Establishment of Class E Airspace; Fitchburg, MA

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98-ANE-93]

Establishment of Class E Airspace; Fitchburg, MA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action establishes a Class E5 airspace area at Fitchburg,

MA, to provide for adequate controlled airspace for those aircraft

using the new GPS RWY 32 Instrument Approach Procedure to Fitchburg

Municipal Airport, Fitchburg, MA (KFIT).

DATES: Effective 0901 UTC, October 8, 1998.

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

before August 27, 1998.

ADDRESSES: Send comments on the proposal to: Manager, Airspace Branch,

ANE-520, Federal Aviation Administration, Docket No. 98-ANE-93, 12 New

England Executive Park, Burlington, MA 01803-5299; telephone (781) 238-

7520; fax (781) 238-7596. Comments may also be submitted electronically

to the following Internet address: ``9-ne-airspace-

[email protected]''. Comments sent electronically must indicate

Docket No. 98-ANE-93 in the subject line.

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

Regional Counsel, New England Region, ANE-7, Room 401, 12 New England

Executive Park, Burlington, MA 01803-5299; telephone (781) 238-7050;

fax (781) 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: David T. Bayley, Airspace Branch, ANE-

520.3, 12 New England Executive Park, Burlington, MA 01803-5299;

telephone (781) 238-7523; fax (781) 238-7596.

SUPPLEMENTARY INFORMATION: A new Standard Instrument Approach Procedure

(SIAP) to Fitchburg Municipal Airport, Fitchburg, MA, the GPS RWY 32

approach, requires the establishment of Class E5 airspace extending

upward from 700 feet above the surface in the vicinity of Fitchburg,

MA. This action will provide adequate controlled airspace for those

aircraft using the new GPS RWY 13 instrument approach. Class E airspace

designations for airspace areas extending upward from 700 feet above

the surface of the earth are published in paragraph 6500 of FAA Order

7400.9E, dated September 10, 1997, and effective September 16, 1997,

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

designation listed in this document will be published subsequently in

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

[[Page 40174]]

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 person 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. 98-ANE-93.'' 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.

Sec. 71.1 [Amended]

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

Aviation Administration Order 7400.9E. Airspace Designations and

Reporting Points, dated September 10, 1997, and effective September 16,

1997, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward from 700

Feet or more Above the Surface of the Earth

* * * * *

ANE VT E5 Fitchburg, MA [New]

Fitchburg Municipal Airport, MA

(lat. 42 deg.33'15'' N, long. 71 deg.45'32'' W)

That airspace extending upward from 700 feet above the surface

within a 6.4-mile radius of the Fitchburg Municipal Airport;

excluding that airspace within the Boston, MA, Class E airspace

area.

* * * * *

Issued in Burlington, MA, on July 21, 1998.

William C. Yuknewicz,

Assistant Manager, Air Traffic Division, New England Region.

[FR Doc. 98-20114 Filed 7-27-98; 8:45 am]

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