

[Federal Register: December 13, 2007 (Volume 72, Number 239)]
[Rules and Regulations]               
[Page 70768-70769]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13de07-4]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2007-0165; Airspace Docket No. 07-AEA-11]

 
Establishment of Class E Airspace; Montrose, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION:  Direct final rule, request for comments.

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SUMMARY: This action establishes Class E Airspace near the High School 
at Montrose, PA. Controlled airspace 700 feet above the surface of the 
Earth is required to support a new Area Navigation (RNAV) Global 
Positioning System (GPS) Special Instrument Approach Procedure (IAP) 
that has been developed for medical flight operations. This action 
enhances the safety and management of Instrument Flight Rule (IFR) 
operations by providing the required controlled airspace to protect for 
this approach at Montrose, PA.

DATES: Effective 0901 UTC, February 14, 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. 
Comments for inclusion in the Rules Docket must be received on or 
before January 28, 2008.

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 Number 
FAA-2007-0165; Airspace Docket No. 07-AEA-11, 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: Daryl Daniels, System Support Group, 
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 rule 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

[[Page 70769]]

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. An electronic copy of this document 
may be downloaded from http://www.regulations.gov. Communications 

should identify both docket numbers and be submitted in triplicate to 
the address specified under the caption ADDRESSES above or through the 
Web site. 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-
2007-0165; Airspace Docket No. 07-AEA-11.'' 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 establishes Class E5 airspace at Montrose, PA providing the 
controlled airspace required to support the new Copter RNAV (GPS) 015 
Point in Space (PinS) approach developed for a landing spot at the 
Montrose High School. No Class E airspace exists in the area so new 
airspace must be developed which will serve medical helicopter flights. 
Controlled airspace extending upward from 700 feet Above Ground Level 
(AGL) is required to encompass all IAPs and for IFR operations, 
therefore, the FAA is amending Title 14, Code of Federal Regulations 
(14 CFR) part 71 to establish Class E5 airspace at Montrose, PA. 
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 part 71.1. The Class E designations 
listed in this documents will be published subsequently in the Order.

Agency Findings

    The regulations adopted herein will not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among 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, therefor, (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 ahve 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 Stated Code. Subtitle I, Section 106 
described 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 Class E5 controlled airspace near the Montrose High 
School in Montrose, PA.

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.

* * * * *

AEA PA E5 Montrose, PA [NEW]

Montrose High School
    (Lat. 41[deg]50'36'' N., long. 75[deg]50'33'' W.)
Point in Space Coordinates
    (Lat. 41[deg]50'08'' N., long. 75[deg]51'10'' W.)

    That airspace extending upward from 700 feet above the surface 
of the Earth within a 6-mile radius of the point in space 
coordinates (lat. 41[deg]50'08'' N., long. 75[deg]51'10'' W.) 
serving the Montrose High School.

* * * * *

    Issued in College Park, Georgia, on November 15, 2007.
Barry A. Knight,
Acting Manager, System Support Group, Eastern Service Center.
[FR Doc. 07-6018 Filed 12-12-07; 8:45 am]

BILLING CODE 4910-13-M
