
[Federal Register: March 31, 2008 (Volume 73, Number 62)]
[Rules and Regulations]
[Page 16751-16752]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr08-1]


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Rules and Regulations
                                                Federal Register
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[[Page 16751]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0170; Airspace Docket No. 08-AEA-16]


Modification of Class E Airspace; Staunton, VA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule, request for comments.

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SUMMARY: This action modifies the effective time of the Class E
Airspace at Staunton, VA. The Shenandoah Valley Regional Airport
Commission is requesting to change their current Class E2 Airspace from
part time (currently 1200 to 0400 Zulu) to full time. This action
enhances the safety and management of Instrument Flight Rule (IFR)
operations in the area by providing the required controlled airspace to
support terminal operations continuously at Staunton, VA.

DATES: Effective 0901 UTC, June 5, 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 May 15,
2008.

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: 1-800-647-5527; Fax: 202-493-2251. You must identify the
Docket Number FAA-2008-0170; Airspace Docket No. 08-AEA-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 am. 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, System Support Group,
Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia
30320; Telephone (404) 305-5610, Fax 404-305-5572.

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 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. The direct final rule is used in this
case to facilitate the timing of the charting schedule and enhance the
operation at the airport, while still allowing and requesting public
comment on this rulemaking action. An electronic copy of this document
may be downloaded from and comments submitted through 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. Recently published rulemaking documents can also be accessed
through the FAA's Web page at http://wwwfaa.gov or the Federal
Register's Web page at http://www.gpoaccess.gov/fr/index.html.
    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-
2008-0170; Airspace Docket No. 08-AEA-16.'' 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 modifies Class E2 airspace at Staunton, VA, establishing a 24
hour environment to support Instrument Flight Rule (IFR) operations
around the Shenandoah Valley Regional Airport. Controlled airspace
extending upward from the surface of the Earth is designated to provide
for terminal operations where a control tower is not operational. Due
to the expanded hours and numbers of operation by Air Carrier and
larger

[[Page 16752]]

business and corporate aircraft, the Shenandoah Valley Regional Airport
Commission is requesting their Class E2 airspace become continuous. The
FAA is amending Title 14, Code of Federal Regulations (14 CFR) part 71
to modify Class E2 airspace at Staunton by removing language in its
legal description to accommodate for this change thereby making the
Class E Surface Airspace in effect 24 hours a day.
    Designations for Class E Airspace Designated as Surface Areas 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 document 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, 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. 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 modifies controlled airspace at Staunton, VA.

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 6002 Class E Airspace Designated as Surface Areas.

* * * * *

AEA VA E2 Staunton, VA [REVISED]

Shenandoah Valley Regional Airport,
Staunton/Waynesboro/Harrisonburg, VA
    (Lat. 38[deg]15'50'' N., long 78[deg]53'47'' W.)
STAUT NDB (LOM)
    (Lat. 38[deg]12'06'' N., long 78[deg]57'26'' W.)

    Within a 4.1-mile radius of Shenandoah Valley Regional Airport
and within 2.5 miles each side of the Shenandoah Valley Regional
Airport southwest localizer course extending from the 4.1-mile
radius to 7 miles southwest of the STAUT NDB (LOM).
* * * * *

    Issued in College Park, Georgia, on March 7, 2008.
Lynda G. Otting,
Acting Manager, System Support Group, Eastern Service Center.
 [FR Doc. E8-6330 Filed 3-28-08; 8:45 am]

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