
[Federal Register: November 9, 2009 (Volume 74, Number 215)]
[Proposed Rules]               
[Page 57616-57617]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09no09-15]                         

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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[[Page 57616]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0831; Airspace Docket No. 09-ANM-13]

 
Proposed Amendment of Class D Airspace; North Bend, OR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify Class D airspace at Southwest 
Oregon Regional Airport, North Bend, OR. A portion of the airspace 
would be modified to allow aircraft at Sunnyhill Airport to arrive and 
depart outside Class D airspace. This action is necessary for the 
safety and management of Instrument Flight Rules (IFR) aircraft 
utilizing both airports.

DATES: Comments must be received on or before December 24, 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-
0831; Airspace Docket No. 09-ANM-13, 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 2009-0831 and Airspace Docket No. 09-ANM-13) 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-2009-0831 and Airspace Docket No. 09-ANM-13''. 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 or the Federal Register's web page at http://
www.gpoaccess.gov/fr/index.html.
    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 
Center, 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 D airspace at Southwest 
Oregon Regional Airport, North Bend, OR. Controlled airspace extending 
upward from the surface to and including 2,500 feet MSL within a 4.2-
mile radius of Southwest Oregon Regional Airport, North Bend, OR, 
excluding that airspace within a 1.5-mile radius of Sunnyhill Airport, 
is required for IFR operations at Southwest Oregon Regional Airport, 
and Sunnyhill Airport, North Bend, OR. Class D airspace designations 
are published in paragraph 5000, of FAA Order 7400.9T, signed August 
27, 2009, and effective September 15, 2009, which is incorporated by 
reference in 14 CFR 71.1. The Class D airspace designations 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 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 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 for the FAA Administrator. Subtitle VII,

[[Page 57617]]

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 modifies controlled airspace at 
Southwest Oregon Regional Airport, North Bend, OR.

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

Paragraph 5000 Class D airspace.
* * * * *

ANM OR D North Bend, OR [Modified]

Southwest Oregon Regional Airport, OR
    (Lat. 43[deg]25'01'' N., long. 124[deg]14'49'' W.)
Sunnyhill Airport, OR
    (Lat. 43[deg]28'59'' N., long. 124[deg]12'10'' W.)

    That airspace extending upward from the surface to and including 
2,500 feet MSL within a 4.2-mile radius of the Southwest Oregon 
Regional Airport excluding that airspace with a 1.5-mile radius of 
Sunnyhill Airport. This Class D airspace area is effective during 
the specific dates and times established in advance by a Notice to 
Airmen. The effective date and time will thereafter be continuously 
published in the Airport/Facility Directory.
* * * * *

    Issued in Seattle, Washington, on October 29, 2009.
Robert Henry,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. E9-26975 Filed 11-6-09; 8:45 am]

BILLING CODE 4910-13-P
