[Federal Register Volume 74, Number 100 (Wednesday, May 27, 2009)]
[Rules and Regulations]
[Pages 25145-25146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12028]



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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Rules 
and Regulations

[[Page 25145]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0327; Airspace Docket 09-ASO-014]


Establishment of Class D Airspace, Modification of Class E 
Airspace; Bunnell, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule, request for comments.

-----------------------------------------------------------------------

SUMMARY: This action establishes Class D airspace and modifies Class E 
airspace at Flagler County Airport in Bunnell, FL. A new Federal 
Contract Air Traffic Control Tower is being built for Flagler County 
Airport. Class D Surface airspace is required to be established and 
after evaluation the existing Class E airspace will be modified to 
facilitate a more efficient operation. This rule increases the safety 
and management of the National Airspace System (NAS) around Flagler 
County Airport.

DATES: Effective 0901 UTC, August 27, 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 
should be received no later that June 26, 2009.

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-2009-0327; Airspace Docket No. 09-ASO-014, 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, 
Eastern Service Center, Federal Aviation Administration, P.O. Box 
20636, Atlanta, Georgia 30320; telephone (404) 305-5610.

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 and 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. 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 
also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/. 
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-
2009-0327; Airspace Docket No. 09-ASO-014.'' The postcard will be date 
stamped and returned to the commenter.

The Rule

    This amendment to Title 14 of the Code of Federal Regulations (14 
CFR) part 71 establishes Class D airspace around the Flagler County 
Airport, which extends upward from the surface of the Earth to and 
including 1,500 feet MSL within a 4.0-mile radius of the Airport. 
Additionally, the existing Class E airspace that extends upwards from 
700 feet above the surface of the Earth (E5) will have its dimensions 
increased from a 6.4-mile radius to a 6.5-mile radius of the Flagler 
County Airport.
    Class D and Class E airspace designations are published in 
paragraphs 5000 and 6005 respectively

[[Page 25146]]

of FAA Order 7400.9S, dated October 3, 2008, and effective October 31, 
2008, which is incorporated by reference in 14 CFR 71.1. The Class D 
and E 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 establishes Class D and modifies Class E airspace at Flagler 
County Airport in Bunnell, FL.

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 7400.9S, Airspace Designations and Reporting 
Points, dated October 3, 2008, and effective October 31, 2008, is 
amended as follows:

Paragraph 5000 Class D Airspace

* * * * *

ASO FL D Bunnell, FL [New]

Flagler County Airport, Bunnell, FL
    (Lat. 29[deg]28'03'' N, long. 81[deg]12'23'' W)

    That airspace extending upward from the surface of the Earth, to 
and including 1,500 feet MSL, within a 4.0-mile radius of the 
Flagler County Airport. This Class D airspace area is effective 
during the specific days and times established in advance by a 
Notice to Airmen. The effective days and times will thereafter be 
continuously published in the Airport/Facility Directory.
* * * * *

Paragraph 6005 Class E Airspace Extending Upward from 700 feet or 
more above the Surface of the Earth.

* * * * *

ASO FL E5 Bunnell, FL [Revised]

Flagler County Airport, Bunnell, FL
    (Lat. 29[deg]28'03'' N, long. 81[deg]12'23'' W)

    That airspace extending upward from 700 feet above the surface 
within a 6.5-mile radius of the Flagler County Airport.
* * * * *

    Issued in College Park, Georgia, on May 11, 2009.
Barry A. Knight,
Manager, Operations Support Group, Eastern Service Center, Air Traffic 
Organization.
 [FR Doc. E9-12028 Filed 5-26-09; 8:45 am]
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