Proposed Modification of Class D and Class E Airspace; Morgantown, WV

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 94-AEA-03]

Proposed Modification of Class D and Class E Airspace;

Morgantown, WV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes to revise controlled airspace in the

vicinity of Morgantown, WV, due to the decommissioning of the Bobtown,

WV, non-directional radiobeacon (NDB), a proposed cancellation of an

NDB or Global Positioning System (GPS) standard instrument approach

procedure (SIAP), and a review of air traffic control procedures in the

area. Airspace Reclassification, in effect as of September 16, 1993,

has discontinued the use of the terms ``control zone and transition

area,'' and airspace designated from the surface to adjacent controlled

airspace is now being described as Class D and Class E airspace in this

vicinity. The intended effect of this proposal is to modify controlled

airspace in this vicinity to that actually required for aircraft

operating under instrument flight rules (IFR).

DATES: Comments must be received on or before September 30, 1994.

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

Sammartino, Acting Manager, System Management Branch, AEA-530, Docket

No. 94-AEA-03, F.A.A. Eastern Region, Fitzgerald Federal Building #111,

John F. Kennedy Int'l Airport, Jamaica, NY 11430.

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

Chief Counsel, AEA-7, at the same address.

An informal docket may also be examined during normal business

hours in the Office of the Manager, System Management Branch, Air

Traffic Division, at the address shown above.

FOR FURTHER INFORMATION CONTACT:

Frank Jordan, Designated Airspace Specialist, System Management Branch,

AEA-530, F.A.A. Eastern Region, Fitzgerald Federal Building #111, John

F. Kennedy International Airport, Jamaica, New York 11430; telephone:

(718) 553-0857.

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. Commentors 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-

AEA-03''. The postcard will be date/time stamped and returned to the

commentor. 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 System Management Branch, AEA-530, 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 Office of the Assistant Chief

Counsel, AEA-7, F.A.A. Eastern Region, Fitzgerald Federal Building

#111, John F. Kennedy International Airport, Jamaica, NY 11430.

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 modify controlled airspace in

the vicinity of Morgantown, WV, to reflect the proposed cancellation of

the NDB or GPS Runway 18 SIAP, the decommissioning of the Bobtown, WV,

non-directional radiobeacon (NDB), and a review of air traffic control

procedures in the area. Airspace Reclassification, in effect as of

September 16, 1993, has discontinued the use of the terms ``control

zone and transition area,'' and airspace extending upward from the

surface to overlying controlled airspace is now being described as

Class D & E airspace in this area. The intended effect of this proposal

is to reflect that amount of controlled airspace actually required for

aircraft operations under instrument flight rules at the Morgantown

Municipal-Walter L. Bill Hart Field, WV. The coordinates for this

airspace docket are based on North American Datum 83. Class D and Class

E airspace areas extending upward from the surface and from 700 feet

above ground level are published in Paragraphs 5000, 6002, 6004, and

6005 of FAA Order 7400.9B, Airspace Designations and Reporting Points,

dated July 18, 1994, and effective September 16, 1994, which is

incorporated by reference in 14 CFR 71.1. The Class D & 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 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, when promulgated, this proposed rule 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--[AMENDED]

1. The authority citation for part 71 continues to read as follows:

Authority: 49 U.S.C. app. 1348(a), 1354(a), 1510; E.O. 10854, 24

FR 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 7400.9, Airspace Designations and

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

1994, is amended as follows:

Paragraph 5000--General

* * * * *

AEA WV D Morgantown, WV [Revised]

Morgantown Municipal-Walter L. Bill Hart Field Airport, WV

(Lat. 39 deg.38'34'' N., long. 79 deg.54'59'' W.)

That airspace extending upward from the surface to and including

3,700 feet MSL within a 4-mile radius of Morgantown Municipal-Walter

L. Bill Hart Field 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

continuously published in the Airport/Facility Directory.

* * * * *

Paragraph 6002--Class E airspace areas designated as a surface area

for an airport

* * * * *

AEA WV E2 Morgantown, WV [New]

Morgantown Municipal-Walter L. Bill Hart Field Airport, WV

(Lat. 39 deg.38'34'' N., long. 79 deg.54'59'' W.)

Within a 4-mile radius of Morgantown Municipal-Walter L. Bill

Hart Field Airport. This Class E 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 continuously

published in the Airport/Facility Directory.

* * * * *

Paragraph 6004--Class E airspace areas extending upward from the

surface designated as an extension to a Class D surface area

* * * * *

AEA WV E4 Morgantown, WV [New]

Morgantown Municipal-Walter L. Bill Hart Field Airport, WV

(Lat. 39 deg.38'34'' N., long. 79 deg.54'59'' W.)

Morgantown VORTAC

(Lat. 39 deg.33'24'' N., long. 79 deg.51'37'' W.)

That airspace extending upward from the surface within 1 mile

either side of the Morgantown VORTAC 152 deg. (T) 157 deg. (M)

radial extending from the 4-mile radius of Morgantown Municipal-

Walter L. Bill Hart Field Airport to the Morgantown VORTAC. This

Class E 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 continuously published in the

Airport/Facility Directory.

* * * * *

Paragraph 6005--Class E airspace areas extending upward from 700

feet or more above the surface of the earth

* * * * *

AEA WV E5 Morgantown, WV [Revised]

Morgantown Municipal-Walter L. Bill Hart Field Airport, WV

(Lat. 39 deg.38'34'' N., long. 79 deg.54'59'' W.)

Morgantown VORTAC

(Lat. 39 deg.33'24'' N., long. 79 deg.51'37'' W.)

That airspace extending upward from 700 feet above the surface

within a 6.5-mile radius of Morgantown Municipal-Walter L. Bill Hart

Field Airport and within 3 miles each side of the Morgantown VORTAC

152 deg. (T) 157 deg. (M) radial extending from the 6.5-mile radius

to 8.8 miles southeast of the VORTAC and within 3 miles west of the

Morgantown VORTAC 336 deg. (T) 341 deg. (M) radial clockwise to 3

miles east of the Morgantown Municipal-Walter L. Bill Hart Field

Airport north localizer course extending from the 6.5-mile radius to

15.1 miles north of the airport.

* * * * *

Issued in Jamaica, New York, on August 16, 1994.

John S. Walker,

Manager, Air Traffic Division.

[FR Doc. 94-21980 Filed 9-6-94; 8:45 am]

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