Class E Airspace: Hawesville, KY; Removal

Federal Register: April 17, 2008 (Volume 73, Number 75)

Rules and Regulations

Page 20780-20781

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

DOCID:fr17ap08-2

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 14 CFR Part 71

Docket No. FAA-2008-0334; Airspace Docket No. 08-ASO-11

Removal of Class E Airspace; Hawesville, KY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action removes the Class E5 Airspace at Hancock Airfield

Airport, Hawesville, KY, as there is no longer a Standard Instrument

Approach Procedure (SIAP) for Hancock Airfield Airport requiring Class

E5 airspace.

DATES: Effective 0901 UTC, July 31, 2008. The Director of the Federal

Register approves this incorporation by reference action under title 1,

Code of Federal Regulations, part 51, subject to the annual revision of

FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Melinda Giddens, System Support Group,

Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305-5610.

SUPPLEMENTARY INFORMATION:

History

The Hancock Airfield Airport has closed and a new airport,

Lewisport-Hancock County, has been built in the area. As a result, the associated Standard Instrument Approach Procedures (SIAPs) were withdrawn and cancelled removing the Class E5 airspace requirement at

Hancock Airfield. New SIAPs are being developed for the new Lewisport/

Hancock County Airport, however, the procedures and associated airspace are not scheduled for publication until September of 2009. This rule will become effective on the date specified in the DATES section. Since this action eliminates the impact of controlled airspace on users of the National Airspace System in the vicinity of the Hancock County

Airport, notice and public procedure under 5 U.S.C. 553(b) are unnecessary. 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 7400.9R, signed August 15, 2007, and effective September 15, 2007, which is incorporated by reference in 14 CFR 71.1. The Class E designation listed in this document will be removed from publication subsequently in the Order.

The Rule

This amendment to Part 71 of the Federal Aviation Regulations (14

CFR part 71) removes Class E5 airspace at Hancock Airfield Airport,

Hawesville, KY.

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, is noncontroversial and unlikely to result in adverse or negative comments. 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.

Page 20781

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 removes controlled airspace at Hancock Airfield Airport,

Hawesville, KY.

Lists of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment 0

In consideration of the foregoing, the Federal Aviation Administration amends 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 0 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] 0 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation

Administration Order 7400.9R, Airspace Designations and Reporting

Points, signed August 15, 2007, effective September 15, 2007, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700

Feet or More Above the Surface of the Earth.

* * * * *

ASO KY E5 Hawesville, KY [Remove]

* * * * *

Issued in College Park, Georgia, on March 31, 2008.

Mark D. Ward,

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

Traffic Organization (ATO).

FR Doc. E8-8061 Filed 4-16-08; 8:45 am

BILLING CODE 4910-13-M