Establishment of Class E Airspace; Charlottesville, VA

DEPARTMENT OF TRANSPORTATION

14 CFR Part 71

[Airspace Docket No. 94-AEA-14]

Establishment of Class E Airspace; Charlottesville, VA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This action establishes Class E airspace at Charlottesville,

VA. Presently, this area is designated as Class D airspace when the

associated control tower is in operation. However, controlled airspace

to the surface is needed when the control tower located at this

location is closed. The intended effect of this action is to provide

adequate Class E airspace for instrument flight rules (IFR) operations

when the control tower is closed.

EFFECTIVE DATE: 0901 U.T.C. March 30, 1995.

Comment Date: Comments must be received on or before January 20,

1995.

ADDRESSES: Send comments on the rule in triplicate to: Manager, Air

Traffic Division, AEA-500, Airspace Docket Number 94-AEA-14, F.A.A.

Eastern Region, Fitzgerald Federal Building #111, John F. Kennedy

International Airport, Jamaica, New York 11430. An informal docket may

also be examined during normal business hours at the address listed

above.

FOR FURTHER INFORMATION CONTACT: Mr. Frank Jordan, 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:

Request for Comments on the Rule

Although this action is a final rule, and was not preceded by

notice and public procedure, comments are invited on the rule. When the

comment period ends, the FAA will use the comments submitted, together

with other available information, to review the regulation. This rule

will become effective on the date specified in the DATES section.

However, after the review of any comments, and if the FAA finds that

further changes are appropriate, it will initiate rulemaking

proceedings to extend the effective date or to amend the regulation.

Comments that provide the factual basis supporting the views and

suggestions presented are particularly helpful in evaluating the

effects of the rule, and in determining whether additional rulemaking

is required. Comments are specifically invited on the overall

regulatory, aeronautical, economic, environmental, and energy-related

aspects of the rule which might suggest the need to modify the rule.

The Rule

This amendment to part 71 of the Federal Aviation Regulations (14

CFR part 71) establishes Class E airspace extending upward from the

surface at Charlottesville, VA. Currently, this airspace is designated

as Class D when the associated control tower is in operation.

Nevertheless, controlled airspace to the surface is needed for IFR

operations at Charlottesville-Albemarle Airport, Charlottesville, VA

when the control tower is closed. The intended effect of this action is

to provide adequate Class E airspace for IFR operations at this airport

when the control tower is closed. As noted in the Airspace

Reclassification Final Rule, published in the Federal Register on

December 17, 1991, airspace at an airport with a part-time control

tower should be designated as a Class D airspace area when the control

tower is in operation, and as a Class E airspace area when the control

tower is closed (56 FR 65645).

The coordinates for this airspace docket are based on North

American Datum 83. Class E airspace areas designated as surface areas

for airports are published in paragraph 6002 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 E airspace designation listed in

this document will be published subsequently in the Order. Under the

circumstances presented, the FAA concludes that there is an immediate

need to establish this Class E surface area in order to promote the

safe and efficient handling of air traffic in these areas. Therefore, I

find that notice and public procedures under 5 U.S.C. 553(b) are

impracticable and contrary to the public interest.

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. 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 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).

Adoption of the Amendment

In consideration of the foregoing, the Federal Aviation

Administration amends 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; Executive

Order 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 7400.9B, Airspace Designations and

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

1994, is amended as follows:

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

for an airport

* * * * *

AEA VA E2 Charlottesville, VA [New]

Charlottesville-Albemarle Airport, Charlottesville, VA

(lat. 38 deg.08'19'' N., long. 78 deg.27'10'' W.)

Within a 4-mile radius of Charlottesville-Albemarle Airport.

This Class E airspace area is effective during the specific dates

and times established in advance by a Notice of Airmen. The

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

Facility Directory.

* * * * *

Issued in Jamaica, New York, on November 7, 1994.

John S. Walker,

Manager, Air Traffic Division.

[FR Doc. 94-29815 Filed 12-2-94; 8:45 am]

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