Proposed Establishment of Class D Airspace; Class E2 Airspace and Proposed Amendment of Class E Airspace; Athens, GA

DEPARTMENT OF TRANSPORTATION

14 CFR Part 71

[Airspace Docket No. 94-ASO-4]

Proposed Establishment of Class D Airspace; Class E2 Airspace and

Proposed Amendment of Class E Airspace; Athens, GA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: This notice proposes to establish Class D airspace at the

Athens/Ben Epps Airport, Athens, GA and to establish Class E4 airspace

due to commissioning of a Non-Federal Air Traffic Control Tower, March

14, 1994, at the Athens/Ben Epps Airport. This Action also would amend

the Class E2 surface airspace at Athens/Ben Epps Airport to indicate

part-time when the control tower is not in operation. The intended

effect of this proposal is to require pilots to establish two-way radio

communications prior to entering the airspace during the hours the

control tower is in operation.

DATES: Comments must be received on or before June 3, 1994.

ADDRESSES: Send comments on the proposal in triplicate to: Federal

Aviation Administration, Docket No. 94-ASO-4, Manager, System

Management Branch, ASO-530, P.O. Box 20636, Atlanta, Georgia 30320.

The official docket may be examined in the Office of the Assistant

Chief Counsel for Southern Region, room 530, 1701 Columbia Avenue,

College Park, Georgia 30337; telephone (404) 305-5200.

FOR FURTHER INFORMATION CONTACT: Wade T. Carpenter, Jr., Airspace

Section, System Management Branch, Air Traffic Division, Federal

Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320;

telephone (404) 305-5585.

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 aspects of the proposal. Communications

should identify the airspace docket and be submitted in triplicate to

the address listed above. Comments 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 Airspace Docket No. 94-ASO-4.'' The

postcard will be date/time stamped and returned to the commenter. All

communications received before the specified closing date for comments

will be considered before taking action on the proposed rule. The

proposal contained in this notice may be changed in the light of

comments received. All comments submitted will be available for

examination in the Office of the Assistant Chief Counsel for Southern

Region, Room 530, 1701 Columbia Avenue, College Park, Georgia 30337,

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 Notice of Proposed Rulemaking

(NPRM) by submitting a request to the Federal Aviation Administration,

Manager, System Management Branch (ASO-530), Air Traffic Division, P.O.

Box 20636, Atlanta, Georgia 30320. Communications must identify the

notice 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 procedures.

The Proposal

The FAA is considering an amendment to part 71 of the Federal

Aviation Regulations (14 CFR part 71) to establish a Class D airspace

area and Class E4 airspace at the Athens/Ben Epps Airport, Athens,

Georgia. This action also would amend the Class E2 surface airspace at

Athens/Ben Epps Airport to indicate part time. The establishment of

this Class D airspace area will require pilots, prior to entering the

airspace, to establish two-way radio communications with the newly

commissioned air traffic control tower providing air traffic services.

The coordinates for this airspace docket are based on North American

Datum 83. Class D, Class E2 and Class E4 airspace areas, are

respectively published in Para 5000, Para 6002 and Para 6004 of FAA

Order 7400.9A dated June 17, 1993, and effective September 16, 1993,

which is incorporated by reference in 14 CFR 71.1. The Class D, E2 and

E4 airspace areas 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.

List of Subjects in 14 CFR Part 71

Aviation safety, Incorporation by reference, Navigation (air).

The Proposed Amendment

In consideration of the foregoing, the Federal Aviation

Administration proposes to amend 14 CFR 71 as follows:

PART 71--[AMENDED]

1. The authority citation for 14 CFR part 71 continues to read as

follows:

Authority: 49 U.S.C. app. 1348(a), 1354(a), 1510; E.O. 10854, 25

FR 9565, 3CFR, 1959-1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR

11.69.

71.1 [Amended]

2. The incorporation by reference in 14 CFR 71.1 of the Federal

Aviation Administration Order 7400.9A, Airspace Designations and

Reporting Points, dated June 17, 1993, and effective September 16,

1993, is amended as follows:

Para 5000 Class D Airspace

* * * * *

ASO GA D Athens, Georgia [New]

Athens/Ben Epps Airport, Athens, Georgia

(lat. 35 deg.56'54''N, long, 83 deg.19'37''W)

That airspace extending upward from the surface to and including

3300 feet MSL within a 4-mile radius of the Athens/Ben Epps Airport.

This Class D airspace area is effective during the specified dates

and times established in advance by a Notice to Airman. The

effective date and time will thereafter be continuously published in

the Airport/Facility Directory.

* * * * *

Para 6004 Class E airspace designated as an extension to a Class D

surface area.

* * * * *

ASO GA E4 Athens, Georgia [New]

Athens/Ben Epps Airport, Athens, Georgia

(lat. 35 deg.56'54''N, long. 83 deg.19'36''W)

That airspace within 3 miles each side of the Athens VORTAC

195 deg. radial, extending from the 4-mile radius to 7 miles south

of the VORTAC and within 3 miles each side of the Athens VORTAC

076 deg. radial, extending from the 4-mile radius to 7 miles east of

the VORTAC.

* * * * *

Para 6002 Class E airspace areas designated as a surface area for

an airport.

* * * * *

ASO GA E2 Athens, Georgia [Amend]

Athens/Ben Epps Airport, Athens, Georgia

(lat. 35 deg.56'54''N, long. 83 deg.19'36''W)

Within a 4-mile radius of the Athens/Ben Epps Airport and within

3 miles each side of the Athens VORTAC 195 deg. radial, extending

from the 4-mile radius to 7 miles south of the VORTAC and within 3

miles each side of the Athens VORTAC 076 deg. radial, extending from

the 4-mile radius to 7 miles east of the VORTAC.

This Class E airspace area is effective during the specific

dates and times established in advance by a Notice to Airmen. The

effected date and time will thereafter be continuously published in

the Airport/Facility Directory.

* * * * *

Issued in College Park, Georgia, on April 12, 1994.

Michael J. Powderly,

Acting Manager, Air Traffic Division Southern Region.

[FR Doc. 94-10382 Filed 4-29-94; 8:45 am]

BILLING CODE 4910-13-M