Establishment of Class D Airspace; Akron-Canton, OH.

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 94-AGL-23]

Establishment of Class D Airspace; Akron-Canton, OH.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice proposes to establish Class D airspace at Akron-

Canton Regional Airport, Akron, Ohio. Currently, the airspace at Akron-

Canton Regional Airport is designated as Class C airspace. During

certain periods of time, the Akron-Canton Air Traffic Control Tower

(ATCT) radar approach control facility is not operational. However, the

ATCT at Akron-Canton Regional Airport is full-time. The intended effect

of this proposal is to provide Class D airspace to maintain the two-way

radio communications requirement when the radar approach control

facility is not in operation.

DATES: Comments must be received on or before October 6, 1994.

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

Aviation Administration, Office of the Assistant Chief Counsel, AGL-7,

Rules Docket No. 94-AGL-23, 2300 East Devon Avenue, Des Plaines,

Illinois 60018.

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

Chief Counsel, Federal Aviation Administration, 2300 East Devon Avenue,

Des Plaines, Illinois. An informal docket may also be examined during

normal business hours at the Air Traffic Division, System Management

Branch, Federal Aviation Administration, 2300 East Devon Avenue, Des

Plaines, Illinois.

FOR FURTHER INFORMATION CONTACT:

Jeffrey L. Griffith, Air Traffic Division, System Management Branch,

AGL-530, Federal Aviation Administration, 2300 East Devon Avenue, Des

Plaines, Illinois 60018, telephone (708) 294-7568.

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 notice must

submit with those comments a self-addressed, stamped postcard on which

the following statement is made: ``Comments to Airspace Docket No. 94-

AGL-23.'' 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 notice may be changed

in light of comments received. All comments submitted will be available

for examination in the Rules Docket, FAA, Great Lakes Region, Office of

the Assistant Chief Counsel, 2300 East Devon Avenue, Des Plaines,

Illinois, 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 the Notice of Proposed Rulemaking

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

Office of Public Affairs, Attention: Public Inquiry Center, APA-220,

800 Independence Avenue, S.W., Washington, DC 20591, or by calling

(202) 267-3485. 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 procedure.

The Proposal

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

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

Akron-Canton Regional Airport, Akron, Ohio. Currently, the airspace at

Akron-Canton Regional Airport is designated as Class C airspace. During

certain periods of time, the Akron-Canton Air Traffic Control Tower

(ATCT) radar approach control facility is not operational. However, the

ATCT at Akron-Canton Regional Airport is full-time. The intended effect

of this proposal is to provide Class D airspace to maintain the two-way

radio communications requirements when the radar approach control

facility is not in operation.

The coordinates for this airspace docket are based on North

American Datum 83. Class D airspace designations are published in

Paragraph 5000 of FAA Order 7400.9B dated July 18, 1994, and effective

September 16, 1994, which is incorporated by reference in 14 CFR 71.1.

The Class D 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.

List of Subjects in 14 CFR Part 71

Aispace, 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--[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, 24

FR 9 9565, 3 CFR, 1959-1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR

11.69.

Sec. 71.1 [Amended]

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

Aviation Administration Order 7400.9B, Airspace Designations and

Reporting Points, dated July 18, 1994, and effective September 16,

1994, is amended as follows:

Paragraph 5000 General

* * * * *

AGL OH D Akron-Canton, OH [New]

(lat. 40 deg.54'59'' N., long. 81 deg.26'32'' W.)

That airspace extending upward from the surface to and including

3700 feet MSL within a 4.3-mile radius of the Akron-Canton Regional

Airport. This Class D airspace area is effective during the specific

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

effective date and time will thereafter be published in the Airport/

Facility Directory.

* * * * *

Issued in Des Plaines, Illinois on August 15, 1994.

Roger Wall,

Manager, Air Traffic Division.

[FR Doc. 94-20794 Filed 8-23-94; 8:45 am]

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