Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67267

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;

AIRWAYS; 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; EO 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.

* * * * *

ASO KY E5 Covington, KY [Revised]

Covington, Cincinnati/Northern Kentucky

International Airport, KY

(Lat. 39°02′46′′ N, long. 84°39′44′′ W)

Cincinnati Municipal Airport-Lunken Field

(Lat. 39°06′12′′ N, long. 84°25′07′′ W)

Cincinnati NDB

(Lat. 39°09′33′′ N, long. 84°20′32′′ W)

Clermont County Airport, Batavia, OH

(Lat. 39°04′42′′ N, long. 84°12′37′′ W)

Cincinnati-Blue Ash Airport, OH

(Lat. 39°14′48′′ N, long. 84°23′20′′ W)

That airspace extending upward from 700

feet above the surface within a 10-mile radius

of Cincinnati/Northern Kentucky

International Airport, and within a 10.5-mile

radius of Cincinnati Airport-Lunken Field

and within 2.6 miles each side of the 044°

bearing from Cincinnati NDB and extending

from the 105-mile radius to 7.4 miles

northeast of the NDB, and within a 6.8-mile

radius of Clermont County Airport, Batavia,

OH, and within a 6.3-mile radius of

Cincinnati-Blue Ash Airport, OH.

* * * * *

Issued in College Park, Georgia, on

December 2, 1997.

Nancy B. Shelton,

Acting Manager, Air Traffic Division,

Southern Region.

[FR Doc. 97–33618 Filed 12–23–97; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97–ASO–15]

Amendment of Class E Airspace;

Birmingham, AL

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This amendment modifies the

Class E airspace area at Birmingham,

AL. A Global Positioning System (GPS)

Runway (RWY) 23 Standard Instrument

Approach Procedure (SIAP) has been

developed for Birmingham International

Airport. As a result, additional

controlled airspace extending upward

from 700 feet Above Ground Level

(AGL) is needed to accommodate the

SIAP and for Instrument Flight Rules

(IFR) operations at Birmingham

International Airport.

EFFECTIVE DATE: 0901 UTC, February 26,

1998.

FOR FURTHER INFORMATION CONTACT:

Nancy B. Shelton, Airspace Branch, Air

Traffic Division, Federal Aviation

Administration, P.O. Box 20636,

Atlanta, Georgia 30320; telephone (404)

305–5586.

SUPPLEMENTARY INFORMATION:

History

On October 17, 1997, the FAA

proposed to amend 14 CFR part 71 by

amending the Class E airspace at

Birmingham, AL (62 FR 53984). This

action would provide adequate Class E

airspace for IFR operations at

Birmingham International Airport.

Designations for Class E airspace

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 part 71.1. The Class E airspace

designation listed in this document will

be published subsequently in the Order.

Interested parties were invited to

participate in this rulemaking

proceeding by submitting written

comments on the proposal to the FAA.

No comments objecting to the proposal

were received.

The Rule

This amendment to 14 CFR part 71

modifies Class E airspace at

Birmingham, AL. A GPS RWY 23 SIAP

has been developed for Birmingham

International Airport. Additional

controlled airspace extending upward

from 700 fee AGL is needed to

accommodate this SIAP and for IFR

operations at Birmingham International

Airport.

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. 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 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;

AIRWAYS; 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; EO 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.

* * * * *

ASO FL E5 Birmingham, AL [Revised]

Birmingham International Airport, AL

Lat. 33°33′47′′ N, long. 86°45′24′′ W)

That airspace extending upward from 700

feet above the surface within a 10-mile radius

of Birmingham International Airport.

* * * * *
67268 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations

Issued in College Park, Georgia, on

December 2, 1997.

Nancy B. Shelton,

Acting Manager, Air Traffic Division,

Southern Region.

[FR Doc. 97–33620 Filed 12–23–97; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Airspace Docket No. 96–ASO–5]

RIN 2120–AA66

Amendment to Time of Designation for

Restricted Areas; GA

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action amends the time

of designation for Restricted Areas R–

3008A, R–3008B, R–3008C, and R–

3008D, Grand Bay Weapons Range, GA,

by expanding the time frame during

which the areas may be activated

without prior issuance of a Notice to

Airmen (NOTAM). The United States

Air Force (USAF) requested this

amendment to reflect its actual night

flying requirements.

EFFECTIVE DATE: 0901 UTC, February 26,

1998.

FOR FURTHER INFORMATION CONTACT: Paul

Gallant, Airspace and Rules Division,

ATA–400, Office of Air Traffic Airspace

Management, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone (202) 267–8783.

SUPPLEMENTARY INFORMATION:

Background

On August 30, 1996, the FAA

proposed to amend 14 CFR part 73 (part

73) to change the core hours of

designation for Restricted Areas R–

3008A, R–3008B, R–3008C, and R–

3008D, Grand Bay Weapons Range, GA,

from 0700–1900 local time, Monday–

Friday to 0700–2200 local time,

Monday–Friday (61 FR 45920).

Interested parties were invited to

participate in this rulemaking effort by

submitting written comments on the

proposal. Two comments were received

by the FAA, both objecting to the

proposal on the grounds that the change

would constitute an expansion of

military operations and a reduction of

access for civil airspace users.

Currently, the using agency has the

option of activating the restricted areas

at any time outside the existing ‘‘core

hours’’ of 0700–1900 local time,

provided a NOTAM is issued the

required 6 hours in advance. The

current published times, however, do

not adequately reflect the actual night

flying mission of the USAF 347th Wing.

This change is intended to better

accommodate the Wing’s actual night

flying requirements. No increase in the

use of the range is anticipated.

Therefore, the purpose of this rule is to

amend the time of designation to more

accurately indicate to the flying public

the actual use of the restricted areas. A

NOTAM will still be required in order

to activate the restricted areas between

the hours of 2200 and 0700 local time.

Despite this change, the restricted

areas will continue to be operated on a

real-time, joint-use basis with the

airspace being returned to the

controlling agency (Valdosta Approach

Control) and available for access by

nonparticipating aircraft during periods

when the restricted areas are not needed

by the using agency.

The Rule

This amendment to part 73 changes

the core hours of designation for

Restricted Areas R–3008A, R–3008B, R–

3008C, and R–3008D from 0700–1900

local time, Monday–Friday to 0700–

2200 local time, Monday–Friday. The

action expands, by three hours daily,

the ‘‘core hours’’ during which the

restricted areas may be activated

without prior issuance of a NOTAM. As

amended, a NOTAM will no longer be

required for activation of the restricted

areas between 1900 and 2200 local time.

The using agency currently has the

option of activating the restricted areas

between 1900 and 0700 local time

provided a NOTAM is issued the

required 6 hours in advance. However,

the 347th Wing’s night flying missions

using R–3008 routinely extend past

1900 local time, but are normally

terminated by 2200 local time. This

requires the daily issuance of NOTAM’s

to permit activation of the areas between

1900 and 2200. This amendment of the

time of designation will provide better

notice to the flying public of the routine

times of use of the restricted areas. A

NOTAM will still be required prior to

any usage between 2200 and 0700 local

time.

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 will not have

a significant economic impact on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

Section 73.30 of 14 CFR part 73 was

republished in FAA Order 7400.8E,

dated November 7, 1997.

Environmental Review

The USAF prepared an

Environmental Assessment (EA) and an

Environmental Impact Statement (EIS)

of the composite wing beddown at

Moody AFB, Georgia. The EA and EIS

studied the impact of aircraft operations

during both day (0700–2200) and night

(2200–0700) time frames, including the

use of R–3008A, R–3008B, R–3008C,

and R–3008D. The USAF’s record of

decision to base the composite wing at

Moody AFB took into account the use

of R–3008 between 1900 and 2200, and

concluded that use of the restricted

areas during this time frame did not

constitute a significant impact. The

utilization figures for this amendment

are the same as those used in the EIS for

the beddown. Based on the results of the

EA and EIS accomplished for the

composite wing beddown, the USAF

determined that this amendment to the

restricted area time of designation

qualifies for a categorical exclusion. The

FAA has reviewed the USAF’s

environmental documentation and

concludes that this action is

categorically excluded in accordance

with FAA Order 1050.1D and the FAA/

DOD Memorandum of Understanding of

1989 regarding Special Use Airspace

actions.

List of Subjects in 14 CFR Part 73

Airspace, Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 73, as follows:

PART 73—SPECIAL USE AIRSPACE

1. The authority citation for part 73

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.

§ 73.30 [Amended]

2. § 73.30 is amended as follows:

* * * * *