within 1.8 miles each side of the Patuxent River NDB 233[deg] bearing extending from the 4.5- mile radius to 6.1 miles southwest of the NDB; and within 1.8 miles each side of the Patuxent VORTAC 140[deg] radial extending from the 4.5-mile radius to 10.5 miles southeast of the VORTAC; and within a

.5-mile radius of Chesapeake Ranch Airpark, excluding that airspace within Restricted Areas R-4005 and R-4007 when active. This Class E airspace area is effective during those times when the Class D airspace is not in effect.

* * * * *

Paragraph 6004 Class E Airspace Areas Designated as an Extension to a Class D Surface Area.

* * * * *

AEA MD E4 Patuxent River, MD [Amended]

Patuxent River NAS (Trapnell Field), MD

(Lat. 38[deg]17'30'' N., long. 76[deg]24'59'' W.)

Patuxent VORTAC

(Lat. 38[deg]17'16'' N., long. 76[deg]24'01'' W.)

Patuxent River NDB

(Lat. 38[deg]17'09'' N., long. 76[deg]24'11'' W.)

That airspace extending upward from the surface within 1.8 miles each side of the Patuxent VORTAC 045[deg] radial extending from the 4.5-mile radius of Patuxent River NAS (Trapnell Field) to 6.1 miles northeast of the VORTAC; and within 1.8 miles each side of the

Patuxent VORTAC 235[deg] radial extending from the 4.5-mile radius to 6.6 miles southwest of the VORTAC; and within 1.8 miles each side of the Patuxent River NDB 233[deg] bearing extending from the 4.5- mile radius to 6.1 miles southwest of the NDB; and within 1.8 miles each side of the Patuxent VORTAC 140[deg] radial extending from the 4.5-mile radius to 10.5 miles southeast of the VORTAC, excluding that airspace within Restricted Areas R-4005 and R-4007 when active.

This Class E airspace area is effective during specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the

Airport Facility Directory.

Issued in College Park, Georgia, on July 30, 2010.

Mark D. Ward,

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

Organization.

FR Doc. 2010-19583 Filed 8-6-10; 8:45 am

BILLING CODE 4910-13-P