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[Federal Register Volume 76, Number 142 (Monday, July 25, 2011)]
[Proposed Rules]
[Pages 44286-44287]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18662]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-102; Airspace Docket No. 11-ASO-39]

Proposed Amendment of Class E Airspace; Cleveland, MS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E Airspace at Cleveland, 

MS, as the Renova Non-Directional Beacon (NDB) has been decommissioned 

and new Standard Instrument Approach Procedures have been developed at 

Cleveland Municipal Airport. This action would enhance the safety and 

airspace management of Instrument Flight Rules (IFR) operations at the 

airport.

DATES: Comments must be received on or before September 8, 2011. The 

Director of the Federal Register approves this incorporation by 

reference action under title 1, Code of Federal Regulations, part 51, 

subject to the annual revision of FAA, Order 7400.9 and publication of 

conforming amendments.

ADDRESSES: Send comments on this rule to: U. S. Department of 

Transportation, Docket Operations, West Building Ground Floor, Room 

W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001; 

Telephone: 1-800-647-5527; Fax: 202-493-2251. You must identify the 

Docket Number FAA-2011-102; Airspace Docket No. 11-ASO-39, at the 

beginning of your comments. You may also submit and review received 

comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support 

Group, Eastern Service Center, Federal Aviation Administration, P.O. 

Box 20636, Atlanta, Georgia 30320; telephone (404) 305-6364.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    Interested persons are invited to comment on this rule 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 (FAA Docket No. 

FAA-2011-102; Airspace Docket No. 11-ASO-39) and be submitted in 

triplicate to the Docket Management System (see ADDRESSES section for 

address and phone number). You may also submit comments through the 

Internet at http://www.regulations.gov.

    Annotators wishing the FAA to acknowledge receipt of their comments 

on this action must submit with those comments a self-addressed stamped 

postcard on which the following statement is made: ``Comments to Docket 

No. FAA-2011-102; Airspace Docket No. 11-ASO-39.'' 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 from and 

comments submitted through http://www.regulations.gov. Recently 

published rulemaking documents can also be accessed through the FAA's 

Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.

    You may review the public docket containing the proposal, any 

comments received, and any final disposition in person in the Dockets 

Office (see the ADDRESSES section for address and phone number) between 

9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. An 

informal docket may also be examined during normal business hours at 

the office of the Eastern Service Center, Federal Aviation 

Administration, room 210, 1701 Columbia Avenue, College Park, Georgia 

30337.

[[Page 44287]]

    Persons interested in being placed on a mailing list for future 

NPRMs 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 Title 14, Code of Federal 

Regulations (14 CFR) part 71 to amend Class E airspace extending upward 

from 700 feet above the surface to support new standard instrument 

approach procedures developed at Cleveland Municipal Airport, 

Cleveland, MS. Airspace reconfiguration is necessary due to the 

decommissioning of the Renova NDB and cancellation of the NDB approach, 

and for continued safety and management of IFR operations at the 

airport.

    Class E airspace designations are published in Paragraph 6005 of 

FAA Order 7400.9U, dated August 18, 2010, and effective September 15, 

2010, which is incorporated by reference in 14 CFR 71.1. The Class E 

airspace designation listed in this document will 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 proposed rule, when promulgated, would not have a 

significant economic impact on a substantial number of small entities 

under the criteria of the Regulatory Flexibility Act.

    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 proposed rulemaking is promulgated under the authority 

described in Subtitle VII, Part, A, Subpart I, Section 40103. Under 

that section, the FAA is charged with prescribing regulations to assign 

the use of airspace necessary to ensure the safety of aircraft and the 

efficient use of airspace. This proposed regulation is within the scope 

of that authority as it would amend Class E airspace at Cleveland 

Municipal Airport, Cleveland, MS.

Lists 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, B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE 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, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal 

Aviation Administration Order 7400.9U, Airspace Designations and 

Reporting Points, dated August 18, 2010, effective September 15, 2010, 

is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700 

feet or more above the surface of the earth.

* * * * *

ASO MS E5 Cleveland, MS [Amended]

Cleveland Municipal Airport, MS

    (Lat. 33[deg] 45'40'' N., long. 90[deg] 45'28'' W.)

    That airspace extending upward from 700 feet above the surface 

within a 6.7-mile radius of the Cleveland Municipal Airport .

    Issued in College Park, Georgia, on July 14, 2011.

Mark D. Ward,

Manager, Operations Support Group, Eastern Service Center, Air Traffic 

Organization.

[FR Doc. 2011-18662 Filed 7-22-11; 8:45 am]

BILLING CODE 4910-13-P
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