[Federal Register Volume 69, Number 24 (Thursday, February 5, 2004)]
[Proposed Rules]
[Pages 5479-5480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2445]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2003-16707; Airspace Docket No. 2003-ANE-104]


Proposed Establishment of Class E Airspace; Manchester, NH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: This notice proposes the Establishment of a Class E airspace 
area at Manchester, NH (KMHT) to provide for controlled airspace upward 
from the surface during the times when the air traffic controller tower 
at Manchester will be closed.

DATES: Comments must be received on or before April 5, 2004.

ADDRESSES: Send comments on the proposal to the Docket Management 
System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh 
Street, SW., Washington, DC 2050-0001. You must identify the docket 
Number at the beginning of your comments, FAA-2003-16707/Airspace 
Docket 2003-ANE-104. You may also submit comments using the Internet 
at: http://dms.dot.gov. You may review the public docket in person in 
the Dockets Office between 9 a.m., and 5 p.m., Monday through Friday, 
except Federal holidays. The docket contains the proposal, any comments 
received, and any final disposition. The Docket Office (telephone 1-
800-647-5527) is located on the plaza level of the Department of 
Transportation NASSIF Building at the same address.
    You may examine an informal docket by appointment at the New 
England Region, Air Traffic Division, 12 New England Executive Park, 
Burlington, MA 01803-5299; telephone (781) 238-7520.

FOR FURTHER INFORMATION CONTACT: Angel Cases, Air Traffic Division, 
Airspace Branch, ANE-520, Federal Aviation Administration, 12 New 
England Executive Park, Burlington, MA 01803-5299; telephone (781) 238-
7520; fax (781) 238-7596.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in this proposed 
rulemaking by submitting written data, views, or arguments. Comments 
that provide a factual basis supporting the views and suggestions 
presented are particularly helpful in developing reasoned regulatory 
decisions on the proposal and determining whether additional rulemaking 
action is needed. Comments are specifically invited on the overall 
regulatory, aeronautical, economic, environmental, and energy-related 
aspects of the proposal that might suggest a need to modify the 
proposed rule. comments must identify both docket numbers and must be 
submitted to the address listed under ADDRESSES. If you want the FAA to 
acknowledge receipt of your comment then with your comment send a self-
addressed, stamped postcard with the following statement: ``Comments to 
Docket No. FAA-2003-16707, Airspace Docket No. 2003-ANE-104.'' We will 
date/time stamp the postcard and return it to you. We will consider all 
comments received on or before the closing date for comments, and may 
change the proposal in light of the comments we receive. All comments 
submitted are available for examination in the Rules Docket and on the 
Internet, both before and after the closing date for comments. A report 
that summarizes each FAA-public contact concerned with the substance of 
this action will be filed in the Rules Docket.

Availability of NRPM's

    An electronic copy of this document may be downloaded through the 
Internet at: http://dms.dot.gov. Recently published rulemaking 
documents can also be accessed through the FAA's Web page, http://www.faa.voc, or the Superintendent of Document's Web page, http://access.gpo.gov/nara.
    In addition, any person may obtain a copy of this NRPM by 
submitting a request to the Federal Aviation Administration, Office of 
Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW., 
Washington, DC 20591, or by calling (202) 267-8783. Requests must 
contain both docket numbers for this notice. If you are interested in 
being placed on a mailing list for future NPRMs, you should contact the 
FAA's Office of Rulemaking, (202) 267-9677, to request a copy of 
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution 
System, which describes the application procedures.

The Proposal

    The FAA is proposing to establish a Class E airspace area extending 
upward from the surface at Manchester Airport,

[[Page 5480]]

 Manchester, NH. The purpose of this controlled airspace will be to 
provide for controlled airspace from the surface to accommodate 
aircraft executing instrument approaches and departures from the 
airport during times when the air traffic control town at Manchester is 
closed. The airspace in the vicinity of Manchester, NH is currently 
within a Class C area. In a separate action, the FAA will be proposing 
to modify the current Class C area to be effective only during those 
times when the air traffic control tower is open. When that air traffic 
control tower would be closed, the airspace from the surface to 700 
feet would revert to uncontrolled airspace. This action is therefore 
necessary to provide for controlled airspace from the surface during 
those times when the air traffic control tower is closed in order to 
accommodate aircraft executing instrument approaches and departures to 
and from Manchester during those times.
    Class E airspace designations for airspace extending upward from 
the surface of an airport are published in paragraph 6002 of FAA Order 
7400.9L, dated September 2, 2003, and effective September 16, 2003, 
which is incorporated by reference in 14 CFR 71.1. The Class E airspace 
designations listed in this document will be published subsequently in 
this Order.

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. According, the 
FAA has not consulted with state authorities prior to publication of 
this rule.
    The FAA has determined that this proposed regulation only involves 
a body of technical regulations for which frequent and routine 
amendments are necessary to keep them operationally current. 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 the anticipated effect on these routine matters will is so minimal. 
Since this proposal will only affect air traffic procedures and air 
navigation, it is certified that this proposed rule 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).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal 
Aviation Administration proposes to amend 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 7400.9L, Airspace Designations and 
Reporting Points, dated September 2, 2003, and effective September 16, 
2003, is amended as follows:

Paragraph 6002 Class E Airspace Areas Extending Upward From the 
Surface of an Airport

* * * * *

ANE NH E2 Manchester, NH [New]

Manchester Airport, NH
    (Lat. 42<deg<ls-thn-eq>55'57'' N., long. 71<deg<ls-thn-eq>26'8'' 
W.)

    Within a 5-mile radius of the Manchester Airport. This Class E 
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 continuously published in the Airport/
Facility Director.

* * * * *

    Issued in Burlington, MA, on January 13, 2004.
William C. Yuknewicz,
Acting Manager, Air Traffic Division, New England Region.
[FR Doc. 04-2445 Filed 2-4-04; 8:45 am]
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