
[Federal Register: March 15, 2010 (Volume 75, Number 49)]
[Proposed Rules]               
[Page 12165-12166]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15mr10-16]                         


[[Page 12165]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-1177; Airspace Docket No. 09-ASW-34]

 
Class E Airspace; Batesville, AR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E airspace at Batesville, 
AR. Decommissioning of the Independence County non-directional beacon 
(NDB) at Batesville Regional Airport has made this action necessary for 
the safety and management of Instrument Flight Rules (IFR) operations 
at the airport.

DATES: 0901 UTC. Comments must be received on or before April 29, 2010.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West 
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You 
must identify the docket number FAA-2009-1177/Airspace Docket No. 09-
ASW-34, at the beginning of your comments. You may also submit comments 
through the Internet at http://www.regulations.gov. You may review the 
public docket containing the proposal, any comments received, and any 
final disposition in person in the Dockets Office between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The Docket Office 
(telephone 1-800-647-5527), is on the ground floor of the building at 
the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center, 
Operations Support Group, Federal Aviation Administration, Southwest 
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: (817) 321-
7716.

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 and be submitted in 
triplicate to the address listed above. Commenters wishing the FAA to 
acknowledge receipt of their comments on this notice must submit with 
those comments a self-addressed, stamped postcard on which the 
following statement is made: ``Comments to Docket No. FAA-2009-1177/
Airspace Docket No. 09-ASW-34.'' The postcard will be date/time stamped 
and returned to the commenter.

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 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 Central Service Center, 2601 Meacham Blvd., Fort 
Worth, TX 76137.
    Persons interested in being placed on a mailing list for future 
NPRMs should contact the FAA's Office of Rulemaking (202) 267-9677, to 
request a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution System, which describes the application 
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations 
(14 CFR), part 71 by amending Class E airspace extending upward from 
700 feet above the surface for standard instrument approach procedures 
at Batesville Regional Airport, Batesville, AR. Airspace 
reconfiguration is necessary due to the decommissioning of the 
Independence County NDB and the cancellation of the NDB approach. 
Controlled airspace is needed for the safety and management of IFR 
operations at the airport.
    Class E airspace areas are published in Paragraph 6005 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 E airspace 
designation listed in this document would be published subsequently in 
the 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. 
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 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 would amend controlled airspace at Batesville Regional Airport, 
Batesville, AR.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, 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 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 FAA Order 
7400.9T, Airspace Designations and Reporting Points, signed August 27, 
2009, and effective September 15, 2009, is amended as follows:


[[Page 12166]]



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

* * * * *

ASW AR E5 Batesville, AR [Amended]

Batesville Regional Airport, AR
    (Lat. 35[deg]43'34'' N., long. 91[deg]38'51'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 9.3-mile radius of Batesville Regional Airport and within 4 
miles each side of the 260[deg] bearing from the airport extending 
from the 9.3-mile radius to 12.2 miles west of the airport.

    Issued in Fort Worth, TX, on February 24, 2010.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2010-5572 Filed 3-12-10; 8:45 am]
BILLING CODE 4910-13-P

