
[Federal Register: August 5, 2009 (Volume 74, Number 149)]
[Proposed Rules]               
[Page 39002-39003]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05au09-33]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0349; Airspace Docket No. 09-ANM-6]

 
Proposed Modification of Class E Airspace; Pueblo, CO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to modify Class E airspace at Pueblo 
Memorial Airport, CO. Additional controlled airspace is necessary to 
facilitate vectoring of Instrument Flight Rules (IFR) traffic from en 
route airspace to Pueblo Memorial Airport, CO. The FAA is proposing 
this action to enhance the safety and management of aircraft operations 
at Pueblo Memorial Airport, CO.

DATES: Comments must be received on or before September 21, 2009.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC, 20590. 
Telephone (202) 366-9826. You must identify FAA Docket No. FAA-2009-
0349; Airspace Docket No. 09-ANM-6, at the beginning of your comments. 
You may also submit comments through the Internet at http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation 
Administration, Operations Support Group, Western Service Center, 1601 
Lind Avenue, SW., Renton, WA 98057; telephone (425) 203-4537.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking 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 (FAA Docket No. 
FAA 2009-0349 and Airspace Docket No. 09-ANM-6) and be submitted in 
triplicate to the Docket Management System (see ADDRESSES section for 
address and phone number). You may also submit comments through the 
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments 
on this action must submit with those comments a self-addressed stamped 
postcard on which the following statement is made: ``Comments to FAA 
Docket No. FAA-2009-0349 and Airspace Docket No. 09-ANM-6''. The 
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date 
for comments will be considered before taking action on the proposed 
rule. The proposal contained in this action may be changed in light of 
comments received. All comments submitted will be available for 
examination in the public docket both before and after the closing date 
for comments. 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 through the 
Internet at 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/.
    You may review the public docket containing the proposal, any 
comments received, and any final disposition in person in the Dockets 
Office (see the ADDRESSES section for the 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 Northwest Mountain Regional Office of the Federal 
Aviation Administration, Air Traffic Organization, Western Service 
Area, Operations Support Group, 1601 Lind Avenue, SW., Renton, WA 
98057.
    Persons interested in being placed on a mailing list for future 
NPRM's should contact the FAA's Office of Rulemaking, (202) 267-9677, 
for a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution System, which describes the application 
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal 
Regulations (14 CFR) part 71 by modifying Class E airspace at Pueblo 
Memorial Airport, CO. Additional controlled airspace extending upward 
700 feet or more above the surface is necessary to accommodate en route 
IFR aircraft at Pueblo Memorial Airport, Pueblo, CO. This action would 
enhance the safety and management of aircraft operations at the 
airport.
    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 71.1. The Class E 
airspace designation listed in this document will be published 
subsequently in this Order.
    The FAA has determined that this proposed regulation only involves 
an established body of technical

[[Page 39003]]

regulations for which frequent and routine amendments are necessary to 
keep them operationally current. Therefore, this proposed 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 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 FAAs authority to issue rules regarding aviation safety is 
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes 
the authority for 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 the 
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 additional controlled airspace at Pueblo Memorial 
Airport, CO.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, 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 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]

    2. The incorporation by reference in 14 CFR 71.1 of the FAA Order 
7400.9S, Airspace Designations and Reporting Points, signed October 3, 
2008, and effective October 31, 2008 is amended as follows:

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

* * * * *

ANM CO E5 Pueblo, CO [Modified]

Pueblo Memorial Airport, CO
    (Lat. 38[deg]17'21'' N., long. 104[deg]29'48'' W.)

    That airspace extending upward from 700 feet above the surface 
within 21.8-mile radius of the Pueblo Memorial Airport, and within 
the 28.8-mile radius of Pueblo Memorial Airport clockwise between 
the 070[deg] and 133[deg] bearing from the airport; that airspace 
extending upward from 1,200 feet above the surface bounded on the 
north by lat. 38[deg]30'00'' N., on the east by V-169, on the south 
by V-210, on the west by a line from lat. 37[deg]38'00'' N., long. 
105[deg]00'02'' W.; to lat. 38[deg]09'25'' N., long. 105[deg]08'06'' 
W.; to lat. 38[deg]05'51'' N., long. 105[deg]30'49'' W.; to lat. 
38[deg]10'00'' N., long. 105[deg]33'02'' W.; to lat. 38[deg]30'00'' 
N., long. 105[deg]33'02'' W.; that airspace extending upward from 
13,700 feet MSL bounded by a line beginning at lat. 38[deg]09'25'' 
N., long. 105[deg]08'06'' W.; to lat. 37[deg]38'00'' N., long. 
105[deg]00'02'' W.; to lat. 37[deg]34'00'' N., long. 105[deg]12'02'' 
W.; to lat. 38[deg]05'51'' N., long. 105[deg]30'49'' W.; thence to 
point of beginning, excluding that airspace within Federal airways 
and the Colorado Springs, CO, Class E airspace area.
* * * * *

    Issued in Seattle, Washington, on July 27, 2009.
H. Steve Karnes,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. E9-18736 Filed 8-4-09; 8:45 am]

BILLING CODE 4910-13-P
