
[Federal Register: October 28, 2009 (Volume 74, Number 207)]
[Rules and Regulations]               
[Page 55449-55451]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28oc09-6]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0653; Airspace Docket 09-ASO-22]

 
Modification of Class E Airspace; Anniston, AL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule, request for comments.

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SUMMARY: This action modifies the Class E airspace at Anniston 
Metropolitan Airport in Anniston, AL. After a new RNAV (GPS) Z approach 
was developed for Runway 23, it was determined that the Class E 
airspace at the airport should be modified to facilitate a more 
efficient operation. This rule increases

[[Page 55450]]

the safety and management of the National Airspace System (NAS) around 
Anniston Metropolitan Airport.

DATES: Effective 0901 UTC, December 17, 2009. 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 should be received no later that December 14, 2009.

ADDRESSES: Send comments on this rule to: U.S. Department of 
Transportation, Docket Operations, West Building, Ground Floor, Room 
W12-140, 1200 New Jersey, SE., Washington, DC 20590-0001; Telephone: 1-
800-647-5527; Fax: 202-493-2251. You must identify the Docket Number 
FAA-2009-0653; Airspace Docket No. 09-ASO-22, 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: Melinda Giddens, Operations Support, 
Eastern Service Center, Federal Aviation Administration, P.O. Box 
20636, Atlanta, Georgia 30320; telephone (404) 305-5610.

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 and 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. An electronic copy of this document 
may be downloaded from and comments may be submitted and reviewed 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/. 
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-
2009-0653; Airspace Docket No. 09-ASO-22.'' 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 and E5 airspace at Anniston, AL by expanding 
the controlled airspace, extending upward from the surface of the Earth 
to support IFR operations at Anniston Metropolitan Airport. 
Additionally, the existing Class E airspace that extends upwards from 
700 feet above the surface of the Earth (E5) will have its dimensions 
increased from a 12-mile radius to a 12.7-mile radius of the Anniston 
Metropolitan Airport.
    Class E2 airspace designations for airspace areas extending upwards 
from the surface of the Earth and Class E5 airspace designations for 
airspace areas extending from 700 feet above the surface of the Earth 
are published in Paragraph 6002 and 6005 respectively of FAA Order 
7400.9T, dated August 27, 2009 and effective September 15, 2009, which 
is incorporated by reference in 14 CFR 71.1. The Class E2 and E5 
airspace 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. 
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

[[Page 55451]]

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 the Class E2 and E5 airspace at 
Anniston Metropolitan Airport in Anniston, AL.

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 7400.9T, Airspace Designations and Reporting 
Points, dated August 27, 2009, and effective September 15, 2009, is 
amended as follows:

Paragraph 6002 Class E Airspace Areas Designated as Surface Areas.

* * * * *

ASO AL E2 Anniston, AL [REVISED]

Anniston Metropolitan Airport, Anniston, AL
    (Lat. 33[deg]35[min]17[sec] N, long. 85[deg]51[min]29[sec] W)

    That airspace extending upward From the surface within 5.5 
radius of Anniston Metropolitan Airport.
* * * * *

Paragraph 6005 Class E Airspace Extending Upward from 700 feet or 
More Above the Surface of the Earth.

* * * * *

ASO AL E5 Anniston, AL [REVISED]

Anniston Metropolitan Airport, Anniston, AL
    (Lat. 33[deg]35[min]17[sec] N, long. 85[deg]51[min]29[sec] W)
Talladega Municipal Airport
    (Lat. 33[deg]34[min]12[sec] N, long. 86[deg]03[min]04[sec] W)
St. Clair County Airport
    (Lat. 33[deg]33[min]32[sec] N, long. 86[deg]14[min]57[sec] W)

    That airspace extending upward from 700 feet above the surface 
within a 12.7-mile radius of Anniston Metropolitan Airport and 
within a 9.5-mile radius of Talladega Municipal Airport and within a 
11.5-mile radius of St. Clair County Airport, excluding that 
airspace within Restricted Area R-2101 when the restricted area is 
active.
* * * * *

    Issued in College Park, Georgia, on October 15, 2009.
Michael Vermuth,
Acting Manager, Operations Support Group, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. E9-25498 Filed 10-27-09; 8:45 am]

BILLING CODE 4910-13-P
