

[Federal Register: November 2, 2007 (Volume 72, Number 212)]
[Rules and Regulations]               
[Page 62110-62111]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02no07-5]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2005-22493; Airspace Docket No. 05-AEA-021]

 
Amendment of Class E Airspace; Philipsburg, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule, request for comments.

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SUMMARY: This action amends Class E Airspace at Philipsburg, PA, to 
provide adequate airspace for a new Area Navigation (RNAV) Global 
Positioning System (GPS) Special Instrument Approach Procedure (IAP) 
that has been developed to serve the Philipsburg Area Hospital, 
Philipsburg, PA.

DATES: Effective 0901 UTC, December 20, 2007. 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. 
Comments for inclusion in the Rules Docket must be received on or 
before December 5, 2007.

ADDRESSES: Send comments on this rule to Docket Management Facility, 
U.S. Department of Transportation, 1200 New Jersey, SE., West Building 
Ground Floor, Room W12-140, Washington, DC 20590-0001; Telephone: 1-
800-647-5527; Fax: 202-493-2251. You must identify the Docket No. FAA-
2005-22493; Airspace Docket No. 05-AEA-021, at the beginning of your 
comments.
    You may also submit 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 C210, 1701 Columbia Avenue, College Park, 
Georgia 30337.

FOR FURTHER INFORMATION CONTACT: Daryl Daniels, System Support 
Specialist, Eastern Service Center, Federal Aviation Administration, 
P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305-5581.

SUPPLEMENTARY INFORMATION:

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse 
or negative comments, and, therefore, issues it as a direct final rule. 
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. 
Unless a written adverse or negative comment or a written notice of 
intent to submit an adverse or negative comment is received within the 
comment period, the regulation will become effective on the date 
specified above. After the close of the comment period, the FAA will 
publish a document in the Federal Register indicating that no adverse 
or negative comments were received and confirming the effective date. 
If the FAA receives, within the comment period, an adverse or negative 
comment, or written notice of intent to submit such a comment, a 
document withdrawing the direct final rule will be published in the 
Federal Register, and a notice of proposed rulemaking may be published 
with a new comment period.

Comments Invited

    Although this action is in the form of a direct final rule, and was 
not preceded by a notice of proposed rulemaking, interested persons are 
invited to comment on this rule by submitting such written data, views, 
or arguments as they may desire. Communications should identify both 
docket numbers and be submitted in triplicate to the address specified 
under the caption ADDRESSES. All communications received on or before 
the closing date for comments will be considered, and this rule may be 
amended or withdrawn in light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. Factual information that supports 
the commenter's ideas and suggestions is extremely helpful in 
evaluating the effectiveness of this action and determining whether 
additional rulemaking action would be needed. All comments submitted 
will be available, both before and after the closing date for comments, 
in the Rules Docket for examination by interested persons. Those 
wishing the FAA to acknowledge receipt of their comments submitted in 
response to this rule must submit a self-addressed, stamped postcard on 
which the following statement is made: ``Comments to Docket No. FAA-
2005-22493; Airspace Docket No. 05-AEA-021.'' The postcard will be date 
stamped and returned to the commenter.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR) 
part 71 amends Class E airspace at Philipsburg, PA establishing the 
required controlled airspace to supply the newly developed Copter RNAV 
(GSP) 238 Point in Space (PinS) approach at the Philipsburg Area 
Hospital. Controlled airspace extending upward from 700 feet Above 
Ground Level (AGL) is required to contain the IAP and for Instrument 
Flight Rule (IFR) operations to the extent practical, therefore, the 
FAA is amending Title 14, Code of Federal Regulations (14 CFR) part 71 
to establish additional Class E5 Airspace at Philipsburg, PA. The 
controlled airspace at Philipsburg is not adequate to support this new 
approach. This action provides the required controlled airspace. 
Designations for Class E airspace areas extending upward from 700 feet 
or more above the surface of the Earth are published in FAA Order 
7400.9R, signed August 15, 2007 effective September 15, 2007, which is 
incorporated by reference in 14 CFR 71.1. The Class E designations 
listed in this document will be published subsequently in the Order.

Agency Findings

    The regulations adopted herein will not have a substantial direct 
effect on the States, on the relationship between the national 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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 
non-controversial 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

[[Page 62111]]

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 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 establishes controlled airspace at Philipsburg Area Hospital, 
Philipsburg, PA.

List 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, dated 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.

* * * * *

AEA PA E5 Philipsburg, PA [AMENDED]

Mid-State Airport, Philipsburg, PA
    (Lat. 40[deg]53'04'' N., long. 78[deg]05'14'' W.)
Philipsburg VORTAC
    (Lat. 40[deg]54'59'' N., long. 77[deg]59'34'' W.)
Philipsburg Area Hospital [ADDED]
Point in Space Coordinates
    (Lat. 40[deg]55'06'' N., long. 78[deg]12'06'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.6-mile radius of Mid-State Airport extending clockwise 
from a 261[deg] bearing to a 012[deg] bearing from the airport and 
within a 7.4-mile radius of Mid-State Airport extending clockwise 
from a 012[deg] bearing to 098[deg] bearing from the airport and 
within a 6.6-mile radius of Mid-State Airport extending clockwise 
from a 098[deg] bearing to a 183[deg] bearing from the airport and 
within a 8.3-mile radius of Mid-State Airport extending clockwise 
from a 183[deg] bearing to a 261[deg] bearing from the airport and 
within 3.1 miles each of the Philipsburg VORTAC 067[deg] radial 
extending from the VORTAC to 10 miles northeast of the VORTAC and 
within 3.5 miles each side of the 327[deg] bearing from a point at 
lat. 40[deg]53'09'' N., long. 78[deg]05'06'' W., extending from said 
point to a point 7.4 miles northwest and within 2.2 miles each side 
of the Philipsburg VORTAC 330[deg] radial extending from the VORTAC 
to 5.3 miles northwest of the VORTAC and within 3.1 miles each side 
of the Philipsburg VORTAC 301[deg] radial extending from the VORTAC 
to 10 miles northwest of the VORTAC; and that airspace within a 6-
mile radius of the point in space (lat. 40[deg]55'06'' N., long. 
78[deg]12'06'' W.) serving the Philipsburg Area Hospital.

    Issued in College Park, Georgia, on October 15, 2007.
Mark D. Ward,
Manager, System Support Group, Eastern Service Center.
[FR Doc. 07-5421 Filed 11-1-07; 8:45 am]

BILLING CODE 4910-13-M
