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 No. FAA-2004-19601]

# AGENCY:

Federal Aviation Administration (FAA), DOT. 

# ACTION:

Direct final rule; request for comments.

# SUMMARY:

This action revises the Class D airspace area at Springfield/Chicopee, Westover AFB, MA (KCEF) to revise the Airport Reference Point (ARP) and provide for adequate controlled airspace for those aircraft circling to land. 

# DATES:

Effective 0901 UTC, January 20, 2005.

Comments for  inclusion in the Rules Docket must be received on or before January 5, 2005.

# ADDRESSES:

                        Send comments on the rule to the Docket Management System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., Washington, DC 20590-0001.  You must identify the docket number, FAA-2004-19601/Airspace Docket No. 04-ANE-33, at the beginning of your comments.  You may also submit comments on the Internet at                         *http://dms.dot.gov.*                         You may review the public docket containing the proposal, any comments received, and any final disposition in person at the Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.  The Docket Office (telephone 1-800-647-5527) is located on the plaza level of the department of Transportation NASSIF Building at the street address stated above.                     

An informal docket may also be examined during normal business hours at the office of the Eastern Flight Service Area, New England Region Office, Federal Aviation Administration, 12 New  England Executive Park, Burlington, MA 01803-5299.  Call the Manager, Operations Support Branch, ANE-530, telephone (781) 238-7530; fax (781) 238-7596, to make prior arrangements for your visit.

# FOR FURTHER INFORMATION CONTACT:

Jon T. Harris, Eastern Flight Service Area, Operations Support Branch, ANE-530, Federal Aviation Administration, 12 New England Executive Park, Burlington, MA 01803-5299; telephone (781) 238-7530 fax (781) 238-7596.

# SUPPLEMENTARY INFORMATION:

Westover AFB has competed a new airport survey and established a new Airport Reference Point (ARP).  In addition, this action increases the class D airspace radius to provide additional controlled airspace for those aircraft using category E circling minima for instrument procedures.  Class D airspace designations for airspace areas extending upward from the surface are published in paragraph 5000 of FAA Order 7400.9M, dated August 30, 2004, and effective September 16, 2004, which is incorporated by reference in 14 CFR 71.1.  The Class D 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 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 persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire.  Communications must identify both docket numbers.   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 support 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. 

## 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 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                           ( print page 70372)                        number of small entities under the criteria of the Regulatory Flexibility Act.                

## Authority for This Rulemaking

The FAA's authority to issue rules regarding aviation safety is found in title 49 of the United States Code. Subtitle I, section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority.

This rulemaking is promulgated under the authority described in subtitle VII, part A, subpart I, section 40103, Sovereignty and use of airspace. Under that section, the FAA is charged with issuing regulations to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority since it defines controlled airspace in the vicinity of the Westover AFB to ensure the safety of aircraft operating near that airport and the efficient use of that airspace.

# 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 7400.9M, Airspace Designations and Reporting Points, dated August 30, 2004, and effective September 16, 2004, is amended as follows:

### Paragraph 5000 Class D Airspace.

* * * * *

## ANE MA D Springfield/Chicopee, MA [Revised]

Springfield/Chicopee, Westover AFB, MA

(Lat. 42°11′38″ N, long. 72°32′05″ W)

That airspace extending upward from the surface to and including 2,700 feet MSL within 5.7-mile radius of Westover AFB. This Class D airspace is effective during the specific dates and times established in advance by a Notice to Airman. The effective date and time will thereafter be continuously published in the Airport/Facility Directory.

* * * * *

Issued in Burlington, MA, on November 18, 2004.

William C. Yuknewicz,

Director of Operations, Eastern Flight Service Area.

[FR Doc. 04-26750  Filed 12-3-04; 8:45 am]

BILLING CODE 4910-13-M