62108 Federal Register / Vol. 72, No. 212 / Friday, November 2, 2007 / Rules and Regulations 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2522. 

SUPPLEMENTARY INFORMATION: 

History 

On Wednesday, August 15, 2007, the 

FAA proposed to amend part 71 of the 

Federal Aviation Regulations (14 CFR 

part 71) to establish Class D airspace at 

Independence Municipal Airport, KS 

(72 FR 45699). The proposal was to 

establish a Class D airspace area to 

provide controlled airspace for flight 

operations due to the establishment of 

an air traffic control tower. Interested 

parties were invited to participate in 

this rulemaking proceeding by 

submitting written comments on the 

proposal to the FAA. No comments 

objecting to the proposal were received. 

The Rule 

This notice amends part 71 of the 

Federal Aviation Regulations (14 CFR 

part 71) by establishing a Class D 

airspace area extending upward from 

the surface to an including 3,300 feet 

above sea level within a 4.6-mile radius 

of Independence Municipal Airport, KS. 

The establishment of an air traffic 

control tower has made this action 

necessary. The intended effect of this 

action is to provide controlled airspace 

for flight operations at Independence 

Municipal Airport, KS. The area will be 

depicted on appropriate aeronautical 

charts. 

Class D airspace areas extending 

upward from the surface of the earth are 

published in Paragraph 5000 of FAA 

Order 7400.9R, Airspace Designations 

and Reporting Points, signed August 15, 

2007, and effective September 15, 2007, 

which is incorporated by reference in 14 

CFR 71.1. of the same Order. The Class 

D airspace designation listed in this 

document will be published 

subsequently in the Order. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequently and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation—(1) 

is not a ‘‘significantly 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 to minimal. Since this is a 

routine matter than will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of the airspace necessary 

to ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority 

since it contains flight operations at 

Independence Municipal Airport, KS. 

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—DESIGNATION OF CLASS A, 

CLASS B, CLASS C, CLASS D, AND 

CLASS E AIRSPACE AREAS; 

AIRWAYS; ROUTES; AND REPORTNIG 

POINTS 

■ 1. The authority citation for 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. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9R, signed 

August 14, 2007, and effective 

September 15, 2007, is amended as 

follows: 

Paragraph 5000 Class D Airspace 

* * * * * 

ACE KS D Independence, KS [New] 

Independence Municipal Airport, KS 

(Lat. 37°09′30′′ N., long. 95°46′42′′ W.) 

That airspace extending upward from the 

surface to and including 3,300 feet MSL 

within a 4.6-mile radius of Independence 

Municipal Airport. This Class D airspace area 

is effective during the specific dates and 

times established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

* * * * * 

Issued in Forth, Texas, on October 11, 

2007. 

Ronnie L. Uhlenhaker, 

Team Manager, System Support Group, ATO 

Central Service Center. 

[FR Doc. 07–5422 Filed 11–1–07; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2005–22490; Airspace 

Docket No. 05–AEA–018] 

Amendment of Class E Airspace; 

Pottsville, PA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule, request for 

comments. 

SUMMARY: This action amends Class E 

Airspace at Pottsville, PA to provide 

adequate airspace for a new Area 

Navigation (RNAV) Global Positioning 

System (GPS) Special Instrument 

Approach Procedure (IAP) that has been 

developed to serve the Pottsville 

Hospital (91PN), Pottsville, PA. 

DATES: Effective 0901 UTC, December 

20, 2007. The Director of the Federal 

Register approves this incorporation by 

reference action under title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. Comments for inclusion 

in the Rules Docket must be received on 

or before November 30, 2007. 

ADDRESSES: Send comments on this rule 

to: Docket Management Facility, U.S. 

Department of Transportation, 1200 

New Jersey, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001; Telephone: 1–800–647–

5527; Fax: 202–493–2251. You must 

identify the Docket Number FAA–2005–

22490; Airspace Docket No. 05–AEA–

018, at the beginning of your comments. 

You may also submit comments through 

the Internet at http:// 

www.regulations.gov. You may review 

the public docket containing the rule, 

any comments received, and any final 

disposition in person in the Dockets 

Office (see ADDRESSES section for 

address and phone number) between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal Holidays. An 

informal docket may also be examined 

during normal business hours at the 

office of the Eastern Service Center, 

Federal Aviation Administration, Room 

210, 1701 Columbia Avenue, College 

Park, Georgia 30337. 

FOR FURTHER INFORMATION CONTACT: 

Daryl Daniels, Airspace Specialist, 

System Support Group, Eastern Service 

Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–5581. 

SUPPLEMENTARY INFORMATION: 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 72, No. 212 / Friday, November 2, 2007 / Rules and Regulations 62109 

The Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in adverse or 

negative comments, and, therefore, 

issues it as a direct final rule. The FAA 

has determined that this proposed 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. 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 effective date. If the FAA 

receives, within the comment period, an 

adverse or negative comment, or written 

notice of intent to submit such a 

comment, a document withdrawing the 

direct final rule will be published in the 

Federal Register, and a notice of 

proposed rulemaking may be published 

with a new comment period. 

Comments Invited 

Although this action is in the form of 

a direct final rule, and was not preceded 

by a notice of proposed rulemaking, 

interested persons are invited to 

comment on this rule by submitting 

such written data, views, or arguments 

as they may desire. Communications 

should identify both docket numbers 

and be submitted in triplicate to the 

address specified under the caption 

ADDRESSES. All communications 

received on or before the closing data 

for comments will be considered, and 

this rule may be amended or withdrawn 

in light of comments received. 

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. 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 would be 

needed. All comments submitted will be 

available, both before and after the 

closing date for comments, in the Rules 

Docket for examination by interested 

persons. Those 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–2005–22490; Airspace 

Docket No. 05–AEA–018.’’ The postcard 

will be date stamped and returned to the 

commenter. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

amends Class E airspace at Pottsville, 

PA establishing the controlled airspace 

required to support the new RNAV 

(GPS) Copter 095 Point in Space (PinS) 

approach developed for Pottsville 

Hospital. Controlled airspace extending 

upward from 700 feet Above Ground 

Level (AGL) is required to encompass 

the IAP and for Instrument Flight Rule 

(IFR) operations, therefore, the FAA is 

amending Title 14, Code of Federal 

Regulations (14 CFR) part 71 to establish 

additional class E5 Airspace at 

Pottsville, PA. The current E5 airspace 

at Pottsville does not provide adequate 

airspace for this new approach. This 

action provides the required controlled 

airspace. Designations for Class E 

airspace areas extending upward from 

700 feet or more above the surface of the 

Earth are published in FAA Order 

7400.9R, signed August 15, 2007 

effective September 15, 2007, which is 

incorporated by reference in 14 CFR 

71.1. The Class E designations listed in 

this document will be published 

subsequently in the Order. 

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 various levels of 

government. Therefore, it is determined 

that this final rule does not have 

federalism implications under Executive 

Order 13132. 

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, is non-controversial and 

unlikely to result in adverse or negative 

comments. 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 

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, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of airspace necessary to 

ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of the authority as 

it established controlled airspace near 

the Pottsville Hospital, Pottsville, PA. 

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—DESIGNATION OF CLASS A, 

B, C, D AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 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. 

§71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9R, Airspace 

Designations and Reporting Points, 

signed August 15, 2007, effective 

September 15, 2007, is amended as 

follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

AEA PA E5 Pottsville, PA [AMENDED] 

Schuylkill County (Joe Zerbey) Airport 

(Lat. 40°42′23′′ N., long. 76°22′24′′ W.) 

Pottsville Hospital [ADDED] 

Point In Space Coordinates 

(Lat. 40°41′45′′ N., long. 76°12′34′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.8-mile 

radius of Schuylkill County (Joe Zerbey) 

Airport; and that airspace within a 6-mile 

radius of the point in space (lat. 40°41′45′′ N., 

long. 76°12′34′′ W.) serving Pottsville 

Hospital. 

* * * * * 


rwilkins on PROD1PC63 with RULES
62110 Federal Register / Vol. 72, No. 212 / Friday, November 2, 2007 / Rules and Regulations 

Issued in College Park, Georgia, on October 

15, 2007. 

Mark D. Ward, 

Manager, System Support Group, Eastern 

Service Center 

[FR Doc. 07–5420 Filed 11–1–07; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2005–22493; Airspace 

Docket No. 05–AEA–021] 

Amendment of Class E Airspace; 

Philipsburg, PA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule, request for 

comments. 

SUMMARY: This action amends Class E 

Airspace at Philipsburg, PA, to provide 

adequate airspace for a new Area 

Navigation (RNAV) Global Positioning 

System (GPS) Special Instrument 

Approach Procedure (IAP) that has been 

developed to serve the Philipsburg Area 

Hospital, Philipsburg, PA. 

DATES: Effective 0901 UTC, December 

20, 2007. The Director of the Federal 

Register approves this incorporation by 

reference action under title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. Comments for inclusion 

in the Rules Docket must be received on 

or before December 5, 2007. 

ADDRESSES: Send comments on this rule 

to Docket Management Facility, U.S. 

Department of Transportation, 1200 

New Jersey, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001; Telephone: 1–800–647–

5527; Fax: 202–493–2251. You must 

identify the Docket No. FAA–2005–

22493; Airspace Docket No. 05–AEA–

021, at the beginning of your comments. 

You may also submit comments 

through the Internet at http:// 

www.regulations.gov. You may review 

the public docket containing the rule, 

any comments received, and any final 

disposition in person in the Dockets 

Office (see ADDRESSES section for 

address and phone number) between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal Holidays. An 

informal docket may also be examined 

during normal business hours at the 

office of the Eastern Service Center, 

Federal Aviation Administration, Room 

C210, 1701 Columbia Avenue, College 

Park, Georgia 30337. 

FOR FURTHER INFORMATION CONTACT: 

Daryl Daniels, System Support 

Specialist, Eastern Service Center, 

Federal Aviation Administration, P.O. 

Box 20636, Atlanta, Georgia 30320; 

telephone (404) 305–5581. 

SUPPLEMENTARY INFORMATION: 

The Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in adverse or 

negative comments, and, therefore, 

issues it as a direct final rule. The FAA 

has determined that this proposed 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. 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 effective date. If the FAA 

receives, within the comment period, an 

adverse or negative comment, or written 

notice of intent to submit such a 

comment, a document withdrawing the 

direct final rule will be published in the 

Federal Register, and a notice of 

proposed rulemaking may be published 

with a new comment period. 

Comments Invited 

Although this action is in the form of 

a direct final rule, and was not preceded 

by a notice of proposed rulemaking, 

interested persons are invited to 

comment on this rule by submitting 

such written data, views, or arguments 

as they may desire. Communications 

should identify both docket numbers 

and be submitted in triplicate 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. 

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. 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 would be 

needed. All comments submitted will be 

available, both before and after the 

closing date for comments, in the Rules 

Docket for examination by interested 

persons. Those 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–2005–22493; Airspace 

Docket No. 05–AEA–021.’’ The postcard 

will be date stamped and returned to the 

commenter. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

amends Class E airspace at Philipsburg, 

PA establishing the required controlled 

airspace to supply the newly developed 

Copter RNAV (GSP) 238 Point in Space 

(PinS) approach at the Philipsburg Area 

Hospital. Controlled airspace extending 

upward from 700 feet Above Ground 

Level (AGL) is required to contain the 

IAP and for Instrument Flight Rule (IFR) 

operations to the extent practical, 

therefore, the FAA is amending Title 14, 

Code of Federal Regulations (14 CFR) 

part 71 to establish additional Class E5 

Airspace at Philipsburg, PA. The 

controlled airspace at Philipsburg is not 

adequate to support this new approach. 

This action provides the required 

controlled airspace. Designations for 

Class E airspace areas extending upward 

from 700 feet or more above the surface 

of the Earth are published in FAA Order 

7400.9R, signed August 15, 2007 

effective September 15, 2007, which is 

incorporated by reference in 14 CFR 

71.1. The Class E designations listed in 

this document will be published 

subsequently in the Order. 

Agency Findings 

The regulations adopted herein will 

not have a substantial direct effect 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 does not 

have federalism implications under 

Executive Order 13132. 

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, is non-controversial and 

unlikely to result in adverse or negative 

comments. 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 

impact is so minimal. Since this is a 


rwilkins on PROD1PC63 with RULES