[Federal Register Volume 60, Number 95 (Wednesday, May 17, 1995)]
[Proposed Rules]
[Pages 26384-26385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12157]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 95-ANE-23]


Proposed Establishment of Class E Airspace; Portland, ME

agency: Federal Aviation Administration (FAA), DOT.

action: Notice of proposed rulemaking.

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summary: This proposed rule would establish Class E airspace at 
Portland International Jetport, Portland, Maine, that coincides with 
the hours that the associated radar approach control facility is not in 
operation. Since the Portland Class C airspace is predicated on an 
operational air traffic control tower (ATCT) serviced by a radar 
control approach facility (TRACON), Class E airspace must be defined 
for the hours when that facility is not in operation. This proposal 
would not change the designated boundaries or altitudes of the Portland 
Class C airspace, but only establish the necessary Class E airspace to 
provide sufficient controlled airspace for those aircraft operating 
under instrument flight rules during the hours when the Portland ATCT 
and TRACON are not in operation.

dates: Comments must be received on or before June 16, 1995.

addresses: Send comments on the proposal in triplicate to: Manager, 
System Management Branch, ANE-530, Federal Aviation Administration, 12 
New England Executive Park, Burlington, MA 01803-5299; telephone (617) 
238-7530; fax (617) 238-7596.
    The official docket may be examined in the Office of the Assistant 
Chief Counsel for the New England Region, ANE-7, 12 New England 
Executive Park, Burlington, MA 01803-5299; telephone (617) 238-7049; 
fax (617) 238-7055.
    An informal docket may also be examined during normal business 
hours in the Office of the Manager, System Management Branch, Air 
Traffic Division, ANE-530, at the first address shown above.

[[Page 26385]] for further information contact: Karl D. Anderson, 
System Management Branch, ANE-530, Federal Aviation Administration, 12 
New England Executive Park, Burlington, MA 01803-5299; telephone (617) 
238-7533; fax (617) 238-7596.

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, aeronautical, 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.
    Commentators 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: 
``Comment to Airspace Docket No. 95-ANE-23.'' The postcard will be 
date/time stamped and returned to the commeter. All communications 
received on or 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 comments received. 
All comments submitted will be available for examination in the System 
Management Branch, Air Traffic Division, at 12 New England Executive 
Park, Burlington, MA 02108-5299, both before and after the closing date 
for comments. A report summarizing each substantive public contact with 
FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRM's

    Any person may obtain a copy of this Notice of Proposed Rulemaking 
(NPRM) by submitting a request to the Federal Aviation Administration, 
System Management Branch, Air Traffic Division, 12 New England 
Executive Park, Burlington, MA 02108-5299. Communications must identify 
the notice number of this NPRM. Persons interested in being placed on a 
mailing list for future NPRM's 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 establish Class E airspace at 
Portland International Jetport, Portland, Maine. The current Portland, 
ME Class C airspace area is predicated on continuous operation and 
availability of the Portland air traffic control tower (ATCT) and the 
associated radar control approach facility (TRACON). Since this 
facility does not operate continuously, Class E airspace is needed to 
provide sufficient controlled airspace for those aircraft operating 
under instrument flight rules (IFR) during the hours when the Portland 
ATCT and TRACON are not in operation. This proposal would not change 
the designated boundaries or altitudes of the Portland Class C 
airspace. Class E surface airspace areas are published in Paragraph 
6002 of FAA Order 7400.9B, dated July 18, 1994, and effective September 
16, 1994, which is incorporated by reference in 14 CFR 71.1. The Calss 
E airspace designation listed in this document would be published 
subsequently in the Order.
    The FAA has determined that this proposed regulation involves only 
an established body of technical regulations for which frequent and 
routine amendments are necessary to keep these regulations 
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 economic cost will be so 
minimal. Since this is a routine matter that will only affect air 
traffic procedures and air navigation, the FAA certifies 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).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposed 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. app. 1348(a), 1354(a), 1510; E.O. 10854, 24 
FR 9565, 3 CFR, 1959-1963, Comp., p. 389; 49 U.S.C. 106(g); 14 CFR 
11.69.


Sec. 71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9B, Airspace Designations and 
Reporting Points, dated July 18, 1994, and effective September 16, 
1994, is amended as follows:
* * * * *
Paragraph 6002  Class E Airspace Areas Designated as a Surface Area 
for an Airport
* * * * *

ANE ME E2 Portland International Jetport, ME [New]

Portland International Jetport, ME
    (Lat. 43 deg.38'46'' N, long. 70 deg.18'31'' W)

    Within a 5-mile radius of the Portland International Jetport. 
This Class E airspace area is effective during the specific dates 
and times established in advance by a Notice to Airman. The 
effective dates and times will thereafter be continuously published 
in the Airport/Facility Directory.
* * * * *
    Issued in Burlington, Massachusetts, On May 8, 1995
John J. Boyce,
Acting Manager, Air Traffic Division, New England Region.
[FR Doc. 95-12157 Filed 5-16-95; 8:45 am]
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