Proposed Establishment of Class E Airspace; Palm Beach Gardens, FL

DEPARTMENT OF TRANSPORTATION

14 CFR Part 71

[Airspace Docket No. 94-ASO-1]

Proposed Establishment of Class E Airspace; Palm Beach Gardens,

FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: This notice proposes to establish Class E airspace at Plam

Beach Gardens, Florida. A Standard Instrument Approach Procedure (SIAP)

for Runway 8R at the proposed North County General Aviation Airport

which, is under construction, has recently been developed and

controlled airspace extending upward from 700 feet above the surface of

the earth, is needed to contain instrument flight rules (IFR)

operations when utilizing this SIAP. The intended effect of this

proposal is to provide adequate Class E airspace for IFR operators

executing the developed SIAP.

DATES: Comments must be received on or before: April 14, 1994.

ADDRESSES: Send comments on the proposal in triplicate to:

Federal Aviation Administration, Docket No. 94-ASO-1, 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: Armando Castro, Airspace Section,

System Management Branch, Air Traffic Division, Federal Aviation

Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404)

305-5588.

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. Commenters wishing the FAA to acknowledge

receipt of the 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-1.'' 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 filled 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 procedure.

The Proposal

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

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

at Palm Beach Gardens, Florida. A Runway 8R SIAP to serve the North

County General Aviation Airport based on the Pahokee VORTAC has been

developed. Controlled airspace extending upward from 700 feet above the

surface, is needed to contain IFR operations when utilizing this SIAP.

The intended effect of this proposal is to provide adequate Class E

airspace for IFR operators executing the developed SIAP. The

coordinates for this airspace docket are based on North American Datum

83. Designations for Class E airspace extending upward from 700 feet or

more above the surface of the earth are published in Paragraph 6005 of

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

1993, which is incorporated by reference in 14 CFR 71.1 effective

September 16, 1993. The Class E 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

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 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 in effect as of

September 16, 1993 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. 6005 Class E airspace areas extending upward from 700 feet or

more above the surface of the earth.

* * * * *

ASO FL E5 Palm Beach Gardens, FL [New]

North County General Aviation Airport, FL

(lat. 26 deg.50'45'' N, long. 80 deg.13'20'' W)

That airspace extending upward from 700 feet above the surface

within a 6.4-mile radius of the North County General Aviation

Airport, excluding that airspace within the West Palm Beach, FL.,

and Jupiter, FL., Class E airspace areas.

* * * * *

Issued in College Park, Georgia, on February 11, 1994.

Michael J. Powderly,

Acting Manager, Air Traffic Division, Southern Region.

[FR Doc. 94-5781 Filed 3-10-94; 8:45 am]

BILLING CODE 4910-13-M