[Federal Register Volume 70, Number 171 (Tuesday, September 6, 2005)]
[Rules and Regulations]
[Pages 52903-52904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17571]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2005-21256; Airspace Docket No. 05-AGL-04]


Establishment of Class D Airspace; Eau Claire, WI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This document establishes Class D airspace at Eau Clair, WI. A 
control tower is currently under construction at Chippewa Valley 
Regional Airport. Controlled airspace extending upward from the surface 
is required when the control tower is operational. This action 
establishes a radius of controlled airspace for Eau Clair, WI.

DATES: Effective 0901 UTC, October 27, 2005. Comments must be received 
on or before October 10, 2005.

ADDRESSES: Send comments on the proposal to the Docket Management 
System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh 
Street, SW., Washington, DC 20590-0001. You must identify the docket 
Number FAA-2005-21256/Airspace Docket No. 05-AGL-04, at the beginning 
of your comments. You may also submit comments on the internet at 
http://dms.dot.gov. You may review the public docket containing the 
proposal, any comments received, and any final disposition in person in 
the Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Office (telephone 1-800-647-5527) 
is on the plaza level

[[Page 52904]]

of the Department of Transportation NASSIF Building at the above 
address.
    An informal docket may also be examined during normal business 
hours at FAA Terminal Operations, Central Service Office, 2300 East 
Devon Avenue, Des Plaines, Illinois 60018.

FOR FURTHER INFORMATION CONTACT: Steve Davis, FAA Terminal Operations, 
Central Service Office, Airspace and Procedures Branch, AGL-530, 
Federal Aviation Administration, 2300 East Devon Avenue, Des Plaines, 
Illinois 60018, telephone (847) 294-7131, or David Sapadin (847) 294-
7477.

SUPPLEMENTARY INFORMATION: This amendment to 14 CFR part 71 establishes 
Class D airspace at Eau Clair, WI, to accommodate aircraft operating 
into and out of Chippewa Valley Regional Airport. The area will be 
depicted on appropriate aeronautical charts. Class D airspace 
designations are published in Paragraph 5000 of FAA Order 7400.9M, 
dated August 30, 2004, and effective September 16, 2004, which is 
incorporated by reference in 14 CFR Sec. 71.1. The Class D airspace 
designation listed in this document will be published subsequently in 
the order.

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse 
or negative comment and therefore is issuing it as a direct final rule. 
A substantial number of previous opportunities provided to the public 
to comment on substantially identical actions have resulted in 
negligible adverse comments or objections. Unless a written adverse or 
negative comment, or a written notice of intent to submit an adverse or 
negative comment is received within the comment period, the regulation 
will become effective on the date specified above. After the close of 
the comment period, the FAA will publish a document in the Federal 
Register indicating that no adverse or negative comments were received 
and confirming the date on which the final rule will become effective. 
If the FAA does receive, within the comment period, an adverse or 
negative comment, or written notice of intent to submit such a comment, 
a document will be published in Federal Register. This document may 
withdraw the direct final rule in whole or in part. After considering 
the adverse or negative comment, we may publish another direct final 
rule or publish a notice of proposed rulemaking with a new comment 
period.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by a notice of proposed rulemaking, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments, as they may desire. 
Communications should identify the Rules Docket number and be submitted 
to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended or withdrawn in light of 
the comments received. Factual information that supports the 
commenter's ideas and suggestions is extremely helpful in evaluating 
the effectiveness of this action and determining whether additional 
rulemaking action is needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
action will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. FAA-2005-21256/Airspace Docket No. 05-AGL-04.'' The 
postcard will be date stamped and returned to the commenter.

Agency Findings

    The regulations adopted herein will not have substantial direct 
effects on the States, on the relationship between the National 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, it 
is determined that this final rule will not have federalism 
implications under Executive Order 13132.
    Further, the FAA has determined that this regulation is 
noncontroversial and unlikely to result in adverse or negative comments 
and only involves an established body of technical regulations that 
require frequent and routine amendments to keep them operationally 
current. Therefore, I certify that 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) if promulgated, will not have 
a significant economic impact, positive or negative, on a substantial 
number of small entities under the criteria of the Regulatory 
Flexibility Act. Since this rule involves routine matters that will 
only affect air traffic procedures and air navigation, it does not 
warrant preparation of a Regulatory Flexibility Analysis because the 
anticipated impact is so minimal.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me, the Federal 
Aviation Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND 
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR 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]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9M, Airspace Designations and 
Reporting Points, dated September 1, 2005, and effective September 16, 
2005, is amended as follows:
* * * * *

Paragraph 5000 Class D Airspace

* * * * *

AGL WI D Eau Claire, WI [New]

Eau Claire, Chippewa Valley Regional Airport, WI
    (Lat. 44[deg]51'57'' N., long. 91[deg]29'03'' W.)

    That airspace extending upward from the surface to and including 
3,500 feet MSL within a 4.3-mile radius of the Chippewa Valley 
regional Airport. This Class D airspace area is effective during the 
specific dates and times established in advance by Notice to Airmen. 
The effective date and time will thereafter be continuously 
published in advance by Notice to Airmen.

* * * * *

Nancy B. Kort,
Area Director, Central Terminal Operations.
[FR Doc. 05-17571 Filed 9-2-05; 8:45 am]
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