Establishment of Class E Airspace; Burlington, VT

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 99-ANE-91]

Establishment of Class E Airspace; Burlington, VT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action establishes a Class E airspace area at Burlington,

VT (KBTV) to provide for controlled airspace for those aircraft

executing instrument approaches to the Burlington International Airport

at times when the Burlington Air Traffic Control Tower is closed. This

Class E airspace area will be effective during the specific dates and

times established by Notice to Airmen, and thereafter published in the

Airport/Facility Directory.

DATES: Effective 0901 UTC, February 24, 2000.

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

before January 5, 2000.

ADDRESSES: Send comments on the rule to: Manager, Airspace Branch, ANE-

520, Federal Aviation Administration, Docket No. 99-ANE-91, 12 New

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

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

the internet to the following address: ``[email protected]''

The official docket file may be examined from 8:00 a.m. to 4:30

p.m. Monday through Friday, except Federal holidays, 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-

7049; 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,

Airspace Branch at the first address listed above.

FOR FURTHER INFORMATION CONTACT: David T. Bayley, Air Traffic Division,

Airspace Branch, ANE-520.7, Federal Aviation Administration, 12 New

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

7586; fax (781) 238-7596.

SUPPLEMENTARY INFORMATION: The airspace in the vicinity of the

Burlington International Airport, Burlington, VT (KBTV) currently falls

within the Burlington Class C airspace area. That Class C area provides

controlled airspace within, among other areas, a 5-mile radius of the

Burlington International Airport from the surface to 4,400 feet above

sea level. The Burlington Class C area currently operates continuously,

as does the Burlington Airport Traffic Control Tower (ATCT). Once the

Burlington ATCT changes its operating hours, the Burlington Class C

area will not provide adequate controlled airspace in the vicinity of

the airport during those hours when the Burlington ATCT is closed. This

action establishes a Class E airspace area at Burlington, VT to provide

controlled airspace from the surface with a 5-mile radius of the

Burlington International Airport for those aircraft executing

instrument approaches to Burlington at times when the Burlington ATCT

is closed. This Class E airspace area will be effective during the

specific dates and times established by Notice to Airmen, and

thereafter published in the Airport/Facility Directory. Class E

airspace designations for airspace area extending upward from the

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

7400.9G, dated September 1, 1999, and effective September 16, 1999,

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 to keep them operationally current.

Unless a written 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 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.

[[Page 68009]]

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. 99-ANE-91.'' The postcard will be date stamped and

returned to the commenter.

Agency Findings

This rule does not have federalism implications, as defined in

Executive Order No. 13132, because it does not have a substantial

direct effect 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. Accordingly,

the FAA has not consulted with state authorities prior to publication

of this rule.

The FAA has determined that this regulation is non-controversial

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 Administration Order 7400.9G, Airspace Designations and

Reporting Points, dated September 1, 1999, and effective September 16,

1999, is amended as follows:

Subpart E--Class E Airspace

* * * * *

Paragraph 6002 Class E airspace areas designated as extending

upward from the surface of the earth

* * * * *

ANE VT E2 Burlington, VT [New]

Burlington International Airport, VT

(Lat. 44 deg.28'17'' N, long. 73 deg.09'10'' W)

Within a 5-mile radius of Burlington International Airport. This

Class E airspace is effective during the specific dates and times

established in advance by a Notice to Airmen. The effective dates

and times will thereafter be continuously published in the Airport/

Facility Directory

* * * * *

Issued in Burlington, MA, on November 18, 1999.

Arthur E. Gumtau,

Acting Manager, Air Traffic Division New England Region.

[FR Doc. 99-31518 Filed 12-3-99; 8:45 am]

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