1 Before the FEDERAL AVIATION ADMINISTRATION

Washington, D.C. 20590

In the Matter of: ) ) Control Tower Closure ) Docket No. FAA 2013

- 0001

-

____ Amendments to Airspace ) Classifications )

To the Administrator:

PETITION FOR RULEMAKING

COMES NOW the Petitioner, JAMES EDWIN WHEDBEE, who pursuant to Sections

11.17, 11.39(c), and 11.61(a) of the rules and regulations of the Federal Aviation Administration

[14 C.F.R. §§ 11.17, 11.39(c), and 11 .61(a)], respectfully requests the Administrator amend Part

71, Subpart E of the rules and regulations to accommodate tower closures and associated air

traffic safety , and pendin g approval hereof, that a Notice to Airman (NOTAM) be issued by the

Administrator granting the relief sought in connection herewith . As good cause for his Petition

for Rulemaking, Petitioner states the following particulars.

1. INFORMATION ABOUT THE PETITIONER. The Petitioner is a citizen of the

United States of America, of lawful age, residing at: 5816 NE Butto nwood Tree Lane,

Gladstone, Missouri 64119 (Clay County, Missouri). This address is near the New

Century (IXD) Airport in Johnson County, Kansas. The New Century (IXD) Airport’s

tower is being closed in connection with federal budget sequestrations; accor dingly, the2

Petitioner is an interested party for the purposes of this Petition with standing to file

same.

2. PROPOSED ACTION AND PURPOSE. Tower closures made to accommodate

federal budget sequestrations change the routine daily operation of airspace in and around

heretofore previously towered airports. In the case of some tower closures (IXD),

airspace previously designated by the Federal Aviation Administration (FAA) as Class D

airspace reverts to Clas s G airspace, in accordance with the airport facilitie s directories

used by airmen. Because the demands on airspace have not changed, this reversion to

Class G airspace during peak operating times could result in unforeseen consequences to

airmen, aircraft, air traffic control, and the general public. Theref ore, the undersigned

Petitioner proposes two (2) actions be taken by the Administrator as soon as practical

before April 7, 2013. First, the Petitioner asks the Administrator to issue a Notice to

Airman (NOTAM) in essence granting the relief sought by the proposed rule. Second,

the Petitioner proposes a new rule ( § 7 1

. 7 3 ) , in amendment of Title 14, Code of Federal

Regulations, Part 71, Subpart E
, w h i c h h a s f o r it s i n t e n t t h e c r e a t i o n o f “ R e p l a c e m e n t

S u r f a c e C l a s s E A i r s p a c e , ” w it h d i m e n s i o n s e q u i v a l e n t t o t h e C l a s s D a i r s p a c e i t

r e p l a c e s

.

3. LANGUAGE OF THE PROPOSED RULE: The proposed rule, 14 C.F.R. § 71.73,

reads as follows:

“ ‘Temporary and Budgetary To wer Closures. ’ (a) This rule is in effect

w henever Class D airspace area s designated for an airport revert to Class3 G airspace at times or on dates other than when published in Subpart D of FAA Order 7400.9V (incorporated by reference, see § 71.1), as well as areas designated for an airport which revert to Class E airspace differing in dimensions from the Class D airspace area being replaced by this rule. (b) Instead of a Class D airspace area designated for an airport reverting
to Class G, the airsp ace is a surface Class E airspace area designated for an airport (‘replacement surface Class E airspace’) . (c) The surface Class E airspace area created by operation of subsection (b) shall have the same functional dimensions over the airport and airspace as the Class D airspace area it replaces. (d) During periods published in Subpart D of FAA Order 7400.9V (incorporated by reference, see § 71.1) the Class D airspace area over an airport would revert to Class G airspace, the replacement surface Class E air space area shall revert to Class G airspace. (e) This rule remains in effect during the period of a tower closure at an otherwise towered airport , except when the tower closure is permanent

. (f) This rule also includes airspace affected by tower closures

a t an otherwise towered airport which revert to Class E to the extent necessary that all the Class D airspace area is replaced by surface Class E airspace (i.e., to 2,500 feet above ground level within a 5 nautical mile radius ). (g) Each person operating an aircraft in replacement surface Class E airspace shall have on and in operation two

- way radio communications equipment meeting the requirements for § 91.129(c) of these rules, except that announcements and communications shall be between aircraft on the f requency otherwise designated for communication with the tower. (h) Except for subsection (g) of this rule, any person operating in replacement surface Class E airspace areas shall comply with § 91.129 of these rules. ”

Petitioner is not particular about the language of the rule, provided the effect remains the

same; accordingly, Petitioner requests the Administrator adjust such language to give full

effect to the proposed rule if the Administrator deems this necessary

.

4. CIRCUMSTANCES REQUIRING THE PROPOS ED ACTION(S) BE TAKEN.

The Administrator has been required to close 149 contract towers due to budget

sequestrations imposed by Congress. The aviation community believes these tower

closures ha ve a negative overall impact on aviation as well as public sa fety. These tower

closures will result in the reversions of Class D airspace to Class G (uncontrolled)4

airspace or Class E airspace with significantly different dimensions (surface Class E

extends to 700 or 1,200 feet above ground level in most cases inst ead of the 2,500 feet

above ground level afforded by Class D airspace). To minimize the impact of tower

closures and increase safety thresholds, the Petitioner believes replacing Class D airspace

areas with Class E airspace areas having the same correspon ding dimensions and

functionality (apart from the tower itself) will enhance air traffic and public safety. It is

possible future tower closures might occur, and no end date is known for the current

situation; accordingly, the proposed rule has utility in to the foreseeable future.

WHEREFORE, Petitioner respectfully prays the Administrator’s Order: (1) adopting the

aforesaid rule, and (2) issuing as quickly as practical the NOTAM requested in connection with

the aforesaid rule, and for such other and furt her relief as shall give full effect to and grant the

relief prayed for hereinabove.

Respectfully Submitted:

March 23, 2013 JAMES EDWIN WHEDBEE 5816 NE Buttonwood Tree Ln. Gladstone, MO 64119

- 2236 PETITIONER