Proposed Amendment of Class E Airspace; Dayton, TN, Establishment of Class E Airspace; Cleveland, TN, and Revocation of Class E Airspace; Bradley Memorial Hospital, Cleveland, TN

Federal Register, Volume 78 Issue 84 (Wednesday, May 1, 2013)

Federal Register Volume 78, Number 84 (Wednesday, May 1, 2013)

Proposed Rules

Pages 25403-25404

From the Federal Register Online via the Government Printing Office www.gpo.gov

FR Doc No: 2013-10193

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

Docket No. FAA-2013-0073; Airspace Docket No. 13-ASO-2

Proposed Amendment of Class E Airspace; Dayton, TN, Establishment of Class E Airspace; Cleveland, TN, and Revocation of Class E Airspace; Bradley Memorial Hospital, Cleveland, TN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E Airspace at Dayton, TN, as the Hardwick Non-Directional Beacon (NDB) has been decommissioned and new Standard Instrument Approach Procedures (SIAPs) have been developed at Mark Anton Airport. Also, Hardwick Field Airport has closed; therefore, the controlled airspace area would be removed. This proposal also would establish Class E Airspace at Cleveland Regional Jetport, Cleveland, TN, to accommodate area navigation (RNAV) global positioning system (GPS) SIAPs at the airport. Information regarding Bradley Memorial Hospital would be added to the Cleveland, TN, airspace description and removed from both the Dayton, TN, regulatory text as well as its listing as Bradley Memorial Hospital, Cleveland, TN, to correct an erroneous reference. This proposal would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations in the Dayton, TN, and Cleveland, TN, airspace areas.

DATES: Comments must be received on or before June 17, 2013.

ADDRESSES: Send comments on this rule 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-2013-0073; Airspace Docket No. 13-ASO-2, 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: John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305-6364.

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-2013-0073; Airspace Docket No. 13-ASO-2) 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.

Persons 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-2013-0073; Airspace Docket No. 13-ASO-2.'' 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 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal Holidays. An informal docket may also be examined between 8:00 a.m. and 4:30 p.m., Monday through Friday, except Federal Holidays, at the office of the Eastern Service Center, Federal Aviation

Page 25404

Administration, Room 350, 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 extending upward from 700 feet above the surface within a 9.8-mile radius of Mark Anton Airport, Cleveland, TN, to support new Standard Instrument Approach Procedures developed at Mark Anton Airport. Airspace reconfiguration is necessary due to the decommissioning of the Hardwick NDB and cancellation of the NDB approach. Also, controlled airspace is no longer needed and would be removed from Hardwick Field Airport as the airport has closed. This proposal also would establish Class E airspace at Cleveland, TN, providing the controlled airspace required to support the RNAV (GPS) standard instrument approach procedures for Cleveland Regional Jetport. Controlled airspace extending upward from 700 feet above the surface would be established within a 7.4-mile radius of the airport, with an extension from the radius to 12 miles southwest of the airport for the safety and management of IFR operations. Bradley Memorial Hospital information would be added to the Cleveland, TN descriptor and regulatory text, and removed from both the Dayton, TN, regulatory text as well as its listing as Bradley Memorial Hospital, Cleveland, TN, to correct an erroneous reference. This proposal would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations in the Dayton, TN, and Cleveland, TN, airspace areas.

Class E airspace designations are published in Paragraph 6005 of FAA Order 7400.9W, dated August 8, 2012, and effective September 15, 2012, 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.

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.

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 E airspace in the Dayton, TN, and Cleveland, TN, areas.

This proposal would be subject to an environmental analysis in accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies and Procedures'' prior to any FAA final regulatory action.

Lists 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 E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

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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

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2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9W, Airspace Designations and Reporting Points, dated August 8, 2012, effective September 15, 2012, is amended as follows:

   Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth.

   * * * * *

   ASO TN E5 Dayton, TN Amended

   Mark Anton Airport, TN

   (Lat. 35deg29'10'' N., long. 84deg55'52'' W.)

   Bledsoe County Hospital, Pikeville, TN,

   Point in Space Coordinates

   (Lat. 35deg37'34'' N., long. 85deg10'38'' W.)

   That airspace extending upward from 700 feet above the surface within a 9.8-mile radius of the Mark Anton Airport, and that airspace within a 6-mile radius of the Point in Space Coordinates (lat. 35deg37'34'' N., long. 85deg10'38'' W.) serving Bledsoe County Hospital, Pikeville, TN.

   * * * * *

   ASO TN E5 Cleveland, TN New

   Cleveland Regional Jetport, TN

   (Lat. 35deg12'41'' N., long. 84deg47'59'' W.)

   Bradley Memorial Hospital, TN

   Point in Space Coordinates

   (Lat. 35deg10'52'' N., long. 84deg52'56'' W.)

   That airspace extending upward from 700 feet above the surface within a 7.4-mile radius of Cleveland Regional Jetport, and within 2-miles each side of the 209deg bearing from the airport, extending from the 7.4-mile radius to 12-miles southwest of the airport, and within a 6-mile radius of the Point in Space Coordinates (lat. 35deg10'52'' N., long. 84deg52'56'' W.) serving Bradley Memorial Hospital.

   * * * * *

   ASO TN E5 Bradley Memorial Hospital, Cleveland, TN Removed

   Issued in College Park, Georgia, on April 22, 2013.

   Barry A. Knight,

   Manager, Operations Support Group, Eastern Service Center, Operations Support Group.

   FR Doc. 2013-10193 Filed 4-30-13; 8:45 am

   BILLING CODE 4910-13-P