
[Federal Register: February 24, 2009 (Volume 74, Number 35)]
[Rules and Regulations]               
[Page 8169-8170]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24fe09-12]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-1291; Airspace Docket No. 08-AGL-20]

 
Amendment of Class E Airspace; Milwaukee, WI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace at Milwaukee, WI. 
Additional controlled airspace is necessary to accommodate Area 
Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at 
Waukesha County Airport, Waukesha, WI. Also, this rule changes an 
airport name from John H. Batten Field to John H. Batten Airport, 
Racine, WI. The FAA is taking this action to enhance the safety and 
management of Instrument Flight Rule (IFR) operations at Waukesha 
County Airport.

DATES: Effective Date: 0901 UTC, May 7, 2009. The Director of the 
Federal Register approves this incorporation by reference action under 
1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and 
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center, 
Operations Support Group, Federal Aviation Administration, Southwest 
Region, 2601 Meacham Blvd., Fort Worth, TX 76193-0530; telephone (817) 
321-7716.

SUPPLEMENTARY INFORMATION:

History

    On December 18, 2008, the FAA published in the Federal Register a 
notice of proposed rulemaking to amend Class E airspace at Milwaukee, 
WI, adding additional controlled airspace at Waukesha County Airport, 
Waukesha, WI (73 FR 76981, Docket No. FAA-2008-1291). Interested 
parties were invited to participate in this rulemaking effort by 
submitting written comments on the proposal to the FAA. No comments 
were received. Class E airspace designations are published in paragraph 
6005 of FAA Order 7400.9S signed October 3, 2008, and effective October 
31, 2008, which is incorporated by reference in 14 CFR Part 71.1. The 
Class E airspace designations listed in this document will be published 
subsequently in that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
Part 71 by amending Class E airspace at Milwaukee, WI, adding 
additional controlled airspace at Waukesha County Airport, Waukesha, 
WI, to accommodate SIAPs. This action also changes the name of John H. 
Batten Field to John H. Batten Airport, Racine, WI.
    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. 
Therefore, this regulation: (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 U.S. Code. Subtitle 1, 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 adds additional controlled airspace in the Milwaukee, WI, 
airspace area, at Waukesha County Airport, Waukesha, WI.

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 14 CFR 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 Part 71.1 of the Federal 
Aviation Administration Order 7400.9S, Airspace Designations and 
Reporting Points, signed October 3, 2008, and effective October 31, 
2008, is amended as follows:

[[Page 8170]]

Paragraph 6005 Class E airspace areas extending upward from 700 
feet or more above the surface.

* * * * *

AGL WI E5 Milwaukee, WI [Amended]

Milwaukee, General Mitchell International Airport, WI
    (Lat. 42[deg]56'50'' N., long. 87[deg]53'48'' W.)
Racine, John H. Batten Airport, WI
    (Lat. 42[deg]45'40'' N., long. 87[deg]48'50'' W.)
Waukesha, Waukesha County Airport, WI
    (Lat. 43[deg]02'28'' N., long. 88[deg]14'13'' W.)

Milwaukee, Lawrence J. Timmerman Airport, WI
    (Lat. 43[deg]06'37'' N., long. 88[deg]02'04'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 8.4-mile radius of General Mitchell International Airport, 
and within an 8.1-mile radius of John H. Batten Airport, and within 
a 7.5-mile radius of the Waukesha County Airport, and within 2 miles 
each side of the 282[deg] bearing from the Waukesha County Airport 
extending from the 7.5-mile radius to 10.5 miles west of the 
Waukesha County Airport, and within an 8.9-mile radius of Lawrence 
J. Timmerman Airport.
* * * * *

    Issued in Fort Worth, TX, on February 12, 2009.
Roger M. Trevino,
Acting Manager, Operations Support Group, Central Service Center.
 [FR Doc. E9-3818 Filed 2-23-09; 8:45 am]

BILLING CODE 4910-13-P
