[Federal Register Volume 64, Number 233 (Monday, December 6, 1999)]
[Rules and Regulations]
[Pages 68008-68009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31518]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Airspace Docket No. 99-ANE-91]
Establishment of Class E Airspace; Burlington, VT
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule; request for comments.
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SUMMARY: This action establishes a Class E airspace area at Burlington,
VT (KBTV) to provide for controlled airspace for those aircraft
executing instrument approaches to the Burlington International Airport
at times when the Burlington Air Traffic Control Tower is closed. This
Class E airspace area will be effective during the specific dates and
times established by Notice to Airmen, and thereafter published in the
Airport/Facility Directory.
DATES: Effective 0901 UTC, February 24, 2000.
Comments for inclusion in the Rules Docket must be received on or
before January 5, 2000.
ADDRESSES: Send comments on the rule to: Manager, Airspace Branch, ANE-
520, Federal Aviation Administration, Docket No. 99-ANE-91, 12 New
England Executive Park, Burlington, MA 01803-5299; telephone (781) 238-
7520; fax (781) 238-7596. Comments may also be sent electronically via
the internet to the following address: 9-ane-airspace@faa.gov''
The official docket file may be examined from 8:00 a.m. to 4:30
p.m. Monday through Friday, except Federal holidays, in the Office of
the Regional Counsel, New England Region, ANE-7, Room 401, 12 New
England Executive Park, Burlington, MA 01803-5299; telephone (781) 238-
7049; fax (781) 238-7055.
An informal docket may also be examined during normal business
hours in the Air Traffic Division, Room 408, by contacting the Manager,
Airspace Branch at the first address listed above.
FOR FURTHER INFORMATION CONTACT: David T. Bayley, Air Traffic Division,
Airspace Branch, ANE-520.7, Federal Aviation Administration, 12 New
England Executive Park, Burlington, MA 01803-5299; telephone (781) 238-
7586; fax (781) 238-7596.
SUPPLEMENTARY INFORMATION: The airspace in the vicinity of the
Burlington International Airport, Burlington, VT (KBTV) currently falls
within the Burlington Class C airspace area. That Class C area provides
controlled airspace within, among other areas, a 5-mile radius of the
Burlington International Airport from the surface to 4,400 feet above
sea level. The Burlington Class C area currently operates continuously,
as does the Burlington Airport Traffic Control Tower (ATCT). Once the
Burlington ATCT changes its operating hours, the Burlington Class C
area will not provide adequate controlled airspace in the vicinity of
the airport during those hours when the Burlington ATCT is closed. This
action establishes a Class E airspace area at Burlington, VT to provide
controlled airspace from the surface with a 5-mile radius of the
Burlington International Airport for those aircraft executing
instrument approaches to Burlington at times when the Burlington ATCT
is closed. This Class E airspace area will be effective during the
specific dates and times established by Notice to Airmen, and
thereafter published in the Airport/Facility Directory. Class E
airspace designations for airspace area extending upward from the
surface of the earth are published in paragraph 6002 of FAA Order
7400.9G, dated September 1, 1999, and effective September 16, 1999,
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 Direct Final Rule Procedure
The FAA anticipates that this regulation will not result in adverse
or negative comment, and, therefore, issues it as a direct final rule.
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.
Unless a written 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 date on which the
final rule will become effective. If the FAA does receive, 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. Communications should identify the
Rules Docket number and be submitted in triplicate to the address
specified under the caption ADDRESSES. 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.
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.
Comments are specifically invited on the overall regulatory,
economic, environmental and energy aspects of the rule might suggest a
need to modify the rule. All comments submitted will be available, both
before and after the closing date for comments, in the Rules Docket for
examination by interested persons. A report that summarizes each FAA-
public contact concerned with the substance of this action will be
filed in the Rules Docket.
[[Page 68009]]
Commenters 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. 99-ANE-91.'' The postcard will be date stamped and
returned to the commenter.
Agency Findings
This rule does not have federalism implications, as defined in
Executive Order No. 13132, because it does not have a substantial
direct effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Accordingly,
the FAA has not consulted with state authorities prior to publication
of this rule.
The FAA has determined that this regulation is non-controversial
and unlikely to result in adverse or negative comments. For the reasons
discussed in the preamble, I certify that this regulation (1) is not a
``significant regulatory action'' under Executive Order 12866; (2) is
not a ``significant rule'' under Department of Transportation (DOT)
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as
these routine matters will only affect air traffic procedures and air
navigation. It is certified that these proposed rules will not have
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration amends part 71 of the Federal Aviation
Regulations (14 CFR part 71) as follows:
PART 71--[AMENDED]
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.
2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9G, Airspace Designations and
Reporting Points, dated September 1, 1999, and effective September 16,
1999, is amended as follows:
Subpart E--Class E Airspace
* * * * *
Paragraph 6002 Class E airspace areas designated as extending
upward from the surface of the earth
* * * * *
ANE VT E2 Burlington, VT [New]
Burlington International Airport, VT
(Lat. 44 deg.28'17'' N, long. 73 deg.09'10'' W)
Within a 5-mile radius of Burlington International Airport. This
Class E airspace is effective during the specific dates and times
established in advance by a Notice to Airmen. The effective dates
and times will thereafter be continuously published in the Airport/
Facility Directory
* * * * *
Issued in Burlington, MA, on November 18, 1999.
Arthur E. Gumtau,
Acting Manager, Air Traffic Division New England Region.
[FR Doc. 99-31518 Filed 12-3-99; 8:45 am]
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