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: Final rule.

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SUMMARY: This action establishes 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 accurate reference to Class D airspace at

Akron-Canton Regional Airport.

EFFECTIVE DATE: 0901 UTC, May 25, 1995.

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:

History

On August 24, 1994, the FAA proposed to amend part 71 of the

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

airspace at Akron-Canton Regional Airport, Akron, Ohio (59 FR 43517).

Currently, the airspace at Akron-Canton Regional Airport is

designated as Class C airspace. During certain period of time, the

Akron-Canton ATCT radar approach control facility is not operational

and traffic is re-routed to Cleveland ARTCC during those times.

However, the ATCT at Akron-Canton Regional Airport is full-time. The

intended effect of this proposal is to correctly reference Class D

airspace in aeronautical maps and charts. This action does not change

the existing method of handling air traffic operations at Akron-Canton

ATCT.

Interested parties were invited to participate in this rulemaking

proceeding by submitting written comments on the proposal to the FAA.

Eight (8) letters of objection were received in response to the

proposal. These objections were based on concerns for safety. The

following concerns were raised:

1. Establishing Class D airspace at Akron, Ohio would jeopardize

safety at Akron-Canton Regional Airport for air traffic operations

during the hours that Class D airspace would be in effect. VFR traffic

should be separated from IFR traffic.

2. Within the Weather Bureau closing, the airport would be

unattended for the hours of Class D operation (midnight to 6:00 a.m.

local time) and therefore there would be no controllers at the ATCT to

observe and instruct snow removal from the runways during these times.

This was of concern to the commenter because the airport is in the snow

belt of Lake Erie.

3. Akron-Canton ATCT needs more controllers to handle the existing

and increasing traffic so as not to jeopardize the continued growth of

Akron-Canton Regional Airport.

All of these comments were considered and evaluated. They are

responded to as follows:

1. There is no change to the existing method of handling air

traffic operations at Akron-Canton Regional Airport. Class D airspace

has existed at Akron-Canton Regional Airport for several years;

however, it is not correctly indicated on aeronautical maps and charts.

During [[Page 10014]] this time period of Class D operations, there has

been no derogation of safety. The purpose of this docket is to initiate

action to reference correctly Class D airspace in aeronautical

directories and charts.

2. Responding to the issue of the airport being closed for snow

removal, changing aeronautical maps and charts to reflect existing

airspace will not impact the length of time that the airport would be

closed for snow removal. The City of Akron, OH is responsible to remedy

airport conditions caused by inclement weather. Comments regarding

actions taken for snow removal at the airport can be directed to the

City of Akron airport authorities. This comment addresses issues beyond

the scope of the action proposed in this notice.

3. Implementation of the proposal on Class D airspace will not

affect staffing at the Akron-Canton ATCT. Accordingly, the comment

regarding staffing is beyond the scope of this notice.

A minor modification has been made to the legal description from

that shown in the notice to exclude the airspace within the Akron-

Canton Regional Airport Class C airspace area. This modification is

required in accordance with new guidelines.

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 will be

published subsequently in the Order.

The Rule

This amendment to part 71 of the Federal Aviation Regulations

establishes Class D airspace at Akron-Canton Regional Airport, Akron,

Ohio during certain periods of time when the Akron-Canton ATCT radar

approach control facility is not in operation. Currently, the airspace

at Akron-Canton Regional Airport is designated as Class C airspace

only. The intended effect of this proposal is to provide reference to

Class D airspace to maintain the two-way radio communications

requirements when the radar approach control facility is not in

operation at the airport. This action does not change the existing

method of handling traffic but will allow for action to be taken to

correctly reference the airspace in aeronautical directories and

charts.

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 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, excluding that airspace within the Akron-Canton Regional

Airport, OH Class C airspace area. 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 February 9, 1995.

Roger Wall,

Manager, Air Traffic Division.

[FR Doc. 95-4439 Filed 2-22-95; 8:45 am]

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