Establishment of Class E Airspace; Wagoner, OK

DEAPRTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98-ASW-03]

Establishment of Class E Airspace; Wagoner, OK

agency: Federal Aviation Administration (FAA), DOT.

action: Direct final rule; request for comments.

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summary: This action establishes Class E airspace at Wagoner, OK. The

development of a new Global Positioning System (GPS) Standard

Instrument Approach Procedure (SIAP), Helicopter Point In Space

Approach, to Wagoner Community Hospital Heliport has made this rule

necessary. This action is intended to establish Class E airspace for

Instrument Flight Rules (IFR) operations to the heliport.

dates: Effective: 0901 UTC, June 18, 1998.

Comment date: Comments must be received on or before April 30,

1998.

addresses: Send comments on the rule in triplicate to Manager, Airspace

Branch, Air Traffic Division, Federal Aviation Administration,

Southwest Region, Docket No. 98-ASW-03, Fort Worth, TX 76193-0520.

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

Counsel, Southwest Region, Federal Aviation Administration, 2601

Meacham Boulevard, Room 663, Fort Worth, TX, between 9:00 AM and 3:00

PM, Monday through Friday, except Federal holidays. An informal docket

may also be examined during normal business hours at the Airspace

Branch, Air Traffic Division, Federal Aviation Administration,

Southwest Region, Room 414, Fort Worth, TX.

for further information contact: Donald J. Day, Airspace Branch, Air

Traffic Division, Southwest Region, Federal Aviation Administration,

Fort Worth, TX 76193-0520, telephone 817-222-5593.

supplementary information: This amendment to 14 CFR part 71 establishes

Class E airspace at Wagoner, OK. The development of a new GPS SIAP,

Helicopter Point In Space Approach, to Wagoner Community Hospital

Heliport has made this rule necessary. This section is intended to

establish Class E airspace for Instrument Flight Rules (IFR) operations

to the heliport.

Class E airspace designations are published in Paragraph 6005 of

FAA Order 7400.9E, dated September 10, 1997, and effective September

16, 1997, which is incorporated by reference in 14 CFR Sec. 71.1. The

Class E airspace designation listed in this document will be published

subsequently in the order.

The Direct Final Rule Procedure

The FAA anticipates that this regulation will not result in adverse

or negative comment and therefore is issuing it as a direct final rule.

A substantial number of previous opportunities provided to the public

to comment on substantially identical actions have resulted in

negligible adverse comments or objections. Unless

[[Page 12640]]

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 final rule and was not

preceded by a notice of proposed rulemaking, comments are invited on

this rule. 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

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 is 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-ASW-03.'' 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 level 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.

Further, the FAA has determined that this regulation is

noncontroversial and unlikely to result in adverse or negative comments

and only involves an established body of technical regulations that

require frequent and routine amendments to keep them operationally

current. Therefore, I certify that this regulation (1) is not a

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

not a ``significant rule'' under DOT Regulatory Polices and Procedures

(44 FR 11034; February 26, 1979); and (3) if promulgated, will not have

a significant economic impact, positive or negative, on a substantial

number of small entities under the criteria of the Regulatory

Flexibility Act. Since this rule involves routine matters that will

only affect air traffic procedures and air navigation, it does not

warrant preparation of a Regulatory flexibility Analysis because the

anticipated impact is so minimal.

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 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS

1. The authority citation for 14 CFR 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 the 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.

* * * * *

ASW OK E5 Wagoner, OK [New]

Wagoner Community Hospital Heliport, OK

Point In Space Coordinates

(lat. 35 deg.58'24'' N., long. 95 deg.23'48'' W.)

That airspace extending upward from 700 feet above the surface

within a 6-mile radius of the Point In Space serving Wagoner

Community Hospital Helicopter.

* * * * *

Issued in Fort Worth, TX, on February 18, 1998.

Albert L. Viselli,

Acting Manager, Air Traffic Division, Southwest Region.

[FR Doc. 98-6652 Filed 3-13-98; 8:45 am]

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