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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 pending 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 Buttonwood 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; accordingly, the 
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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 Class G airspace, in accordance with the airport facilities 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. Therefore, 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 (§71.73), in amendment of Title 14, Code of Federal 

Regulations, Part 71, Subpart E, which has for its intent the creation of “Replacement

Surface Class E Airspace,” with dimensions equivalent to the Class D airspace it

replaces.

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

reads as follows: 

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

whenever Class D airspace areas designated for an airport revert to Class 
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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 airspace 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 airspace 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 

at 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 frequency 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 PROPOSED 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 have a negative overall impact on aviation as well as public safety. These tower 

closures will result in the reversions of Class D airspace to Class G (uncontrolled) 
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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 instead 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 corresponding 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 into 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 further 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