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###### Department of Transportation

###### Federal Aviation Administration 

          - 14 CFR Part 71 
          - [Docket No. FAA-2007-28101; Airspace Docket 07-ASO-9] 

# AGENCY:

Federal Aviation Administration (FAA), DOT. 

# ACTION:

Notice of proposed rulemaking. 

# SUMMARY:

This notice proposes to establish Class E2 airspace at Vero Beach, FL. 

As a result of an evaluation, it has been determined Class E Airspace Designated as Surface Areas should be established for Vero Beach Municipal Airport. Miami Air Route Traffic Control Center has communications capabilities and weather observation reporting when the Vero Beach tower is closed. Therefore, the airport will meet criteria for Class E2 airspace. Class E2 surface area airspace is required when the control tower is closed to contain Standard Instrument Approach Procedures (SIAPs) and other Instrument Flight Rules (IFR) operations at the airport. This action would establish Class E2 airspace extending upward from the surface to and including 2,500 feet MSL within a 4.2-mile radius of the airport and within 3.2 miles each side of the 261° bearing from the Vero Beach Nondirectional Radio Beacon (NDB) extending from the 4.2 mile radius of the Vero Beach Municipal Airport to 7 miles west of the NDB. 

# DATES:

Comments must be received on or before June 21, 2007. 

# ADDRESSES:

                        Send comments on this proposal 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-2007-28101/Airspace Docket No. 07-ASO-9, 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 in 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 on the plaza level of the Department of Transportation NASSIF Building at the above address.                     

An informal docket may also be examined during normal business hours at the office of the Regional Air Traffic Division, Federal Aviation Administration, Room 550, 1701 Columbia Avenue, College Park, Georgia 30337. 

# FOR FURTHER INFORMATION CONTACT:

Mark D. Ward, Manager, System Support,  Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305-5627. 

# SUPPLEMENTARY INFORMATION:

## Comments Invited 

Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal.  Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2007-28101/Airspace Docket No. 07-ASO-9.” The postcard will be date/time stamped and returned to the commenter. All communications received before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this notice may be changed in light of the comments received. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket. 

## Availability of NPRMs 

                    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 at                     *http://www.faa.gov*                     or the Superintendent of Document's web page at                     *http://www.access.gpo.gov/​nara.*                     Additionally, any person may obtain a copy of this notice 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.  Communications must identify both docket numbers for this notice. Persons interested in being placed on a mailing list for future NPRM's 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 procedure.                 

## The Proposal 

                    The FAA is considering an amendment to Part 71 of the Federal Aviation Regulations (14 CFR Part 71) to establish Class E2 airspace at Vero Beach, FL. Class E Airspace Designations as Surface Areas are published in Paragraph 6002 of FAA Order 7400.9P, dated September 16, 2006, and effective September 16, 2006, which is incorporated by reference in 14 CFR 71.1. The Class E2 airspace designation listed in this document                           ( print page 28624)                        would be published subsequently in the Order.                 

The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore, (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)

## The Proposed Amendment 

In consideration of the foregoing, the Federal Aviation Administration proposes to amend 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 part 71 continues to read as follows: 

Authority:49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, CFR, 1959-1963 Comp., p. 389. 

§ 71.1 

2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9P, Airspace Designations and Reporting Points, dated September 16, 2006 and effective September 16, 2006, is amended as follows: 

### Paragraph 6002 Class E airspace designated as surface areas. 

* * * * *

## ASO FL E2 Vero Beach, FL [NEW] 

Vero Beach Municipal Airport, FL 

(Lat. 27°39′20″ N., long. 80°25′05″ W.) 

Vero Beach NDB 

(Lat. 27°39′51″ N., long. 80°25′10″ W.)

That airspace extending upward from the surface to and including 2,500 feet MSL within 4.2 mile radius of Vero Beach Municipal Airport and within 3.2 miles each side of the 261° bearing from the Vero Beach NDB extending from the 4.2 mile radius of the Vero Beach Municipal Airport to 7 miles west of the NDB. This Class E airspace area is effective during the specific days and times established in advance by a Notice to Airmen. The effective days and times will thereafter be continuously published in the Airport/Facility Directory. 

* * * * *

Issued in College Park, Georgia, on May 9, 2007. 

Barry Knight, 

Acting Group Manager, System Support Group, Eastern Service Center. 

[FR Doc. 07-2511  Filed 5-21-07; 8:45 am]

BILLING CODE 4910-13-M