Establishment of Class E Airspace; Wilmington, OH

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 94-AGL-32]

Establishment of Class E Airspace; Wilmington, OH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace at Wilmington,

Airborne Airpark, OH. 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 area is closed. The intended effect of this action is

to provide adequate Class E airspace for instrument flight rule (IFR)

operations when the control tower is closed.

DATES: Effective date--0901 UTC, March 30, 1995.

Comment date: Comments must be received on or before Jan. 17, 1995.

ADDRESSES: Send comments on the rule in triplicate to:

Manager, Air Traffic Division, System Management Branch, AGL-530,

Docket No. 94-AGL-32, Federal Aviation Administration, 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 E. Devon Avenue,

Des Plaines, Illinois.

An informal docket may also be examined during normal business

hours at the address listed above.

FOR FURTHER INFORMATION CONTACT:

Nancy Cibic, Air Traffic Division, System Management Branch, AGL-530,

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

Illinois 60018, telephone (708) 294-7573.

SUPPLEMENTARY INFORMATION:

Request for Comments on the Rule

Although this action is in the form of 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. If the FAA receives no adverse comments in response to this

action, this rule will become effective on the date specified in the

``DATES'' section. After the review, if the FAA finds that further

changes are appropriate, it will initiate rulemaking proceedings 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 Feral Aviation Regulations (14 CFR

part 71) establishes Class E airspace at Wilmington, Airborne Airpark,

OH. 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 Airborne

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

action is to provide adequate Class E airspace for IFR operations at

the 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 designations 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 airspace 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 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 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

* * * * *

AGL OH E2 Wilmington, OH [New]

Wilmington, Airborne Airpark, OH

(lat. 39 deg.29'52'' N, long. 83 deg.47'52'' W)

Wilmington, Hollister Field Airport, OH

(lat. 39 deg.26'15'' N, long. 83 deg.42'30'' W)

Within a 4.2-mile radius of the Airborne Airpark, excluding that

portion of airspace within a 1-mile radius of Hollister 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 dates and times will thereafter be continuously published

in the Airport/Facility Directory.

* * * * *

Issued in Des Plaines, Illinois on November 28, 1994.

Roger Wall,

Manager, Air Traffic Division.

[FR Doc. 94-30449 Filed 12-9-94; 8:45 am]

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