Establishment of Class D and E Airspace: Panama City, FL

Federal Register: February 1, 2010 (Volume 75, Number 20)

Proposed Rules

Page 5007-5009

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

DOCID:fr01fe10-8

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 14 CFR Part 71

Docket No. FAA-2009-0710; Airspace Docket No. 09-ASO-16

Establishment of Class D and E Airspace; Panama City, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

Panama City, FL, to accommodate new Area Navigation (RNAV) Global

Positioning System (GPS) Standard Instrument Approach Procedures

(SIAPs) for the new Northwest Florida-Panama City International

Airport. This action would enhance the safety and management of instrument Flight Rules (IFR) operations at the airport.

DATES: Comments must be received on or before March 18, 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-

Page 5008

647-5527; Fax: 202-493-2251. You must identify the Docket Number FAA- 2009-0710; Airspace Docket No. 09-ASO-16, at the beginning of your comments. You may also submit and review received comments through the

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

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

(see 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.

FOR FURTHER INFORMATION CONTACT: Melinda Giddens, Airspace Specialist,

Operations Support Group, Eastern Service Center, Air Traffic

Organization, 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 and be submitted in triplicate to the address listed above. Those wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self- addressed, stamped postcard on which the following statement is made:

``Comments to Docket No. FAA-2009-0710; Airspace Docket No. 09-ASO- 16.'' 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/. Additionally, any person may obtain a copy of this notice by submitting a request to the Federal Aviation

Administration (FAA), Office of Air Traffic Airspace Management, ATA- 400, 800 Independence Avenue, SW., Washington, DC 20591, or by calling

(202) 267-8783. Communications must identify both docket numbers for this notice. 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 establish Class D and E airspace at

Panama City, FL. Class D airspace extending upward from the surface to 2,500 feet MSL within a 4.7-mile radius of the Northwest Florida-Panama

City International Airport, and Class E airspace extending from 700 feet above the surface within a 7.2-mile radius of the airport is necessary for the safety and management of SIAPs at the new Northwest

Florida-Panama City International Airport. There will be separate rulemaking action removing the existing airspace surrounding the old

Panama City-Bay County Airport prior to closing the airport.

Designations for Class D and E airspace areas are published in

Paragraph 5000 and 6005, 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 E airspace designations listed in this document would 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 establish Class D and E airspace at

Panama City, FL.

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 E AIRSPACE AREAS; AIR

TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for Part 71 will continue 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, and effective September 15, 2009, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASO FL D Panama City, FL [New]

Northwest Florida-Panama City International Airport, FL

(Lat. 30[deg]21'28'' N., long. 85[deg]47'56'' W.)

Page 5009

That airspace extending upward from the surface up to and including 2,500 feet MSL within a 4.7-mile radius of the Northwest

Florida-Panama City International Airport. This Class D 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.

* * * * *

Paragraph 6005 Class E Airspace Extending Upward From 700 Feet or

More Above the Surface of the Earth.

* * * * *

ASO FL E5 Panama City, FL [New]

Northwest Florida-Panama City International Airport, FL

(Lat. 30[deg]21'28'' N., long. 85[deg]47'56'' W.)

That airspace extending upward from 700 feet above the surface of the Earth within a 7.2-mile radius of the Northwest Florida-

Panama City International Airport.

* * * * *

Issued in College Park, Georgia, on January 21, 2010.

Michael Vermuth,

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

Traffic Organization.

FR Doc. 2010-2005 Filed 1-29-10; 8:45 am

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