Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Rules and Regulations 56471 

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this rule may be amended or withdrawn 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–2008–0836; Airspace 

Docket No. 08–AEA–23.’’ 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 

merges Class E Airspace at Butler, PA 

with the already existing Class E 

Airspace titled East Butler, PA. The 

controlled airspace required to support 

the Copter Area Navigation (RNAV) 

Global Positioning System (GPS) Point 

in Space (PinS) approach developed for 

the Butler Memorial Hospital Heliport 

was mistakenly listed under East Butler, 

PA. Controlled airspace extending 

upward from 700 feet Above Ground 

Level (AGL) is required for Instrument 

Flight Rules (IFR) operations and to 

encompass all Instrument Approach 

Procedures (lAPs) to the extent 

practical, therefore, the FAA is 

amending Title 14, Code of Federal 

Regulations (14 CFR) part 71 to rectify 

the Class E5 airspace at Butler, PA. The 

official name is also amended to Butler 

Co./K. W. Scholter Field Airport. 

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. 

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 noncontroversial 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 amends and removes controlled 

airspace at Butler and East Butler, PA. 

Lists 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 Butler, PA [Amended] 

Butler County/K W Scholter Field Airport 

(Lat. 40°46′37′′ N., long. 79°56′59′′ W.) 

Butler Memorial Hospital Heliport 

(Lat. 40°52′01′′ N., long. 79°52′48′′ W.) 

Point in Space Coordinates 

(Lat. 40°51′19′′ N., long. 79°51′51′′ W.) 

That airspace extending upward from 700 

feet above the surface of the Earth within a 

6.4-mile radius of Butler County/K W 

Scholter Field Airport and within a 6-mile 

radius of the Point in Space Coordinates (lat. 

40°51′19′′ N., long. 79°51′51′′ W.) serving the 

Butler Memorial Hospital Heliport. 

* * * * * 

AEA PA E5 East Butler, PA [Remove] 

* * * * * 

Issued in College Park, Georgia, on August 

20, 2008. 

Kathy Swann, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. E8–22443 Filed 9–26–08; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0817; Airspace 

Docket No. 08–ANE–101] 

Amendment to Class E Airspace; 

Windsor Locks, Bradley International 

Airport, CT 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule, request for 

comments. 


jlentini on PROD1PC65 with RULES
56472 Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Rules and Regulations 

SUMMARY: This action revises the Class 

E Airspace at Windsor Locks, Bradley 

International Airport, CT (BDL) to 

provide for adequate controlled airspace 

for those aircraft using Instrument 

Approach Procedures to the airport. The 

CHUPP NDB has been decommissioned, 

and after evaluation of the extension to 

the Windsor Locks Class C airspace 

defined using the CHUPP NDB, the FAA 

determined that the Class E3 airspace 

should be retained and extended 1 mile 

to provide adequate controlled airspace 

for the Instrument Approach Procedures 

to BDL. This action will enhance the 

safety and airspace management around 

the Bradley International Airport. 

DATES: Effective 0901 UTC, November 

20, 2008. 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 13, 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 Avenue, SE., Washington, 

DC 20590–0001; Telephone: 1–800– 

647–5527; Fax: 202–493–2251. You 

must identify the Docket Number FAA– 

2008–0817; Airspace Docket No. 08– 

ANE–lOl, 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: 

Melinda Giddens, Operations Support 

Group, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; Telephone (404) 

305–5610, Fax 404–305–5572. 

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. 

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. The direct final rule 

is used in this case to facilitate the 

timing of the charting schedule and 

enhance the operation at the airport, 

while still allowing and requesting 

public comment on this rulemaking 

action. An electronic copy of this 

document may be downloaded from and 

comments submitted through http:// 

www.regulations.gov. 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. Recently published 

rulemaking documents can 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. 

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–2008–0817; Airspace 

Docket No. 08–ANE–101.’’ 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 

revises Class E3 Airspace at Windsor 

Locks, CT by redefining that extension 

to the Windsor Locks Class C airspace 

and by extending that surface Class E. 

The Class E extension was defined using 

the CHUPP NDB, which as been 

decommissioned. In reviewing the 

controlled airspace to support IFR 

operations at Bradley International 

Airport the FAA determined that the 

Class E3 extension should be redefined 

and extended to the southwest in order 

to provide adequate controlled airspace 

for aircraft executing Instrument 

Approach Procedures to Bradley 

International Airport. Designations for 

Class E Airspace Designated as Surface 

Areas 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. 

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 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Rules and Regulations 56473 

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 controlled airspace at 

Windsor Locks, CT. 

Lists 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 6003 Class E Airspace Areas 

Designated as an Extension. 

* * * * * 

ANE CTA E3 Windsor Locks, CT 

[REVISED] 

Windsor Locks, Bradley International 

Airport, CT, 

(Lat. 41°56′20′′ N., long 72°41′00′′ W.) 

That airspace extending upward from the 

surface within 3.2 miles each side of the 224 

bearing from the Bradley International 

Airport (BDL) and extending from the 5 mile 

radius to 9.6 miles SW of the Bradley 

International Airport. The Class E airspace 

area is effective during specific dates and 

times established in advance by a Notice to 

Airman. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

* * * * * 

Issued in College Park, Georgia, on 

September 3, 2008. 

Mark D. Ward, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. E8–22450 Filed 9–26–08; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0339; Airspace 

Docket No. 08–ASW–5] 

Amendment of Class D and Class E 

Airspace; Altus AFB, OK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; change of 

effective date; correction. 

SUMMARY: This action changes the 

effective date and makes a correction to 

the direct final rule that amends Class 

D and Class E airspace at Altus AFB, 

OK, published in the Federal Register 

August 6, 2008 (73 FR 45605) Docket 

No. FAA–2008–0339. The effective date 

is changed to November 20, 2008, to 

allow additional time for charting. This 

action also makes a correction to the 

geographic coordinates of Altus AFB. 

DATES: Effective Date: 0901 UTC, 

November 20, 2008. 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. 

FOR FURTHER INFORMATION CONTACT: Gary 

Mallett, Central Service Center, System 

Support Group, Federal Aviation 

Administration, Southwest Region, 2601 

Meacham Blvd., Fort Worth, TX 76193– 

0530; telephone (817) 222–4949. 

SUPPLEMENTARY INFORMATION: 

History 

The FAA published a direct final rule 

with request for comments in the 

Federal Register August 6, 2008, (73 FR 

45605), Docket No. FAA–2008–0339. 

Subsequent to publication, the FAA 

found that additional time was needed 

for charting. The effective date is 

changed to November 20, 2008, to allow 

additional time for charting. Also, there 

is a minor correction to the coordinates 

for the latitude/longitude of Altus AFB, 

OK. 

Correction 

■ In the Federal Register dated August 

6, 2008, in Federal Register Docket No. 

FAA–2008–0339, the geographical 

coordinates of Altus AFB, OK are 

corrected to read: 

Altus AFB, OK 

(Lat. 34°39′59′′ N., long. 99°16′05′′ W) 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

* * * * * 

Issued in Fort Worth, TX, on September 9, 

2008. 

Donald R. Smith, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. E8–21518 Filed 9–26–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0434; Airspace 

Docket No. 08–ASW–6] 

Establishment of Class D Airspace; 

Victoria, TX 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

D airspace at Victoria Regional Airport, 

Victoria, TX. Establishment of an air 

traffic control tower has made this 

action necessary for the safety of 

Instrument Flight Rule (IFR) operations 

at Victoria Regional Airport. 

DATES: Effective Date: 0901 UTC, 

November 20, 2008. The Director of the 

Federal Register approves this 

incorporation by reference action under 

1 CFR Part 51, subject to the annual 

revision of FAA Order 7400.9 and 

publication of conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76193–0530; telephone (817) 

222–5582. 

SUPPLEMENTARY INFORMATION: 

History 

On May 19, 2008, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to establish Class 

D airspace at Victoria Regional Airport, 

Victoria, TX (73 FR 28764, Docket No. 

FAA–2008–0434). Interested parties 

were invited to participate in this 


jlentini on PROD1PC65 with RULES