Proposed modification of Class D airspace and establishment of Class E airspace; Dayton, Wright-Patterson AFB, OH

[Federal Register Volume 64, Number 177 (Tuesday, September 14, 1999)]
[Proposed Rules]
[Pages 49754-49755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23942]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 99-AGL-50]


Proposed modification of Class D airspace and establishment of 
Class E airspace; Dayton, Wright-Patterson AFB, OH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice proposes to modify Class D airspace at Dayton, 
Wright-Patterson AFB, OH. This action would amend the effective hours 
of the Class D surface area to coincide with the airport traffic 
control tower (ATCT) hours of operation for Wright-Patterson AFB. The 
purpose of this action is to clarify when two-way radio communication 
with the ATCT is required. This action also proposes to create a Class 
E surface area for those times when the ATCT is closed.

DATES: Comments must be received on or before October 29, 1999.

ADDRESSES: Send comments on the proposal in triplicate to: Federal 
Aviation Administration, Office of the Assistant Chief Counsel, AGL-7, 
Rules Docket No. 99-AGL-50, 2300 East Devon Avenue, Des Plaines, 
Illinois 60018.

    The official docket may be examined in the Office of the Assistant 
Chief Counsel, Federal Aviation Administration, 2300 East Devon Avenue, 
Des Plaines, Illinois. An informal docket may also be examined during 
normal business hours at the Air Traffic Division, Airspace Branch, 
Federal Aviation Administration, 2300 East Devon Avenue, Des Plaines, 
Illinois.

FOR FURTHER INFORMATION CONTACT: Annette Davis, Air Traffic Division, 
Airspace Branch, AGL-520, Federal Aviation Administration, 2300 East 
Devon Avenue, Des Plaines, Illinois 60018, telephone (847) 294-7568.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal. 
Communications should identify the airspace docket number and be 
submitted in triplicate to the address listed above. Commenters wishing 
the FAA to acknowledge receipt of their comments on this notice must 
submit with those comments a self-addressed, stamped postcard on which 
the following statement is made: ``Comments to Airspace Docket No. 99-
AGL-50.'' The postcard will be date/time stamped and returned to the 
commenter. All communications received on or before the specified 
closing date for comments will be considered before taking action on 
the proposed rule. The proposal contained in this notice may be changed 
in light of comments received. All comments submitted will be available 
for examination in the rules Docket, FAA, Great Lakes Region, Office of 
the Assistant Chief Counsel, 2300 East Devon Avenue, Des Plaines, 
Illinois, both before and after the closing date for comments. A report 
summarizing each substantive public contact with FAA personnel 
concerned with this rulemaking will be filed in the docket.

Availability of NPRM's

    Any person may obtain a copy of this Notice of Proposed Rulemaking 
(NPRM) by submitting a request to the Federal Aviation Administration, 
Office of Public Affairs, Attention: Public Inquiry Center, APA-230, 
800 Independence Avenue, S.W., Washington, DC 20591, or by calling 
(202) 267-3484. Communications must identify the notice number of this 
NPRM. Persons interested in being placed on a mailing list for future 
NPRM's should also request a copy of Advisory Circular No. 11-2A, which 
describes the application procedure.

The Proposal

    The FAA is considering an amendment to 14 CFR part 71 to modify 
Class D airspace at Dayton, Wright-Patterson AFB, OH, by amending the 
effective hours to coincide with the ATCT hours of operation for 
Wright-Patterson AFB, and by creating Class E airspace for those times 
when the ATCT is closed. Controlled airspace extending upward from the 
surface is needed to contain aircraft executing instrument approach 
procedures. The area would be depicted on appropriate aeronautical 
charts. Class D airspace designations are published in paragraph 5000, 
and Class E airspace designations for a surface area are published in 
paragraph 6002, of FAA Order 7400.9F dated September

[[Page 49755]]

10, 1998, and effective September 16, 1998, which is incorporated by 
reference in 14 CFR 71.1. The Class D designations and Class E 
designations listed in this document would be published subsequently in 
the Order.
    The FAA has determined that this proposed regulation only involves 
an establishment body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
Therefore this, proposed regulation--(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 proposed rule will not 
have a significant economic impact on a substantial number of small 
entities under the criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal 
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND 
CLASS E AIRSPACE AREAS; AIRWAYS; 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.


Sec. 71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9F, Airspace Designations and 
Reporting Points, dated September 10, 1998, and effective September 16, 
1998, is amended as follows:

Paragraph 5000  Class D airspace.

* * * * *

AGL OH D  Dayton, Wright-Patterson AFB, OH [Revised]

Dayton, Wright-Patterson AFB, OH
    (Lat. 39 deg. 39'34'' N., long 84 deg. 02'54'' W.)
Patterson VORTAC
    (Lat. 39 deg. 49'06'' N., long 84 deg. 03'16'' W.)

    That airspace extending upward from the surface to and including 
3,400 feet MSL within an 4.6-mile radius of Wright-Patterson AFB, 
and within 1.3 miles each side of the Patterson VORTAC 046 deg. 
radial extending from the 4.6-mile radius to 5.6 miles northeast of 
the VORTAC, excluding that airspace within the James M. Cox Dayton 
International Airport, OH, Class C airspace area. This Class D 
airspace area is effective during the 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.
* * * * *

Paragraph 6002  Class E airspace designated as a surface area.

* * * * *
Dayton, Wright-Patterson AFB, OH
    (Lat. 39 deg. 49'34'' N., long 84 deg. 02'54'' W.)
Patterson VORTAC
    (Lat. 39 deg. 49'06'' N., long 84 deg. 03'16'' W.)

    That airspace extending upward from the surface to and including 
3,400 feet MSL within an 4.6-mile radius of Wright-Patterson AFB, 
and within 1.3 miles each side of the Patterson VORTAC 046 deg. 
radial extending from the 4.6-mile radius to 5.6 miles northeast of 
the VORTAC, excluding that airspace within the James M. Cox Dayton 
International Airport, OH, Class C airspace area. This Class E 
airspace area is effective during the 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 Des Plaines, Illinois on August 30, 1999.
Christopher R. Blum,
Manager, Air Traffic Division.
[FR Doc. 99-23942 Filed 9-13-99; 8:45 am]
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