01-15299. Proposed Modification of Class D and Class E Airspace; Bellingham, WA

AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Notice of proposed rulemaking (NPRM).

SUMMARY:

This action proposes to modify the Class D airspace area at Bellingham, WA, by amending the effective hours to coincide with the Bellingham Air Traffic Control Tower (ATCT) hours of operation. This action also would modify the Class E Airspace extension at Bellingham International Airport when the Bellingham ATCT is closed. The intended effect of this action is to clarify when two-way radio communication with Bellingham ATCT is required and to provide adequate controlled airspace when the Bellingham ATCT is closed.

DATES:

Comments must be received on or before August 2, 2001.

ADDRESSES:

Send comments on the proposal in triplicate to: Manager, Airspace Branch, ANM-520, Federal Aviation Administration, Docket No. 00-ANM-28, 1601 Lind Avenue SW, Renton, Washington 98055-4056.

An informal docket may also be examined during normal business hours in the office of the Manager, Air Traffic Division, Airspace Branch, at the address listed above.

FOR FURTHER INFORMATION CONTACT:

Brian Durham, ANM-520.7, Federal Aviation Administration, Docket No. 00-ANM-28, 1601 Lind Avenue, SW, Renton, Washington 98055-4056: telephone number: [phone].

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 the airspace docket number and be submitted in triplicate to the address listed above. 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 Airspace Docket No. 00-ANM-28.” 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 the light of comments received. All comments submitted will be available for examination at the address listed above 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 NPRM's

Any person may obtain a copy of this NPRM by submitting a request to the Federal Aviation Administration, Airspace Branch, ANM-520, 1601 Lind Avenue SW, Renton, Washington 98055-4056. Communications must identify the docket number of this NPRM. Persons interested in being placed on a mailing list for future NPRM's should also request a copy of Advisory Circular No. 11-2A, which describes the application procedure.

The Proposal

The FAA is considering an amendment to Title 14 Code of Federal Regulations, part 71 (14 CFR part 71) by modifying Class D and Class E Airspace at Bellingham, WA. Bellingham ATCT recently changed its operating hours to less than a 24 hour a day operation. This action proposes to modify the Class D airspace area at Bellingham, WA, by amending the effective hours to coincide with the Bellingham Air Traffic Control Tower (ATCT) hours of operation. This action also would modify the Class E airspace extension at Bellingham International Airport when the Bellingham ATCT is closed. The FAA establishes Class D and Class E airspace where necessary to protect aircraft transitioning between the terminal and en route environments, and to provide local VFR sequencing by ATCT personnel. The intended effect of this proposal is designed to provide safe and efficient use of the navigable airspace and to promote safe flight operation is under Instrument Flight Rules (IFR) and VFR at Bellingham International Airport and between the terminal and en route transition stages.

The area would be depicted on aeronautical charts for pilot reference. The coordinates for this airspace docket are based on North American Datum 83. Class D airspace areas designated for an airport, are published in Paragraph 5000, and Class E airspace areas designated as surface areas, are published in Paragraph 6004, of FAA Order 7400.9H dated September 1, 2000, and effective September 16, 2000, which is incorporated by reference in 14 CFR 71.1. The Class D and Class E airspace designations 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 11013; 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.

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, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; 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, 40210; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

§ 71.1

[Amended]

2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9H, Airspace Designations and Reporting Points, dated September 1, 2000, and effective September 16, 2000, is amended as follows:

Paragraph 5000 General.

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ANM WA D Bellingham, WA [Revised]

Bellingham International Airport

(Lat. 48°47′37″N., long. 122°32′19″W.)

That airspace extending upward from the surface to and including 2,700 feet MSL within a 4-mile radius of Bellingham International Airport. This Class D airspace is effective during 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.

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Paragraph 6004 Class E airspace consisting of airspace extending upward from the surface designated as an extension of Class D airspace.

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ANM WA E4 Bellingham, WA [Revised]

Bellingham International Airport

(Lat. 48°47′37″N., long. 122°32′19″W.)

Whatcom VORTAC

(Lat. 48°56′43″N., long. 122°34′45″W.)

That airspace extending upward from the surface within the 1.8 miles each side of the Whatcom VORTAC 169° radial extending north from the 4-mile radius of the Bellingham International Airport to 2.7 miles south of the VORTAC. This Class E airspace is effective during 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.

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Issued in Seattle, Washington, on May 25, 2001.

Dan A. Boyle,

Assistant Manager, Air Traffic Division, Northwest Mountain Region.