[Federal Register Volume 59, Number 175 (Monday, September 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21977]


[[Page Unknown]]

[Federal Register: September 12, 1994]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71

[Airspace Docket No. 94-AEA-05]

 

Modification of Class D Airspace and Establishment of Class E 
Airspace; Wilmington, DE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This action modifies the Class D airspace area at Wilmington, 
DE by amending this area's effective hours to coincide with the 
associated control tower hours of operation. This action also 
establishes Class E airspace in this area when the associated control 
tower is closed. The intended effect of this action is to clarify when 
two-way radio communication with the air traffic control tower is 
required and to provide adequate Class E airspace for instrument 
approach procedures when the control tower is closed.

DATES: 

    Effective Date: 0901 U.T.C. December 8, 1994.
    Comment Date: Comments must be received on or before September 22, 
1994.

ADDRESSES: Send comments on the rule in triplicate to: Manager, Air 
Traffic Division, AEA-500, Airspace Docket Number 94-AEA-05, F.A.A. 
Eastern Region, Fitzgerald Federal Building P#111, John F. Kennedy 
International Airport, Jamaica, New York 11430. An informal docket may 
also be examined during normal business hours at the address listed 
above.

FOR FURTHER INFORMATION CONTACT:
Mr. Frank Jordan, Airspace Specialist, System Management Branch, AEA-
530, F.A.A. Eastern Region, Fitzgerald Federal Building #111, John F. 
Kennedy International Airport, Jamaica, New York 11430; telephone: 
(718) 553-0857.

SUPPLEMENTARY INFORMATION:

Request for Comments on the Rule

    Although this action is a final rule, and was not preceded by 
notice and public procedure, comments are invited on the rule. All 
comments should be submitted, in triplicate, to Mr. Frank Jordan at the 
address specified above. An informal docket may also be examined during 
normal business hours at the address specified above. This rule will 
become effective on the date specified in the ``DATES'' section. 
However, after the review of any comments, and if the FAA finds that 
further changes are appropriate, it will initiate rulemaking 
proceedings to extend the effective date of the rule or to amend the 
regulation.
    Comments that provide the factual basis supporting the views and 
suggestions presented are particularly helpful in evaluating the 
effects of the rule, and in determining whether additional rulemaking 
is required. Comments are specifically invited on the overall 
regulatory, aeronautical, economic, environmental, and energy-related 
aspects of the rule which might suggest the need to modify the rule.

The Rule

    This amendment to part 71 of the Federal Aviation Regulations (14 
CFR part 71) modifies the Class D airspace area at Wilmington, DE, by 
amending this area's effective hours to coincide with the associated 
control tower's hours of operation. This action also establishes Class 
E airspace at these areas when the associated control tower is closed. 
Prior to Airspace Reclassification, an airport traffic area (ATA) and a 
control zone (CZ) existed at this airport. However, Airspace 
Reclassification, effective September 16, 1993, discontinued the use of 
the term ``airport traffic area'' and ``control zone,'' replacing them 
with the designation ``Class D airspace.'' The former CZ was 
continuous, while the former ATA was contingent upon the operation of 
the air traffic control tower. The consolidation of the ATA and CZ into 
a single Class D airspace designation makes it necessary to modify the 
effective hours of the Class D airspace to coincide with the control 
tower's hours of operation. This action also establishes Class E 
airspace during the hours the control tower is closed. The intended 
effect of this action is to clarify when two-way radio communication 
with the air traffic control tower is required and to provide adequate 
Class E airspace for instrument approach procedures when these control 
towers are closed.
    The coordinates for this airspace docket are based on North 
American Datum 83. Class D and E airspace designations are published in 
Paragraphs 5000 and 6002, respectively, of FAA Order 7400.9B dated July 
18, 1994, and effective September 16, 1994, 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. 
Under the circumstances presented, the FAA concludes that there is an 
immediate need to modify this Class D and establish this Class E 
airspace area in order to promote the safe and efficient handling of 
air traffic in these areas. Therefore, I find that notice and public 
procedures under 5 U.S.C. 553(b) are impracticable and contrary to the 
public interest.
    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 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).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 14 CFR part 71 as follows:

PART 71--[AMENDED]

    1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. app. 1348(a), 1354(a), 1510; Executive 
Order 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 49 U.S.C. 
106(g); 14 CFR 11.69.


Sec. 71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9B, Airspace Designations and 
Reporting Points, dated July 18, 1994, and effective September 16, 
1994, is amended as follows:

Paragraph 5000--General

* * * * *

AEA DE D Wilmington, DE [Revised]

New Castle County Airport, Wilmington, DE
    (lat. 39 deg.40'43'' N., long. 75 deg.36'24'' W.)

    That airspace extending upward from the surface to and including 
2,600 feet MSL within a 4.2-mile radius of the New Castle County 
Airport. This Class D airspace area is effective during the specific 
dates and times established in advance by a Notice to Airmen. The 
effective date and time will thereafter be continuously published in 
the Airport/Facility Directory.
* * * * *

Paragraph 6002--Class E airspace areas designated as a surface area 
for an airport

* * * * *

AEA DE E2 Wilmington, DE [New]

New Castle County Airport, Wilmington, DE
    (lat. 39 deg.40'43'' N., long. 75 deg.36'24'' W.)

    Within a 4.2-mile radius of the New Castle County Airport. This 
Class E airspace area is effective during the specific dates and 
times established in advance by a Notice to Airmen. The effective 
date and time will thereafter be continuously published in the 
Airport/Facility Directory.
* * * * *
    Issued in Jamaica, New York, on August 16, 1994.
John S. Walker,
Manager, Air Traffic Division.
[FR Doc. 94-21977 Filed 9-9-94; 8:45 am]
BILLING CODE 4910-13-M