[Federal Register: December 15, 2008 (Volume 73, Number 241)]
[Rules and Regulations]
[Page 75936-75938]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15de08-5]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2008-1076; Airspace Docket No. 08-ANE-102]
Amendment to Class E Airspace; Rutland, VT
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule, request for comments.
-----------------------------------------------------------------------
SUMMARY: This action revises the Class E Airspace at Rutland-Southern
Vermont Regional (RUT); Rutland, VT to provide adequate controlled
airspace for those aircraft using Instrument Approach Procedures to the
airport. The IRA NDB has been decommissioned and new Standard
Instrument Approach Procedures (SIAPs) have been developed. This rule
also imparts a technical amendment to change the name of the airport
from Rutland State Airport to Rutland-Southern Vermont Regional. This
action will enhance the safety and airspace management around Rutland-
Southern Vermont Regional.
DATES: Effective 0901 UTC, March 12, 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 for
inclusion in the Rules Docket must be received on or before January 29,
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 Avenue, SE., Washington, DC 20590-0001;
Telephone: 1-800-647-5527; Fax: 202-493-2251. You must identify the
Docket Number FAA-2008-1076; Airspace Docket No. 08-ANE-102, at the
beginning of your
[[Page 75937]]
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
Group, Federal Aviation Administration, P.O. Box 20636, Atlanta,
Georgia 30320; Telephone (404) 305-5610, Fax 404-305-5572.
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 an 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. The direct final rule is used in this
case to facilitate the timing of the charting schedule and enhance the
operation at the airport, while still allowing and requesting public
comment on this rulemaking action. An electronic copy of this document
may be downloaded from and comments submitted through 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-
2008-1076; Airspace Docket No. 08-ANE-102.'' 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 revises Class E Airspace at Rutland, VT by modifying the
Rutland-Southern Vermont Regional (RUT) Class E airspace to provide
adequate Class E airspace for IFR operations at Rutland, VT. The IRA
NDB has been decommissioned and in reviewing the legal description at
Rutland-Southern Vermont Regional, the FAA determined that the Class E5
airspace should be redefined in order to provide adequate controlled
airspace for aircraft executing Instrument Approach Procedures to
Rutland-Southern Vermont Regional. This action changes the name of the
airport from Rutland State Airport to Rutland-Southern Vermont
Regional. Designations for Class E airspace areas extending upward from
700 feet or more above the surface of the Earth are published in 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
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, is
non-controversial and unlikely to result in adverse or negative
comments. 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 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 controlled airspace at Rutland, VT.
Lists 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:
[[Page 75938]]
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 7400.9S, Airspace Designations and Reporting
Points, signed October 3, 2008, 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.
* * * * *
ANE VT E5 Rutland, VT [REVISED]
Rutland-Southern Vermont Regional, VT
(Lat. 43[deg]31'48'' N., long 72[deg]56'59'' W.)
That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of Rutland-Southern Vermont Regional (RUT)
and within 1.5 miles each side of the 001[deg] bearing from Rutland-
Southern Vermont Regional extending from the 6.6-mile radius to 9.0
miles northeast of the airport and within 1.5 miles each side of the
182[deg] bearing from Rutland-Southern Vermont Regional extending
from the 6.6 mile radius to 9.3 miles southwest of the airport.
* * * * *
Issued in College Park, Georgia on November 20, 2008.
Barry A. Knight,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. E8-29268 Filed 12-12-08; 8:45 am]
BILLING CODE 4910-13-P