Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 71
          - [Docket FAA 2003-16805; Airspace Docket 03-ANM-22] 

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Final rule. 

# SUMMARY:

This rule will establish Class D airspace at Provo, UT. An Airport Traffic Control Tower (ATCT) is under construction at Provo Municipal Airport, Provo, UT, which will meet criteria for Class D airspace. A Class D surface area is necessary when the ATCT is open.

# EFFECTIVE DATE:

0901 UTC, January 20, 2005.

# FOR FURTHER INFORMATION CONTACT:

Debra Trindle, Federal Aviation Administration, Western Terminal Operations, 15000 Aviation Boulevard, Lawndale, CA 90261; telephone (310) 725-6613.

# SUPPLEMENTARY INFORMATION:

## History

On June 28, 2004, the FAA proposed to amend Title 14 Code of Federal Regulations part 71 (CFR part 71) to establish Class D airspace at Provo, UT, (69 FR 36030). An Airport Traffic Control Tower (ATCT) is under construction at Provo Municipal Airport, Provo, UT, which will meet criteria for Class D airspace. The current Class E2 surface area airspace will be revoked in a separate rulemaking action. The Class D airspace area will be effective during periods that the ATCT is open.

Interested parties were invited to participate in this rule making proceeding by submitting written comments on the proposal to the FAA. No comments were received. Class E airspace designations are published in paragraph 6005 of FAA Order 7400.9M dated August 30, 2004, and effective September 16, 2004, which is incorporated by reference in 14 CFR part 71.1. The Class D airspace designation listed in this document will be published subsequently in that Order.

*The Rule:*                     This amendment to 14 CFR part 71 establishes Class D airspace at Provo Municipal Airport, Provo, UT. An Airport Traffic Control Tower (ATCT) is under construction at Provo Municipal Airport, Provo, UT, which will meet criteria for Class D airspace.                

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. Therefore, this regulation: (1) Is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a 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

In consideration of the foregoing, 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; 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.

§ 71.1

2. The incorporation by reference in 14 CFR part 71.1 of the Federal Aviation Administration Order 7400.9M, Airspace Designations and Reporting Points, dated August 30, 2004, and effective September 16, 2004, is amended as follows:

### Paragraph 5000 Class D Airspace area extending upward from the surface of the earth.

* * * * *

## ANM UT D Provo, UT [New]

Provo Municipal Airport, UT

(Lat. 40°13′09″ N., long. 111°42′42″ W.)

Spanish Fork-Springville, UT

(Lat. 40°08′30″ N., long. 111°39′41″ W.) 

That airspace extending upward from the surface to and including 7,000 feet MSL within a 4.3-mile radius of Provo Municipal Airport, excluding that airspace within 2.4 mile radius of the Spanish Fork-Springville Airport. This Class D airspace is effective during 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 Directory.

* * * * *

Issued in Los Angeles, California, on November 8, 2004.

Leonard A. Mobley,

Acting Area Director, Terminal Operations, Western Service Area.

[FR Doc. 04-25883  Filed 11-22-04; 8:45 am]

BILLING CODE 4910-13-M