Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Proposed Rules 53995

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97–AEA–41]

Proposed Amendment to Class E

Airspace; York, PA

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This proposed rule would

amend the Class E airspace area at York,

PA. The development of a new Standard

Instrument Approach Procedure (SIAP)

based on the Global Positioning System

(GPS), and amendments to existing

SIAPs at York Airport has made this

proposal necessary. Additional

controlled airspace extending upward

from 700 feet Above Ground Level

(AGL) is needed to accommodate the

SIAPs and for Instrument Flight Rules

(IFR) operations at the airport.

DATES: Comments must be received on

or before November 17, 1997.

ADDRESSES: Send comments on the

proposal in triplicate to: Manager,

Airspace Branch, AEA–520, Docket No.

97–AEA–41, F.A.A. Eastern Region,

Federal Building #111, John F. Kennedy

Int’l Airport, Jamaica, NY 11430.

The official docket may be examined

in the Office of the Assistant Chief

Counsel, AEA–7, F.A.A. Eastern Region,

Federal Building #111, John F. Kennedy

International Airport, Jamaica, New

York 11430.

An informal docket may also be

examined during normal business hours

in the Airspace Branch, Airspace

Branch, AEA–520, F.A.A. Eastern

Region, Federal Building #111, John F.

Kennedy International Airport, Jamaica,

NY 11430.

FOR FURTHER INFORMATION CONTACT: Mr.

Francis T. Jordan, Jr., Airspace

Specialist, Airspace Branch, AEA–520

F.A.A. Eastern Region, Federal Building

#111, John F. Kennedy International

Airport, Jamaica, New York 11430;

telephone (718) 553–4521.

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, economic, environmental,

and energy-related aspects of the

proposal. Communications should

identify the airspace docket number 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 Airspace Docket No. 97–

AEA–41.’’ The postcard will be date/

time stamped and returned to the

commenter. All communications

received on or before the 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 comments

received. All comments submitted will

be available for examination in the

Rules Docket both before and after the

closing date for comments. A report

summarizing each substantive public

contact with the FAA pesonnel

concerned with this rulemaking will be

filed in the docket.

Availability of NPRMs

Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Office of

the Assistant Chief Counsel, AEA–7,

F.A.A. Eastern Region, Federal Building

#111, John F. Kennedy International

Airport, Jamaica, NY 11430.

Communications must identify the

notice number of this NPRM. Persons

interested in being placed on a mailing

list for future NPRMs should also

request a copy of Advisory Circular No.

11–2A, 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

amend the Class E airspace area at York,

PA. A GPS RWY 17 SIAP has been

developed, and the GPS RWY 35 SIAP

and the NDB RWY 17 SIAP have been

amended for the York Airport.

Additional controlled airspace

extending upward from 700 feet AGL is

needed to accommodate the SIAPs and

for IFR operations at the airport. Class

E airspace designations for airspace

areas extending upward from 700 feet or

more above the surface of the earth are

published in Paragraph 6005 of FAA

Order 7400.9E, dated September 10,

1997, and effective September 16, 1997,

which is incorporated by reference in 14

CFR 71.1. The Class E airspace

designation listed in this document

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.

Therefore, this proposed 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 would only affect air

traffic procedures and air navigation, it

is certified that this proposed rule

would 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

In consideration of the foregoing, the

Federal Aviation Administration

proposes to amend 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.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of Federal Aviation

Administration Order 7400.9E, Airspace

Designations and Reporting Points,

dated September 10, 1997, and effective

September 16, 1997, is amended as

follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

AEA PA E5 York, PA [Revised]

York Airport, PA

(Lat. 39°55′05′′N., long. 76°52′26′′W.)

York NDB

(Lat. 39°55′12′′N., long. 76°52′39′′W.)

That airspace extending upward from 700

feet above the surface within a 6.5-mile

radius of York Airport and within 4 miles

each side of the 155° bearing from the York

Airport extending from the 6.5-mile radius to

11 miles southeast of the airport and 4 miles

west and 6 miles east of the 339° bearing

from the York NDB extending from the 6.5-

mile radius to 11 miles north of the NDB,

excluding that portion that coincides with

the Harrisburg, PA, Class E airspace area.

* * * * *
53996 Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Proposed Rules

Issued in Jamaica, New York, on

September 16, 1997.

Franklin D. Hatfield,

Manager, Air Traffic Division, Eastern Region.

[FR Doc. 97–27397 Filed 10–16–97; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 901

[SPATS No. AL–067–FOR]

Alabama Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed Rule; Reopening and

Extension of Public Comment Period on

Proposed Amendment.

SUMMARY: OSM is announcing receipt of

revisions pertaining to a previously

proposed amendment to the Alabama

regulatory program (hereinafter referred

to as the ‘‘Alabama program’’) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

revisions for Alabama’s proposed rules

pertain to Rule 880–X–5A–.22, Orders

and Decisions; and Rules 880–X–10C–

.40 and 880–X–10D–.36, Coal Mine

Waste: Refuse Piles (Surface Mining

Activities and Underground Mining

Activities, respectively). The

amendment is intended to provide

additional safeguards, clarify

ambiguities, and improve operational

efficiency.

DATES: Written comments must be

received by 4:00 p.m., c.d.t., November

3, 1997.

ADDRESSES: Written comments should

be mailed or hand delivered to Arthur

W. Abbs, Director, Birmingham Field

Office at the address listed below.

Copies of the Alabama program, the

proposed amendment, and all written

comments received in response to this

document will be available for public

review at the addresses listed below

during normal business hours, Monday

through Friday, excluding holidays.

Each requester may receive one free

copy of the proposed amendment by

contacting OSM’s Birmingham Field

Office.

Arthur W. Abbs, Director, Birmingham

Field Office, Office of Surface Mining

Reclamation and Enforcement, 135

Gemini Circle, Suite 215, Homewood,

Alabama 35209, Telephone: (205)

290–7282.

Alabama Surface Mining Commission,

1811 Second Avenue, P.O. Box 2390,

Jasper, Alabama 35502–2390,

Telephone (205) 221–4130.

FOR FURTHER INFORMATION CONTACT:

Arthur W. Abbs, Director, Birmingham

Field Office, Telephone: (205) 290–

7282.

SUPPLEMENTARY INFORMATION:

I. Background on the Alabama Program

On May 20, 1982, the Secretary of the

Interior conditionally approved the

Alabama program. Background

information on the Alabama program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval can be found in

the May 20, 1982, Federal Register (47

FR 22062). Subsequent actions

concerning the conditions of approval

and program amendments can be found

at 30 CFR 901.15 and 901.16.

II. Discussion of the Proposed

Amendment

By letter dated March 28, 1997,

(Administrative Record No. AL–0562),

Alabama submitted a proposed

amendment to its program pursuant to

SMCRA. Alabama submitted the

proposed amendment at its own

initiative. The provisions of the

Alabama Surface Mining Commission

Rules that Alabama proposes to amend

are: Rule 88–X–5A–.22, Orders and

Decisions; Rule 880–X6A–.06, License

Application Requirements; Rule 880–X–

7B–.07, Procedures for Permit

Application Review; Rule 880–X–9E–

.05, Determination of Forfeiture

Amount; Rule 880–X–10C–.23,

Hydrologic Balance: Surface and

Ground Water Monitoring; Rule 880–X–

10C–.36, Disposal of Excess Spoil

(Surface Mining Activities); Rule 880–

X–10C–.38, Coal Mine Waste: General

Requirements (Surface Mining

Activities); Rule 880–X–10C–.40, Coal

Mine Waste: Refuse Piles (Surface

Mining Activities); Rule 880–X–10D–

.33, Disposal of Excess Spoil and

Underground Development Waste

(Underground Mining Activities); Rule

880–X–10D–.34, Coal Mine Waste:

General Requirements (Underground

Mining Activities); and Rule 880–X–

10D–.36, Coal Mine Waste: Refuse Piles

(Underground Mining Activities).

OSM announced receipt of the

proposed amendment in the April 25,

1997, Federal Register (62 FR 20138)

and invited public comment on its

adequacy. The public comment period

ended May 27, 1997.

During its review of the amendment,

OSM identified concerns relating to

Rule 880–X–5A–.22, Orders and

Decisions; Rule 880–X–10C–.40, Coal

Mine Waste: Refuse Piles (Surface

Mining Activities); and Rule 880–X–

10D–.36, Coal Mine Waste: Refuse Piles

(Underground Mining Activities). On

June 16, 1997, OSM notified Alabama of

the concerns by telephone and by fax

(Administrative Record No. AL–0572).

Alabama responded in a letter dated

July 30, 1997, (Administrative Record

No. AL–0572) by submitting a revision

to the amendment and additional

explanatory information.

Alabama proposes revisions to Rule

880–X–5A–.22, Orders and Decisions;

Rule 880–X–10C–.40, Coal Mine Waste:

Refuse Piles (Surface Mining Activities);

and Rule 880–X–10D–.36, Coal Mine

Waste: Refuse Piles (Underground

Mining Activities).

Specifically, Alabama proposes at

Rule 880–X–5A–.22, Orders and

Decisions, to change from 60 days to 30

days the time in which the hearing

officer must make a written decision

after the close of any hearing. For Rule

880–X–10C–.40, Coal Mine Waste:

Refuse Piles (Surface Mining Activities)

and Rule 880–X–10D–.36, Coal Mine

Waste: Refuse Piles (Underground

Mining Activities), Alabama proposes to

issue a policy statement clarifying that

the phrase ‘‘safety factor’’ means ‘‘static

safety factor.’’

III. Public Comment Procedures

OSM is reopening the comment

period on the proposed Alabama

program amendment to provide the

public an opportunity to reconsider the

adequacy of the proposed amendment

in light of the additional materials

submitted. In accordance with the

provisions of 30 CFR 732.17(h), OSM is

seeking comments on whether the

proposed amendment satisfies the

applicable program approval criteria of

30 CFR 732.15. If the amendment is

deemed adequate, it will become part of

the Alabama program.

Written Comments

Written comments should be specific,

pertain only to the issues proposed in

this rulemaking, and include

explanations in support of the

commenter’s recommendations.

Comments received after the time

indicated under DATES or at locations

other than the Birmingham Field Office

will not necessarily be considered in the

final rulemaking or included in the

Administrative Record.

IV. Procedural Determinations

Executive Order 12866

This proposed rule is exempted from

review by the Office of Management and

Budget (OMB) under Executive Order

12866 (Regulatory Planning and

Review).