[Federal Register Volume 59, Number 178 (Thursday, September 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22901]


[[Page Unknown]]

[Federal Register: September 15, 1994]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 94-AEA-08]

 

Modification of Class D Airspace and Establishment of Class E 
Airspace; Various Locations, State of New York

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This action modifies the Class D airspace areas at Elmira, NY, 
Poughkeepsie, NY, and Utica, NY, by amending the areas' 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. Additionally, this action 
establishes Class E airspace areas at Ithaca, NY, Niagara Falls, NY, 
and White Plains, NY. Presently, these areas are designated as Class D 
airspace when the associated control tower is in operation. However, 
controlled airspace to the surface is needed when the control towers 
located at these locations are closed. The intended effect of this 
action is to clarify when two-way radio communication with these air 
traffic control towers is required and to provide adequate Class E 
airspace for instrument approaches when these control towers are 
closed.

EFFECTIVE DATE: 0901 U.T.C. December 8, 1994.

COMMENT DATE: Comments must be received on or before October 15, 1994.

ADDRESSES: Send comments on the rule in triplicate to: Manager, Air 
Traffic Division, AEA-500, Airspace Docket Number 94-AEA-08, F.A.A. 
Eastern Region, Fitzgerald Federal Building # 111, John F. Kennedy 
International Airport, Jamaica, New York 11430. The official and the 
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. 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 amend the regulation or to extend the effective date of 
the rule.
    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 that 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 areas at Elmira, NY, 
Poughkeepsie, NY, and Utica, NY, by amending the areas' 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 these 
airports. 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's were continuous, while the former ATA's 
were contingent upon the operation of the associated 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. Additionally, this action 
establishes Class E airspace areas at Ithaca, NY, Niagara Falls, NY, 
and White Plains, NY. Currently, this airspace is designated as Class D 
when the associated control tower is in operation. Nevertheless, 
controlled airspace to the surface is needed for IFR operations at 
Ithaca, NY, Niagara Falls, NY, and White Plains, NY, when the control 
towers are closed. The intended effect of this action is to clarify 
when two-way radio communication with these air traffic control towers 
is required and to provide adequate Class E airspace for instrument 
approach procedures when these control towers are closed. As noted in 
the Airspace Reclassification Final Rule, published in the Federal 
Register on December 17, 1991, airspace at an airport with a part-time 
control tower should be designated as a Class D airspace area when the 
control tower is in operation, and as a Class E airspace area when the 
control tower is closed (56 FR 65645).
    The coordinates for this airspace docket are based on North 
American Datum 83. Class D and E airspace designations are published in 
Paragraphs 5000, 6002, and 6004, 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 these Class D and establish these 
Class E airspace areas 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 NY D Elmira, NY [Revised]

Elmira/Corning Regional Airport, Elmira, NY
    (Lat. 42 deg.09'34'' N., long. 76 deg.53'30'' W.)

    That airspace extending upward from the surface to and including 
3,500 MSL within a 4.2-mile radius of the Elmira/Corning Regional 
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.
* * * * *

AEA NY D Poughkeepsie, NY [Revised]

Dutchess County Airport, Poughkeepsie, NY
    (Lat. 41 deg.37'36'' N., long. 73 deg.53'01'' W.)
Kingston VORTAC
    (Lat. 41 deg.39'55'' N., long. 73 deg.49'20'' W.)

    That airspace extending upward from the surface to and including 
2,700 feet MSL within a 4-mile radius of the Dutchess 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.
* * * * *

AEA NY D Utica, NY [Revised]

Oneida County Airport, Utica, NY
    (Lat. 43 deg.08'42'' N., long. 75 deg.23'02'' W.)
Clay NDB
    (Lat. 43 deg.03'10'' N., long. 75 deg.15'52'' W.)
Utica VORTAC
    (Lat. 43 deg.01'35'' N., long. 75 deg.09'52'' W.)

    That airspace extending upward from the surface to and including 
3,200 feet MSL within a 4.2-mile radius of the Oneida County 
Airport, excluding the portion within the Rome, NY, Class D airspace 
area. 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 NY E2 Elmira, NY [New]

Elmira/Corning Regional Airport, Elmira, NY
    (Lat. 42 deg.09'34'' N., long. 76 deg.53'30'' W.)

    Within a 4.2-mile radius of the Elmira/Corning Regional 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.
* * * * *

AEA NY E2 Ithaca, NY [New]

Tompkins County Airport, Ithaca, NY
    (Lat. 42 deg.29'25'' N., long. 76 deg.27'27'' W.)
Ithaca VOR/DME
    (Lat. 42 deg.29'42'' N., long. 76 deg.27'35'' W.)

    Within a 4-mile radius of the Tompkins County Airport and that 
airspace extending upward from the surface from the 4-mile radius of 
the Tompkins County Airport to the 5.7-mile radius of the Tompkins 
County Airport clockwise from the 329 deg. bearing to the 081 deg. 
bearing from the airport, that airspace from the 4-mile radius of 
Tompkins County Airport to the 8.7-mile radius of the Tompkins 
County Airport extending clockwise from the 081 deg. bearing to the 
137 deg. from the airport, that airspace from the 4-mile radius of 
Tompkins County to the 6.6-mile radius of the Tompkins County 
Airport extending clockwise from the 137 deg. bearing to the 
170 deg. bearing from the airport, that airspace from the 4-mile 
radius to the 5.7-mile radius of the Tompkins County Airport 
extending clockwise from the 170 deg. bearing to the 196 deg. 
bearing from the airport and that airspace within 2.7 miles each 
side of the Ithaca VOR/DME 305 deg. radial extending from the 4-mile 
radius of Tompkins County Airport to 7.4 miles northwest of the 
Ithaca VOR/DME. This Class E airspace area is effective during 
specific dates and times established in advance by a Notice to 
Airmen. The effective date and time will thereafter be published 
continuously in the Airport/Facility Directory.
* * * * *

AEA NY E2 Niagara Falls, NY [New]

Niagara Falls International Airport, NY
    (Lat. 43 deg.06'26'' N., long. 78 deg.56'44'' W.)
KATHI LOM
    (Lat. 43 deg.06'33'' N., long. 78 deg.50'18'' W.)

    Within a 4.5-mile radius of Niagara Falls International Airport 
and within 1.8 miles each side of Niagara Falls ILS east localizer 
course extending from the 4.5-mile radius to the KATHI LOM, 
excluding the portion outside the United States and that airspace 
which coincides with the Buffalo, NY, Class C airspace area. This 
Class E airspace area is effective during specific dates and times 
established in advance by a Notice to Airmen. The effective date and 
time will thereafter be published continuously in the Airport/
Facility Directory.
* * * * *

AEA NY E2 Poughkeepsie, NY [New]

Dutchess County Airport, Poughkeepsie, NY
    (Lat. 41 deg.37'36'' N., long. 73 deg.53'01'' W.)
Kingston VORTAC
    (Lat. 41 deg.39'55'' N., long. 73 deg.49'20'' W.)

    Within a 4-mile radius of the Dutchess County Airport; and that 
airspace extending upward from the surface within 3.1 miles each 
side of the Kingston VORTAC 025 deg. radial extending from the 
VORTAC to 8.3 miles northeast of the VORTAC and within 1.8 miles 
each side of the Kingston VORTAC 231 deg. radial extending from the 
4-mile radius to 9.2 miles southwest of the VORTAC and within 3.1 
miles each side of the Kingston VORTAC 050 deg. radial extending 
from the VORTAC to 9.2 miles northeast of the VORTAC. 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.
* * * * *

AEA NY E2 Utica, NY [New]

Oneida County Airport, Utica, NY
    (Lat. 43 deg.08'42'' N., long. 75 deg.23'02'' W.)
Clay NDB
    (Lat. 43 deg.03'10''' N., long. 75 deg.15'52'' W.)
Utica VORTAC
    (Lat. 43 deg.01'35'' N., long. 75 deg.09'52'' W.)

    Within a 4.2-mile radius of the Oneida County Airport; and that 
airspace extending upward from the surface within 1.8 miles each 
side of the 317 deg. bearing from the Clay NDB extending from the 
4.2-mile radius to 2.6 miles northwest of the NDB and within 1.8 
miles each side of the Utica VORTAC 306 deg. radial extending from 
the 4.2-mile radius to 0.8 mile northwest of the VORTAC, excluding 
the portion within the Rome, NY, Class D airspace area. 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.
* * * * *

AEA NY E2 White Plains, NY [New]

Westchester County Airport, White Plains, NY
    (Lat. 41 deg.04'01'' N., long. 73 deg.42'27'' W.)

    Within a 4.1-mile radius of the Westchester County Airport. This 
Class E airspace area is effective during 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 6004--Class E airspace areas designated as an extension 
to a Class D surface area

* * * * *

AEA NY E4 Elmira, NY [Revised]

Elmira/Corning Regional Airport, Elmira, NY
    (Lat. 42 deg.09'34'' N., long. 76 deg.53'30'' W.)
Elmira VOR/DME
    (Lat. 42 deg.05'39'' N., long. 77 deg.01'30'' W.)
ERINN OM
    (Lat. 42 deg.12'18'' N., long. 76 deg.49'09'' W.)

    That airspace extending upward from the surface within 1.8 miles 
each side of the Elmira VOR/DME 057 deg. radial extending from the 
4.2-mile radius to the VOR/DME and within 1.8 miles each side of the 
Elmira/Corning Regional Airport ILS localizer Northeast course 
extending from the 4.2-mile radius to 1.8 miles northeast of the 
ERINN OM and within 1.8 miles each side of the centerline of Runway 
10 extended easterly from the 4.2-mile radius for 1.1 miles and 
within 1.8 miles each side of the centerline of Runway 28 extended 
westerly from the 4.2-mile radius for 3.7 miles. 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.
* * * * *

AEA NY E4 Poughkeepsie, NY [Revised]

Kingston VORTAC
    (Lat. 41 deg.39'55'' N., long. 73 deg.49'20'' W.)

    That airspace extending upward from the surface within 3.1 miles 
each side of the Kingston VORTAC 025 deg. radial extending from the 
VORTAC to 8.3 miles northeast of the VORTAC and within 1.8 miles 
each side of the Kingston VORTAC 231 deg. radial extending from the 
4-mile radius to 9.2 miles southwest of the VORTAC and within 3.1 
miles each side of the Kingston VORTAC 050 deg. radial extending 
from the VORTAC to 9.2 miles northeast of the VORTAC. 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.
* * * * *

AEA NY E4 Utica, NY [Revised]

Clay NDB
    (Lat. 43 deg.03'10'' N., long. 75 deg.15'52'' W.)
Utica VORTAC
    (Lat. 43 deg.01'35'' N., long. 75 deg.09'52'' W.)

    That airspace extending upward from the surface within 1.8 miles 
each side of the 317 deg. bearing from the Clay NDB extending from 
the 4.2-mile radius to 2.6 miles northwest of the NDB and within 1.8 
miles each side of the Utica VORTAC 306 deg. radial extending from 
the 4.2-mile radius to 0.8 mile northwest of the VORTAC. 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 22, 1994.
John S. Walker,
Manager, Air Traffic Division.
[FR Doc. 94-22901 Filed 9-14-94; 8:45 am]
BILLING CODE 4910-13-M