Proposed Amendment of Class D and E Airspace, Falmouth, MA

AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Notice of proposed rulemaking (NPRM).

SUMMARY:

This action proposes to amend Class E airspace designated as an extension at Cape Cod Coast Guard Air Station, (formerly Otis ANGB), Falmouth, MA, as the Otis TACAN has been decommissioned, requiring airspace reconfiguration. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at the airport. This action also would update the geographic coordinates of the airport in the existing Class D and E airspace areas, as well as Falmouth Airpark, Barnstable Municipal Airport-Boardman/Polando Field, Chatham Municipal Airport, Martha's Vineyard Airport, (formerly Martha's Vineyard Municipal Airport), and the BOGEY LOM.

DATES:

Comments must be received on or before August 5, 2016.

ADDRESSES:

Send comments on this rule to: U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE., West Bldg Ground Floor Rm W12-140, Washington, DC 20591-0001; Telephone: 1-800-647-5527; Fax: 202-493-2251. You must identify the Docket Number FAA-2016-5444; Airspace Docket No. 16-ANE-1, 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 proposal, any comments received, and any final disposition in person in the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5527), is on the ground floor of the building at the above address.

FAA Order 7400.9Z, Airspace Designations and Reporting Points, and subsequent amendments can be viewed on line at http://www.faa.gov/airtraffic/publications/. For further information, you can contact the Airspace Policy Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: 202-267-8783. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of FAA Order 7400.9Z at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.

FAA Order 7400.9, Airspace Designations and Reporting Points, is published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT:

John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305-6364.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

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 proposed 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 would amend Class D airspace and Class E airspace at Cape Cod Coast Guard Air Station, Falmouth, MA.

Comments Invited

Interested persons are invited to comment on this rule 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 both docket numbers (FAA Docket No. FAA-2016-5444; Airspace Docket No. 16-ANE-1) and be submitted in triplicate to the Docket Management System (see ADDRESSES section for address and phone number). You may also submit comments through the Internet at http://www.regulations.gov.

Persons wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2016-5444; Airspace Docket No. 16-ANE-1.” The postcard will be date/time stamped and returned to the commenter.

All communications received 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 the comments received. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket.

Availability of NPRMs

An electronic copy of this document may be downloaded from and comments submitted through 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/.

You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office (see the ADDRESSES section for address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal Holidays. An informal docket may also be examined between 8:00 a.m. and 4:30 p.m., Monday through Friday, except Federal Holidays at the office of the Eastern Service Center, Federal Aviation Administration, Room 350, 1701 Columbia Avenue, College Park, Georgia 30337.

Persons interested in being placed on a mailing list for future NPRM's should contact the FAA's Office of Rulemaking, (202) 267-9677, to request a copy of Advisory circular No. 11-2A, Notice of Proposed Rulemaking distribution System, which describes the application procedure.

Availability and Summary of Documents for Incorporation by Reference

This document proposes to amend FAA Order 7400.9Z, Airspace Designations and Reporting Points, dated August 6, 2015, and effective September 15, 2015. FAA Order 7400.9Z is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.9Z lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

The Proposal

The FAA is considering an amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 to amend Class E airspace designated as an extension at Cape Cod Coast Guard Air Station, Falmouth, MA. Airspace reconfiguration is necessary due to the decommissioning of the Otis TACAN, and for continued safety and management of IFR operations at the airport. Additionally, this action would note adjustment of the geographic coordinates of the above airport, as well as Falmouth Airpark, Barnstable Municipal Airport-Boardman/Polando Field, Chatham Municipal Airport, Martha's Vineyard Airport, and the BOGEY LOM navigation aid, to coincide with the FAAs aeronautical database. Also, this action would recognize the name change of Cape Cod Coast Guard Air Station, (formerly OTIS ANGB), and Martha's Vineyard Airport, (formerly Martha's Vineyard Municipal Airport).

Class D airspace and Class E airspace designations are published in Paragraphs 5000, 6004, and 6005 respectively, of FAA Order 7400.9Z, dated August 6, 2015, and effective September 15, 2015, which is incorporated by reference in 14 CFR 71.1. The Class D and Class E airspace designations listed in this document will be published subsequently in the Order.

Regulatory Notices and Analyses

The FAA has determined that this proposed 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 proposed 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.

Environmental Review

This proposal would be subject to an environmental analysis in accordance with FAA Order 1050.1F, paragraph 5.6.5a, “Environmental Impacts: Policies and Procedures” prior to any FAA final regulatory action.

Lists of Subjects in 14 CFR Part 71

• Airspace
• Incorporation by reference
• Navigation (air)

The Proposed Amendment

In consideration of the foregoing, the Federal Aviation Administration proposes to amend 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(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9Z, Airspace Designations and Reporting Points, dated August 6, 2015, effective September 15, 2015, is amended as follows:

Paragraph 5000 Class D Airspace.

ANE MA D Falmouth, MA [Amended]

Cape Cod Coast Guard Air Station, MA

(Lat. 41°39′33″ N., long. 70°31′22″ W.)

Falmouth Airpark

(Lat. 41°35′08″ N., long. 70°32′25″ W.)

That airspace extending upward from the surface to and including 2,600 feet MSL within a 4.4-mile radius of Cape Cod Coast Guard Air Station, excluding that airspace within a 1-mile radius of the Falmouth Airpark.

Paragraph 6004 Class E Airspace Designated as an Extension to a Class D Surface Area.

ANE MA E4 Falmouth, MA [Amended]

Cape Cod Coast Guard Air Station, MA

(Lat. 41°39′33″ N., long. 70°31′22″ W.)

Falmouth Airpark

(Lat. 41°35′08″ N., long. 70°32′25″ W.)

That airspace extending upward from the surface within 1.8 miles each side of the 55° bearing from the Cape Cod Coast Guard Air Station, extending from the 4.4-mile radius of the airport to 6 miles northeast of the airport, and within 1.8 miles each side of the 143° bearing from the airport, extending from the 4.4-mile radius to 6 miles southeast of the airport, and within 1.8 miles each side of the 234° bearing from the airport, extending from the 4.4-mile radius to 7 miles southwest of the airport, excluding that airspace within a 1-mile radius of the Falmouth Airpark, and within 1.8 miles each side of the 323° bearing from the airport, extending from the 4.4-mile radius to 6 miles northwest of the airport.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth.

ANE MA E5 Falmouth, MA [Amended]

Cape Cod Coast Guard Air Station, MA

(Lat. 41°39′33″ N., long. 70°31′22″ W.)

Barnstable Municipal Airport Boardman/Polando Field

(Lat. 41°40′10″ N., long. 70°16′49″ W.)

Chatham Municipal Airport

(Lat. 41°41′18″ N., long. 69°59′23″ W.)

Martha's Vineyard Airport

(Lat. 41°23′36″ N., long.70°36′50″ W.)

Martha's Vineyard VOR/DME

(Lat. 41°23′46″ N., long.70°36′46″ W.)

BOGEY LOM

(Lat. 41°42′56″ W., long. 70°12′8″ W.)

That airspace extending upward from 700 feet above the surface within a 12.2-mile radius of Cape Cod Coast Guard Air Station, and within a 6.7-mile radius of Barnstable Municipal Airport, and within 3 miles each side of the BOGEY LOM 050° bearing extending from the 6.7-mile radius to 10 miles northeast of the BOGEY LOM, and within a 6.3-mile radius of Chatham Municipal Airport, and within a 6.5-mile radius of Martha's Vineyard Airport, and within 5.1 miles on each side of the 052° radial of Martha's Vineyard VOR/DME extending from the 6.5-mile radius to 14 miles northeast of Martha's Vineyard VOR/DME.