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[Federal Register Volume 60, Number 36 (Thursday, February 23, 1995)]
[Rules and Regulations]
[Pages 10013-10014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4439]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 94-AGL-23]

Establishment of Class D Airspace; Akron-Canton, OH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class D airspace at Akron-Canton 
Regional Airport, Akron, Ohio. Currently, the airspace at Akron-Canton 
Regional Airport is designated as Class C airspace. During certain 
periods of time, the Akron-Canton Air Traffic Control Tower (ATCT) 
radar approach control facility is not operational. However, the ATCT 
at Akron-Canton Regional Airport is full-time. The intended effect of 
this proposal is to provide accurate reference to Class D airspace at 
Akron-Canton Regional Airport.

EFFECTIVE DATE: 0901 UTC, May 25, 1995.

FOR FURTHER INFORMATION CONTACT:
Jeffrey L. Griffith, Air Traffic Division, System Management Branch, 
AGL-530, Federal Aviation Administration, 2300 East Devon Avenue, Des 
Plaines, Illinois 60018, telephone (708) 294-7568.

SUPPLEMENTARY INFORMATION:

History

    On August 24, 1994, the FAA proposed to amend part 71 of the 
Federal Aviation Regulations (14 CFR part 71) to establish Class D 
airspace at Akron-Canton Regional Airport, Akron, Ohio (59 FR 43517).
    Currently, the airspace at Akron-Canton Regional Airport is 
designated as Class C airspace. During certain period of time, the 
Akron-Canton ATCT radar approach control facility is not operational 
and traffic is re-routed to Cleveland ARTCC during those times. 
However, the ATCT at Akron-Canton Regional Airport is full-time. The 
intended effect of this proposal is to correctly reference Class D 
airspace in aeronautical maps and charts. This action does not change 
the existing method of handling air traffic operations at Akron-Canton 
ATCT.
    Interested parties were invited to participate in this rulemaking 
proceeding by submitting written comments on the proposal to the FAA. 
Eight (8) letters of objection were received in response to the 
proposal. These objections were based on concerns for safety. The 
following concerns were raised:
    1. Establishing Class D airspace at Akron, Ohio would jeopardize 
safety at Akron-Canton Regional Airport for air traffic operations 
during the hours that Class D airspace would be in effect. VFR traffic 
should be separated from IFR traffic.
    2. Within the Weather Bureau closing, the airport would be 
unattended for the hours of Class D operation (midnight to 6:00 a.m. 
local time) and therefore there would be no controllers at the ATCT to 
observe and instruct snow removal from the runways during these times. 
This was of concern to the commenter because the airport is in the snow 
belt of Lake Erie.
    3. Akron-Canton ATCT needs more controllers to handle the existing 
and increasing traffic so as not to jeopardize the continued growth of 
Akron-Canton Regional Airport.
    All of these comments were considered and evaluated. They are 
responded to as follows:
    1. There is no change to the existing method of handling air 
traffic operations at Akron-Canton Regional Airport. Class D airspace 
has existed at Akron-Canton Regional Airport for several years; 
however, it is not correctly indicated on aeronautical maps and charts. 
During [[Page 10014]] this time period of Class D operations, there has 
been no derogation of safety. The purpose of this docket is to initiate 
action to reference correctly Class D airspace in aeronautical 
directories and charts.
    2. Responding to the issue of the airport being closed for snow 
removal, changing aeronautical maps and charts to reflect existing 
airspace will not impact the length of time that the airport would be 
closed for snow removal. The City of Akron, OH is responsible to remedy 
airport conditions caused by inclement weather. Comments regarding 
actions taken for snow removal at the airport can be directed to the 
City of Akron airport authorities. This comment addresses issues beyond 
the scope of the action proposed in this notice.
    3. Implementation of the proposal on Class D airspace will not 
affect staffing at the Akron-Canton ATCT. Accordingly, the comment 
regarding staffing is beyond the scope of this notice.
    A minor modification has been made to the legal description from 
that shown in the notice to exclude the airspace within the Akron-
Canton Regional Airport Class C airspace area. This modification is 
required in accordance with new guidelines.
    The coordinates for this airspace docket are based on North 
American Datum 83. Class D airspace designations are published in 
Paragraph 5000 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 Class D airspace designation listed in this document will be 
published subsequently in the Order.

The Rule

    This amendment to part 71 of the Federal Aviation Regulations 
establishes Class D airspace at Akron-Canton Regional Airport, Akron, 
Ohio during certain periods of time when the Akron-Canton ATCT radar 
approach control facility is not in operation. Currently, the airspace 
at Akron-Canton Regional Airport is designated as Class C airspace 
only. The intended effect of this proposal is to provide reference to 
Class D airspace to maintain the two-way radio communications 
requirements when the radar approach control facility is not in 
operation at the airport. This action does not change the existing 
method of handling traffic but will allow for action to be taken to 
correctly reference the airspace in aeronautical directories and 
charts.
    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. 
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 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).

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. 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 5000  General

* * * * *

AGL OH D Akron-Canton, OH [New]

(Lat. 40 deg.54'59'' N., Long. 81 deg.26'32'' W.)

    That airspace extending upward from the surface to and including 
3700 feet MSL within a 4.3-mile radius of the Akron-Canton Regional 
Airport, excluding that airspace within the Akron-Canton Regional 
Airport, OH Class C airspace area. 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 published in the Airport/Facility Directory.
* * * * *
    Issued in Des Plaines, Illinois on February 9, 1995.
Roger Wall,
Manager, Air Traffic Division.
[FR Doc. 95-4439 Filed 2-22-95; 8:45 am]
BILLING CODE 4910-13-M
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