Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 71
          - [Airspace Docket No. 01-AEA-01FR]

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Final rule 

# SUMMARY:

This action established Class E airspace at Hagerstown, MD. Controlled airspace extending upward from the surface is needed to accommodate operations under Instrument Flight Rules (IFR) at the airport when the Air Traffic Control Tower (ATCT) is not in operation.

# EFFECTIVE DATE:

0901 UTC July 12, 2001.

# FOR FURTHER INFORMATION CONTACT:

Mr. Francis Jordan, Airspace Specialist, Airspace Branch, AEA-520, Air Traffic Division, Eastern Region, Federal Aviation Administration, 1 Aviation Plaza, Jamaica, New York 11434-4809, telephone: (718) 553-4521.

# SUPPLEMENTARY INFORMATION:

## History

                    On February 28, 2001, a document proposing to amend Part 71 of the Federal Aviation Regulations (14 CFR part 71) by establishing Class E airspace extending upward from the surface to and including 3200 feet MSL within a 4.1 mile radius of Washington County Regional Airport was published in the                     **Federal Register**                     (66 FR 12741-12742). This Class E2 airspace area is effective during the specific dates and times when the Class D airspace is not in effect.                

Interested parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA on or before March 30, 2001. No comments to the proposal were received. The rule is adopted as proposed.

The coordinates for this airspace docket are based on North American Datum 83.

Class E airspace areas designations for airspace extending upward from the surface of the earth are published in paragraph 6002 of FAA Order 7400.9H, dated September 1, 2000 and effective September 16, 2000, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation based in this document will be amended in the order.

## The Rule

This amendment to Part 71 of the Federal Aviation Regulations (14 CFR part 71) provides controlled Class E airspace extending upward from the surface for aircraft conducting IFR operations at the Washington County Regional Airport, Hagerstown, MD at times when the ATCT is closed.

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 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—[AMENDED]

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

The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9H, Airspace Designations and Reporting Points, dated September 1, 2000, and effective September 16, 2000, is amended as follows:

### Paragraph 6002 Class E Airspace Areas extending upward from the surface of the earth

* * * * *

## AEA MD E2 Hagerstown, MD

Washington County Regional Airport, Hagerstown, MD.

(Lat. 39°42′28″ N/long.77° 43′46″ W)

That airspace extending upward from the surface to and including 3,200 feet MSL within a 4.1 mile radius of Washington County Regional Airport. This Class E2 area is effective during the specific dates and time when the Class D airspace is not in effect.

* * * * *

Issued in Jamaica, New York, on May 15, 2001.

F.D. Hatfield,

Manager, Air Traffic Division, Eastern Region.

[FR Doc. 01-13312 Filed 5-25-01; 8:45 am]

BILLING CODE 4910-13-M