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Federal Register / Vol. 73, No.

35 / Thursday, February 21, 2008 / Rules and Regulations 9443

will be date stamped and returned to the Title 49 of the United States Code. Issued in College Park, Georgia, on January
commenter. Subtitle I, Section 106 describes the 31, 2008.
authority of the FAA Administrator. Barry A. Knight,
The Rule
Subtitle VII, Aviation Programs, Acting Manager, System Support Group,
This amendment to Title 14, Code of describes in more detail the scope of the Eastern Service Center.
Federal Regulations (14 CFR) part 71 agency’s authority. [FR Doc. 08–725 Filed 2–20–08; 8:45 am]
establishes Class E airspace at Rockport, BILLING CODE 4910–13–M
ME providing the controlled airspace This rulemaking is promulgated
required to support the new Copter Area under the authority described in
Navigation (RNAV) Global Positioning Subtitle VII, Part A, Subpart I, Section DEPARTMENT OF TRANSPORTATION
System (GPS) 287 Point in Space (PinS) 40103. Under that section, the FAA is
approach developed for the Penobscot charged with prescribing regulations to Federal Aviation Administration
Bay Medical Center. Controlled airspace assign the use of airspace necessary to
extending upward from 700 feet Above ensure the safety of aircraft and the 14 CFR Part 71
Ground Level (AGL) is required for efficient use of airspace. This regulation [Docket No. FAA–2007–0310; Airspace
Instrument Flight Rules (IFR) operations is within the scope of that authority as Docket No. 07–AEA–21]
and to encompass all Instrument it establishes controlled airspace near
Approach Procedures (IAPs) to the the Penobscot Bay Medical Center in Amendment of Class E Airspace;
extent practical, therefore, the FAA is Rockport, ME. Bradford, PA
amending Title 14, Code of Federal
Regulations (14 CFR) part 71 to establish List of Subjects in 14 CFR Part 71 AGENCY: Federal Aviation
a 6-mile radius Class E5 airspace at Administration (FAA), DOT.
Rockport, ME. Designations for Class E Airspace Incorporation by reference, ACTION: Direct final rule, request for
airspace areas extending upward from Navigation (Air). comments.
700 feet or more above the surface of the Adoption of the Amendment SUMMARY: This action modifies Class E
Earth are published in FAA Order
Airspace at Bradford, PA. The existing
7400.9R, signed August 15, 2007 ■ In consideration of the foregoing, the controlled airspace from nearby
effective September 15, 2007, which is Federal Aviation Administration Bradford Regional Airport does not
incorporated by reference in 14 CFR amends 14 CFR part 71 as follows: adequately support a new Area
part 71.1. The Class E designations
Navigation (RNAV) Global Positioning
listed in this document will be PART 71—DESIGNATION OF CLASS A, System (GPS) Special Instrument
published subsequently in the Order. B, C, D AND E AIRSPACE AREAS; AIR Approach Procedure (IAP) that has been
Agency Findings TRAFFIC SERVICE ROUTES; AND developed for medical flight operations
REPORTING POINTS for the University of Pittsburgh. This
The regulations adopted herein will
not have substantial direct effects on the action will enhance the safety and
■ 1. The authority citation for part 71 management of Instrument Flight Rule
States, on the relationship between the
continues to read as follows: (IFR) operations by providing the
national government and the States, or
on the distribution of power and Authority: 49 U.S.C. 106(g); 40103, 40113, required controlled airspace to support
responsibilities among various levels of 40120; E.O. 10854, 24 FR 9565, 3 CFR 1959– this approach at Bradford, PA.
government. Therefore, it is determined 1963 Comp., p. 389. DATES: Effective 0901 UTC, June 05,
that this final rule does not have 2008. The Director of the Federal
§ 71.1 [Amended] Register approves this incorporation by
federalism implications under Executive
Order 13132. ■ 2. The incorporation by reference in reference action under title 1, Code of
The FAA has determined that this 14 CFR 71.1 of Federal Aviation Federal Regulations, part 51, subject to
regulation only involves an established Administration Order 7400.9R, Airspace the annual revision of FAA Order
body of technical regulations for which Designations and Reporting Points, 7400.9 and publication of conforming
frequent and routine amendments are signed August 15, 2007, effective amendments. Comments for inclusion
necessary to keep them operationally September 15, 2007, is amended as in the Rules Docket must be received on
current, is non-controversial and or before April 7, 2008.
follows:
unlikely to result in adverse or negative ADDRESSES: Send comments on this rule
comments. It, therefore, (1) is not a Paragraph 6005 Class E Airspace Areas to: U.S. Department of Transportation,
‘‘significant regulatory action’’ under Extending Upward from 700 feet or More Docket Operations, West Building
Executive Order 12866; (2) is not a Above the Surface of the Earth. Ground Floor, Room W12–140, 1200
‘‘significant rule’’ under DOT * * * * * New Jersey Avenue, SE., Washington,
Regulatory Policies and Procedures (44 DC 20590–0001; Telephone: 1–800–
ABE ME E5 Rockport, ME [New]
FR 11034; February 26, 1979); and (3) 647–5527; Fax: 202–493–2251. You
does not warrant preparation of a Penobscot by Medical Center must identify the Docket Number FAA–
Regulatory Evaluation as the anticipated (Lat. 44°08′35″ N., long. 69°05′07″ W.) 2007–0310; Airspace Docket No. 07–
impact is so minimal. Since this is a Point in Space coordinates AEA–21, at the beginning of your
routine matter that will only affect air (Lat. 44°08′35″ N., long. 69°04′13″ W.) comments. You may also submit and
traffic procedures and air navigation, it That airspace extending upward from 700 review received comments through the
is certified that this rule, when feet above the surface of the Earth within a Internet at http://www.regulations.gov.
promulgated, will not have significant 6-mile radius of the Point in Space You may review the public docket
ebenthall on PRODPC61 with RULES

economic impact on a substantial Coordinates (lat. 44°08′35″ N., long. containing the rule, any comments
number of small entities under the 69°04′13″ W.) serving the Penobscot Bay received, and any final disposition in
criteria of the Regulatory Flexibility Act. Medical Center. person in the Dockets Office (see
The FAA’s authority to issue rules * * * * * ADDRESSES section for address and
regarding aviation safety is found in phone number) between 9 a.m. and 5

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9444 Federal Register / Vol. 73, No. 35 / Thursday, February 21, 2008 / Rules and Regulations

p.m., Monday through Friday, except may comment through the Web site. All Agency Findings
Federal Holidays. An informal docket communications received on or before
may also be examined during normal the closing date for comments will be The regulations adopted herein will
business hours at the office of the considered, and this rule may be not have substantial direct effect on the
Eastern Service Center, Federal Aviation amended or withdrawn in light of the States, on the relationship between the
Administration, Room 210, 1701 comments received. national government and the States, or
Columbia Avenue, College Park, Georgia Comments are specifically invited on on the distribution of power and
30337. the overall regulatory, economic, responsibilities among various levels of
FOR FURTHER INFORMATION CONTACT: environmental, and energy aspects of government. Therefore, it is determined
Melinda Giddens, System Support the rule that might suggest a need to that this final rule does not have
Group, Eastern Service Center, Federal modify the rule. Factual information federalism implications under Executive
Aviation Administration, P.O. Box that supports the commenter’s ideas and Order 13132.
20636, Atlanta, Georgia 30320; suggestions is extremely helpful in
evaluating the effectiveness of this The FAA has determined that this
Telephone (404) 305–5610; Fax (404) regulation only involves an established
305–5572. action and determining whether
additional rulemaking action would be body of technical regulations for which
SUPPLEMENTARY INFORMATION: needed. All comments submitted will be frequent and routine amendments are
The Direct Final Rule Procedure available, both before and after the necessary to keep them operationally
closing date for comments, in the Rules current, is non-controversial and
The FAA anticipates that this Docket for examination by interested unlikely to result in adverse or negative
regulation will not result in adverse or persons. Those wishing the FAA to comments. It, therefore, (1) is not a
negative comments, and, therefore, acknowledge receipt of their comments ‘‘significant regulatory action’’ under
issues it as a direct final rule. The FAA submitted in response to this rule must Executive Order 12866; (2) is not a
has determined that this rule only submit a self-addressed, stamped ‘‘significant rule’’ under DOT
involves an established body of postcard on which the following Regulatory Policies and Procedures (44
technical regulations for which frequent statement is made: ‘‘Comments to
and routine amendments are necessary FR 11034; February 26, 1979); and (3)
Docket No. FAA–2007–0310; Airspace does not warrant preparation of a
to keep them operationally current. Docket No. 07–AEA–21.’’ The postcard
Unless a written adverse or negative Regulatory Evaluation as the anticipated
will be date stamped and returned to the impact is so minimal. Since this is a
comment or a written notice of intent to commenter.
submit an adverse or negative comment routine matter that will only affect air
is received within the comment period, The Rule traffic procedures and air navigation, it
the regulation will become effective on This amendment to Title 14, Code of is certified that this rule, when
the date specified above. After the close Federal Regulations (14 CFR) part 71 promulgated, will not have a significant
of the comment period, the FAA will amends Class E5 airspace at Bradford, economic impact on a substantial
publish a document in the Federal PA, providing the controlled airspace number of small entities under the
Register indicating that no adverse or required to support the new Copter Area criteria of the Regulatory Flexibility Act.
negative comments were received and Navigation (RNAV) Global Positioning The FAA’s authority to issue rules
confirming the effective date. If the FAA System (GPS) 226 Point in Space (PinS) regarding aviation safety is found in
receives, within the comment period, an approach developed to facilitate Title 49 of the United States Code.
adverse or negative comment, or written helicopter arrival and departures at the Subtitle I, Section 106 describes the
notice of intent to submit such a University of Pittsburgh in Bradford. authority of the FAA Administrator.
comment, a document withdrawing the Although Class E airspace exists near
Subtitle VII, Aviation Programs,
direct final rule will be published in the the area, it is insufficient for the
describes in more detail the scope of the
Federal Register, and a notice of protection for this approach that will
proposed rulemaking may be published serve medical flights. Controlled agency’s authority.
with a new comment period. airspace, known as Class E5 airspace, This rulemaking is promulgated
extending upward from 700 feet Above under the authority described in
Comments Invited
Ground Level (AGL) is required to Subtitle VII, Part A, Subpart I, Section
Although this action is in the form of encompass all Instrument Approach 40103. Under that section, the FAA is
a direct final rule, and was not preceded Procedures (IAPs) to the extent practical charged with prescribing regulations to
by a notice of proposed rulemaking, and for general Instrument Flight Rule assign the use of airspace necessary to
interested persons are invited to (IFR) operations. The FAA is amending ensure the safety of aircraft and the
comment on this rule by submitting part 71 Title 14, Code of Federal efficient use of airspace. This regulation
such written data, views, or arguments Regulations (14 CFR part 71) , by is within the scope of that authority as
as they may desire. An electronic copy establishing a 6-mile radius Class E5 it amends controlled airspace at
of this document may be downloaded airspace area around the Point in Space Bradford, PA near the University of
from and comments may be submitted Missed Approach Point (MAP), HIVIT Pittsburgh.
and reviewed via http:// Waypoint, that serves the University of
www.regulations.gov. Recently Pittsburgh in Bradford, PA. Designations List of Subjects in 14 CFR Part 71
published rulemaking documents can for Class E airspace areas extending
also be accessed through the FAA’s web upward from 700 feet or more above the Airspace, Incorporation by reference,
page at http://www.faa.gov or the surface of the Earth are published in Navigation (Air).
Federal Register’s web page at http:// FAA Order 7400.9R, signed August 15, Adoption of the Amendment
ebenthall on PRODPC61 with RULES

www.gpoaccess.gov/fr/index.html. 2007, effective September 15, 2007,


Communications should identify both which is incorporated by reference in 14 ■ In consideration of the foregoing, the
docket numbers and be submitted in CFR 71.1. The Class E designations Federal Aviation Administration
triplicate to the address specified under listed in this document will be amends 14 CFR part 71 as follows:
the caption ADDRESSES above or you published subsequently in the Order.

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Federal Register / Vol. 73, No. 35 / Thursday, February 21, 2008 / Rules and Regulations 9445

PART 71—DESIGNATION OF CLASS A, DEPARTMENT OF TRANSPORTATION business hours at the office of the
B, C, D AND E AIRSPACE AREAS; AIR Eastern Service Center, Federal Aviation
TRAFFIC SERVICE ROUTES; AND Federal Aviation Administration Administration, Room 210, 1701
REPORTING POINTS Columbia Avenue, College Park, Georgia
14 CFR Part 71 30337.
■ 1. The authority citation for part 71 [Docket No. FAA–2008–0130; Airspace FOR FURTHER INFORMATION CONTACT:
continues to read as follows: Docket No. 08–AEA–11] Daryl Daniels, Airspace Specialist,
Authority: 49 U.S.C. 106(g); 40103, 40113, System Support Group, Federal
Modification of Class E Airspace; Aviation Administration, P.O. Box
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
Wilkes-Barre, PA 20636, Atlanta, Georgia 30320;
1963 Comp., p. 389.
AGENCY: Federal Aviation Telephone (404) 305–5581, Fax 404–
§ 71.1 [Amended] Administration (FAA), DOT. 305–5572.
ACTION: Direct final rule, request for SUPPLEMENTARY INFORMATION:
■ 2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation comments. The Direct Final Rule Procedure
Administration Order 7400.9R, Airspace SUMMARY: This action modifies Class E The FAA anticipates that this
Designations and Reporting Points, Airspace at Wilkes-Barre, PA. regulation will not result in adverse or
signed August 15, 2007, effective Additional airspace is required to negative comments, and, therefore,
September 15, 2007, is amended as support new Area Navigation (RNAV) issues it as a direct final rule. The FAA
follows: Global Positioning System (GPS) has determined that this rule only
Standard Instrument Approach involves an established body of
Paragraph 6005 Class E Airspace Areas Procedures (SIAPs) that have been technical regulations for which frequent
Extending Upward from 700 feet or More developed for the Community Medical and routine amendments are necessary
Above the Surface of the Earth. Center and the Fire Station Helipad at to keep them operationally current.
* * * * * Mercy Hospital. This action enhances Unless a written adverse or negative
the safety and management of comment or a written notice of intent to
AEA PA E5 Bradford, PA [Amended]
Instrument Flight Rule (IFR) operations submit an adverse or negative comment
Bradford Regional Airport, Bradford, PA in the area by providing the required is received within the comment period,
(Lat. 41°48′11″ N., long. 78°38′24″ W.) controlled airspace to support these the regulation will become effective on
Bradford VORTAC approaches in the Wilkes-Barre area. the date specified above. After the close
(Lat. 41°47′11″ N., long. 78°37′10″ W.) This action also imparts a technical of the comment period, the FAA will
BRAFO LOM amendment to the legal description of publish a document in the Federal
(Lat. 41°45′18″ N., long. 78°34′24″ W.) the airspace by restoring a previously Register indicating that no adverse or
HIVIT Waypoint omitted description and makes a name negative comments were received and
(Lat. 41°57′51″ N., long. 78°39′15″ W.) change to the Point in Space SIAP for confirming the effective date. If the FAA
That airspace extending upward from 700 the Wyoming Valley Medical Center. receives, within the comment period, an
feet above the surface of the Earth within a DATES: Effective 0901 UTC, June 5, adverse or negative comment, or written
6.5-mile radius of the Bradford Regional 2008. The Director of the Federal notice of intent to submit such a
Airport and within 3.1 miles each side of the Register approves this incorporation by comment, a document withdrawing the
Bradford Regional Airport southeast localizer reference action under title 1, Code of direct final rule will be published in the
course extending from the BRAFO LOM to 10 Federal Regulations, part 51, subject to Federal Register, and a notice of
miles southeast of the LOM and within 4.4 the annual revision of FAA Order proposed rulemaking may be published
miles each side of the Bradford VORTAC 7400.9 and publication of conforming with a new comment period.
139° radial extending from the VORTAC to amendments. Comments for inclusion
10 miles southeast of the VORTAC and in the Rules Docket must be received on Comments Invited
within 4.4 miles each side of the Bradford or before April 7, 2008. Although this action is in the form of
VORTAC 316° radial extending from the
ADDRESSES: Send comments on this rule a direct final rule, and was not preceded
VORTAC to 16.1 miles northwest of the
to: U.S. Department of Transportation, by a notice of proposed rulemaking,
VORTAC and that airspace within a 6-mile
Docket Operations, West Building interested persons are invited to
radius of the HIVIT Waypoint serving the
Ground Floor, Room W12–140, 1200 comment on this rule by submitting
University of Pittsburgh.
New Jersey Avenue, SE., Washington, such written data, views, or arguments
* * * * * DC 20590–0001; Telephone: 1–800– as they may desire. The direct final rule
Issued in College Park, Georgia, on 647–5527; Fax: 202–493–2251. You is used in this case to facilitate the
February 7, 2008. must identify the Docket Number FAA– timing of the charting schedule and
Barry A. Knight, 2008–0130; Airspace Docket No. 08– enhance the operation at the airport,
AEA–11, at the beginning of your while still allowing and requesting
Acting Manager, System Support Group,
Eastern Service Center. comments. You may also submit and public comment on this rulemaking
review received comments through the action. An electronic copy of this
[FR Doc. 08–726 Filed 2–20–08; 8:45 am]
Internet at http://www.regulations.gov. document may be downloaded from and
BILLING CODE 4910–13–M You may review the public docket comments submitted through http://
containing the rule, any comments www.regulations.gov. Communications
received, and any final disposition in should identify both docket numbers
person in the Dockets Office (see and be submitted in triplicate to the
ebenthall on PRODPC61 with RULES

ADDRESSES section for address and address specified under the caption
phone number) between 9 a.m. and 5 ADDRESSES above or through the
p.m., Monday through Friday, except website. All communications received
Federal Holidays. An informal docket on or before the closing date for
may also be examined during normal comments will be considered, and this

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