[Federal Register Volume 72, Number 209 (Tuesday, October 30, 2007)]
[Rules and Regulations]
[Pages 61294-61296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5326]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2007-29264; Airspace Docket No. 07-AEA-04]


Establishment of Class E Airspace; Tappahannock, VA

AGENCY:  Federal Aviation Administration (FAA), DOT.

ACTION:  Direct final rule, request for comments.

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SUMMARY:  This action establishes Class E Airspace at Tappahannock-
Essex County Airport, Tappahannock, VA (KXSA) to accommodate newly 
developed Area Navigation (RNAV) Global Positioning System (GPS) 
Standard Instrument Approach Procedures (SIAPs) that serve 
Tappahannock-Essex County Airport, Tappahannock, VA.

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 28, 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-2007-29264; Airspace Docket 07-AEA-04, 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, Airspace Specialist, 
System Support Group, Eastern Service Center, Federal Aviation 
Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 
305-5581.

[[Page 61295]]


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. 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-
2007-29264; Airspace Docket No. 07-AEA-04.'' 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 establishes Class E5 airspace at Tappahannock, VA establishing 
the controlled airspace required to support the new RNAV GPS SIAPs at 
Tappahannock-Essex County Airport, Tappahannock, VA. The Tappahannock-
Essex County Airport (new) has been built to replace the Tappahannock 
Municipal Airport at Tappahannock, VA. Both airports will remain open 
for most of 2008, after which Tappahannock Municipal is scheduled to 
close. Two Standard Instrument Approach Procedures (SIAPs) were 
developed to serve this new airport. Controlled airspace extending 
upward from 700 feet Above Ground Level (AGL) is required to contain 
the SIAPs and for Instrument Flight Rule (IFR) operations, therefore, 
the FAA is amending Title 14, Code of Federal Regulations (14 CFR) part 
71 to establish Class E5 Airspace at Tappahannock, VA. This action 
establishes 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 part 71.1. The Class E designations listed in this document will be 
published subsequently in the Order.
    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 that authority 
as it establishes controlled airspace at Tappahannock-Essex County 
Airport, Tappahannock, VA.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

0
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

0
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.


Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation 
Administration Order 7400.9R, Airspace Designations and Reporting 
Points, 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 VA E5 Tappahannock, VA [New]

Tappahannock-Essex County Airport, VA
    (Lat. 37[deg]51'35'' N., long. 76[deg]53'39'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 7.0-mile radius of Tappahannock-Essex County Airport.
* * * * *


[[Page 61296]]


    Issued in College Park, Georgia, on October 5, 2007.
Mark D. Ward,
Manager, System Support Group, Eastern Service Center.
[FR Doc. 07-5326 Filed 10-29-07; 8:45 am]
BILLING CODE 4910-13-M