Amendment to Class E Airspace; New Haven, CT

DEPARTMENT OF TRANSPORTATION

14 CFR Part 71

[Airspace Docket No. 97-ANE-02]

Amendment to Class E Airspace; New Haven, CT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action modifies the Class E airspace at New Haven, CT

(KHVN) by removing the Class E airspace extending upward from the

surface, effective during the times when the Airport Traffic Control

Tower (ATCT) is not operating. This action results from the lack of

continuous weather reporting at Tweed-New Haven Municipal Airport.

DATES: Effective 0901 UTC, March 27, 1997.

Comments for inclusion in the Rules Docket must be received on or

before March 10, 1997.

[[Page 5756]]

ADDRESSES: Send comments on the proposal to: Manager, Operations

Branch, ANE-530, Federal Aviation Administration, Docket No. 97-ANE-02,

12 New England Executive Park, Burlington, MA 01803-5299; telephone

(617) 238-7530; fax (617) 238-7596. Comments may also be submitted

electronically to the following Internet address: ``9 ne

[email protected]'' Comments must indicate Docket No. 97-ANE-02 in

the subject line.

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

Assistant Chief Counsel, New England Region, ANE-7, Room 401, 12 New

England Executive Park, Burlington, MA 01803-5299; telephone (617) 238-

7050; fax (617) 238-7055.

An informal docket may also be examined during normal business

hours in the Air Traffic Division, Room 408, by contacting the Manager,

Operations Branch at the first address listed above.

FOR FURTHER INFORMATION CONTACT: Raymond Duda, Operations Branch, ANE-

530.3, 12 New England Executive Park, Burlington, MA 01803-5299;

telephone (617) 238-7533; fax (617) 238-7596.

SUPPLEMENTARY INFORMATION: On May 16, 1994, the FAA established Class E

airspace at Tweed-New Haven Airport, New Haven, CT (59 FR 25301,

effective June 23, 1994) based on the availability of continuous

weather reporting and need for controlled airspace for aircraft

operating under instrument flight rules (IFR) when the Airport Traffic

Control Tower (ATCT) was closed. That Class E airspace extends upward

from the surface, and is effective during the hours when the ATCT is

closed.

The FAA has been advised that continuous surface weather

observations are no longer available at Tweed-New Haven. While the FAA

has selected Tweed-New Haven as a future site for fully automated

weather observations using the Automated Surface Observing System

(ASOS), the commissioning date for the New Haven ASOS is unknown at

this time. Accordingly, the FAA must remove the Class E airspace area

that extends upward from the surface during the times when the ATCT

does not operate. This action does not affect the Class E airspace area

that extends upward from 700 feet above the surface, which remains in

place to provide adequate controlled airspace for those aircraft using

the standard instrument approach procedures at Tweed-New Haven when the

ATCT is closed.

Class E airspace designations for airspace areas extending upward

from the surface of the earth are published in paragraph 6002 of FAA

Order 7400.9D, dated September 4, 1996, and effective September 16,

1996, which is incorporated by reference in 14 CFR 71.1. The Class E

airspace designation listed in this document will be removed

subsequently from this Order.

The Direct Final Rule Procedure

The FAA anticipates that this regulation will not result in adverse

or negative comment, and, therefore, issues it as a direct final rule.

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.

Unless a written adverse or negative comment, or a written notice of

intent to submit an adverse or negative comment is received within the

comment period, the regulation will become effective on the date

specified above. After the close of the comment period, the FAA will

publish a document in the Federal Register indicating that no adverse

or negative comments were received and confirming the date on which the

final rule will become effective. If the FAA does receive, within the

comment period, an adverse or negative comment, or written notice of

intent to submit such a comment, a document withdrawing the direct

final rule will be published in the Federal Register, and a notice of

proposed rulemaking may be published with a new comment period.

Comments Invited

Although this action is in the form of a direct final rule, and was

not preceded by a notice of proposed rulemaking, interested persons are

invited to comment on this rule by submitting such written data, views,

or arguments as they may desire. Communications should identify the

Rules Docket number and be submitted in triplicate to the address

specified under the caption ``ADDRESSES.'' all communications received

on or before the closing date for comments will be considered, and this

rule may be amended or withdrawn in light of the comments received.

Factual information that supports the commenter's ideas and suggestions

is extremely helpful in evaluating the effectiveness of this action and

determining whether additional rulemaking action would be needed.

Comments are specifically invited on the overall regulatory,

economic, environmental, and energy aspects of the rule that might

suggest a need to modify the rule. All comments submitted will be

available, both before and after the closing date for comments, in the

Rules Docket for examination by interested persons. A report that

summarizes each FAA-public contact concerned with the substance of this

action will be filed in the Rules Docket.

Commenters wishing the FAA to acknowledge receipt of their comments

submitted in response to this rule must submit a self-addressed,

stamped postcard on which the following statement is made: ``Comments

to Docket No. 97-ANE-02.'' The postcard will be date stamped and

returned to the commenter.

Agency Findings

The regulations adopted herein will not have substantial direct

effects on the States, on the relationship between the national

government and the States, or on the distribution of power and

responsibilities among the various levels of government. Therefore, in

accordance with Executive Order 12612, it is determined that this final

rule does not have sufficient federalism implications to warrant the

preparation of a Federalism Assessment.

The FAA has determined that this regulation is noncontroversial and

unlikely to result in adverse or negative comments. For the reasons

discussed in the preamble, I certify that this regulation (1) is not a

``significant regulatory action'' under Executive Order 12866; (2) is

not a ``significant rule'' under Department of Transportation (DOT)

Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);

and (3) does not warrant preparation of a Regulatory Evaluation as

these routine matters will only affect air traffic procedures and air

navigation. It is certified that these proposed rules will not have

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

Accordingly, pursuant to the authority delegated to me, the Federal

Aviation Administration amends part 71 of the Federal Aviation

Regulations (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. 106(g), 40103, 40113, 40120; E.O. 10854, 24

FR 9565, 3 CFR, 1959-1963 Comp., p.389.

2. The incorporation by reference in 14 CFR 71.1 of Federal

Aviation

[[Page 5757]]

Administration Order 7400.9D, Airspace Designations and Reporting

Points, dated September 4, 1996, and effective September 16, 1996, is

amended as follows:

Paragraph 6002 Class E Airspace Areas Designated as a Surface Area

for an Airport

* * * * *

ANE CT E2 New Haven, CT [Removed]

* * * * *

Issued in Burlington, MA, on January 31, 1997.

David J. Hurley,

Manager, Air Traffic Division, New England Region.

[FR Doc. 97-3073 Filed 2-6-97; 8:45 am]

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