[Federal Register: February 11, 2008 (Volume 73, Number 28)]
[Rules and Regulations]
[Page 7668-7670]
[DOCID:fr11fe08-7]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0024; Airspace Docket No. 08-AGL-4]

Establishment of Class E5 Airspace; Black River Falls, WI

AGENCY:  Federal Aviation Administration (FAA), DOT.

ACTION:  Direct final rule; request for comments.

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SUMMARY:  This action establishes Class E5 airspace at Black River
Falls, WI. Additional controlled airspace is necessary to accommodate
aircraft using

new RNAV Global Positioning System (GPS) Standard Instrument Approach
Procedures (SIAP) at Black River Falls Area. The FAA proposes this
action to enhance the safety and management of Instrument Flight Rules
(IFR) aircraft operations at Black River Falls Area Airport, Black
River Falls, WI.

DATES: Effective Dates: 0901 UTC April 10, 2008. Comments for inclusion
in the rules Docket must be received by March 27, 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.

ADDRESSES:  Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2008-0024/Airspace Docket No. 08-
AGL-4, at the beginning of your comments. You may also submit comments
through the Internet at http://regulations.gov. You may review the

public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Docket
Office, telephone number 1-800-647-5527, is on the ground floor of the
building at the above address.

FOR FURTHER INFORMATION CONTACT:  Joe Yadouga, Central Service Center,
System Support Group, Federal Aviation Administration, Southwest
Region, Fort Worth, Texas 76193-0530; telephone number<PHONE_NUMBER>.

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.
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 of
the rule. If the FAA receives, within the comment period, an adverse or
negative comment, or written comment 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 http://www.regulations.gov. Communications

should identify both docket numbers and be submitted in triplicate to
the address specified under 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.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 establishes Class E5 airspace at Black River Falls, WI
providing the airspace required to support the new RNAV (GPS) Runway 08
approach developed for IFR landings at Black River Falls Area Airport.
No Class E5 airspace exists in the area so new airspace must be
developed which will serve IFR operations into Black River Falls Area
Airport. Controlled airspace extending upward from the surface is
required to encompass all SIAP and for the safety of IFR operations at
Black River Falls Area Airport, Black River Falls, WI. Designations for
Class E5 airspace areas extending upward from 700 feet above the
surface of the earth are published in the FAA Order 7400.9R, signed
August 15, 2007 and effective September 15, 2007, which is incorporated
by reference in 14 CFR Part 71.1. Class E5 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 implication
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 Class E5 airspace near Black River Falls, WI.

Lists 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 Designation and Reporting
Points, signed August 15, 2007, and effective September 15, 2007, is
amended as follows:

Paragraph 6005 Class E5 airspace areas extending upward from the
surface of the earth.

* * * * *

AGL WI E5 Black River Falls, WI

Black River Falls Area Airport
(lat. 44[deg]15'02.7'' N., long. 90[deg]51'19.01'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Black River Falls Area Airport and
within 3.9 miles each side of RNAV (GPS) Runway 08 approach course
and extending from 6.4-mile radius to 8.8 miles west of the airport.
This airspace is effective during specific dates and times
established in advance by Notice to Airmen. The effective date and
time will thereafter be continuously published in the Airport/
Facility Directory.
* * * * *

    Issued in Fort Worth, TX on January 25, 2008.
Delisa Kik,
Acting Manager, System Support Group, ATO Central Service Center.
[FR Doc. 08-528 Filed 2-8-08; 8:45 am]

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