[Federal Register Volume 73, Number 200 (Wednesday, October 15, 2008)]
[Rules and Regulations]
[Pages 60940-60942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22467]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0923; Airspace Docket 08-AEA-22]


Modification of Class E Airspace; Culpeper, VA; Removal of Class 
E Airspace; Pelham Lake, VA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct Final rule, Request for Comments.

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SUMMARY: This action modifies and restores Class E airspace that had 
inadvertently been omitted at Culpeper, VA. Additionally, this action 
transfers airspace listed under Pelham Lake, VA to that listed under 
Culpeper, VA, more appropriately identifying its official location. 
This rule increases the safety and management of the National Airspace 
System (NAS) around the Culpeper Regional Airport and the Culpeper 
Memorial Hospital Heliport.

DATES: Effective 0901 UTC, January 15, 2009. 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 1, 2008.

ADDRESSES: Send comments on this rule to: U.S. Department of 
Transportation, Docket Operations, West Building, Ground Floor, Room 
W12-140, 1200 New Jersey, SE., Washington, DC 20590-0001; Telephone: 1-
800 647-5527; Fax: 202-493-2251. You must identify the Docket Number 
FAA-2008-0923; Airspace Docket No. 08-AEA-22, at the beginning of your 
comments. You may also submit and review received 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, Operations Support, 
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 rule only involves an established body 
of technical regulations for which frequent and routine amendments are 
necessary to keep them operationally current. This rule is effective 
and there will be no further action by the FAA 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. 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. An electronic copy of this document 
may be downloaded from and comments may be submitted and reviewed at 
http://www.regulations.gov. Recently published rulemaking documents can

[[Page 60941]]

also be accessed through the FAA's Web page at http://www.faa.gov. or 
the Federal Register's Web page at http://www.gpoaccess.gov/fr/index.html. Communications should identify both docket numbers and be 
submitted in triplicate to the address specified under the caption 
ADDRESSES above or through the Web site. 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-
2008-0923; Airspace Docket No. 08-AEA-22.'' The postcard will be date 
stamped and returned to the commenter.

History

    Class E airspace is established via rulemaking provisions set forth 
by the FAA, Department of Transportation and other Agencies of these 
United States of America. Due to the large number and frequency of 
changes, the designations are not carried in Title 14, Code of Federal 
Regulations (14 CFR), part 71. For ease of reference, the FAA provides 
a compilation of airspace designations and reporting points via FAA 
Order 7400.9. An evaluation uncovered an omission from the FAA Order 
7400.9R caused by a rulemaking airspace action intended to supplement 
the established Class E airspace at Culpeper, VA. It was also 
discovered that the referenced city for airspace around Culpeper 
Memorial Hospital Heliport was addressed to a local community area 
(Pelham Lake) instead of being appropriately associated with the city 
of Culpeper. This action additionally corrects the spelling as shown in 
FAA Order 7400.9R from Culpepper to Culpeper. Minor changes to the 
dimensions to the established Class E airspace have become necessary 
due to better computation methods of established Standard Instrument 
Approach Procedures.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR) 
part 71 modifies E5 airspace at Culpeper, VA by reconstituting 
previously omitted airspace descriptions for the Culpeper Regional 
Airport, amending said airspace by replacing the decommissioned 
Culpeper NDB with the Nailr NDB and extending the airspace to 16 miles 
southwest of the Nailr NDB. Additionally this amendment removes the 
Culpeper Memorial Hospital's airspace that is linked with Pelham Lake, 
VA, appropriately associates this Hospital's airspace with the city of 
Culpeper, VA and substitutes the UDNEW WAYPOINT for the listed Point in 
Space Coordinates, being the same and part of the Instrument Approach 
Procedure that is used to develop the airspace serving the Hospital.
    Class E5 airspace designations for airspace areas extending upwards 
from 700 feet above the surface of the Earth are published in Paragraph 
6005 of FAA Order 7400.9R, dated August 15, 2007, and effective 
September 15, 2007, which is incorporated by reference in 14 CFR 71.1. 
The Class E5 airspace 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. 
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 modifies the Class E Airspace at Culpeper Regional Airport and 
Culpeper Memorial Hospital located in Culpeper, 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 
proposes to amend 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, dated August 15, 2007, and 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 Culpeper, VA [Revised]

Culpeper Regional Airport
    (Lat. 38[deg]31'32'' N., long. 77[deg]51'35'' W.)
Nailr NDB
    (Lat. 38[deg]27'16'' N., long. 77[deg]54'19'' W.)
Culpeper Memorial Hospital Heliport
    (Lat. 38[deg]27'18'' N., long. 78[deg]00'49'' W.)
UDNEW WAYPOINT
    (Lat. 38[deg]27'54'' N., long. 78[deg]01'07'' W.)

    That airspace extending upward from 700 feet above the surface 
of the Earth within a 6.5-mile radius of Culpeper Regional Airport 
and within 8 miles either side of the 217[deg] bearing from the 
Nailr NDB to 16 miles

[[Page 60942]]

southwest of the NDB, and that airspace within a 6.0-mile radius of 
the UDNEW WAYPOINT that serves the Culpeper Memorial Hospital 
Heliport.
* * * * *

AEA VA E5 Pelham Lake, VA [Remove]

* * * * *

    Issued in College Park, Georgia, on August 26, 2008.
Mark D. Ward,
Manager, Operations Support Group, Eastern Service Center, Air Traffic 
Organization.
 [FR Doc. E8-22467 Filed 10-14-08; 8:45 am]
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