[Federal Register Volume 60, Number 70 (Wednesday, April 12, 1995)]
[Proposed Rules]
[Pages 18552-18554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8951]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 94-AWA-3]


Proposed Modification of the Atlantic City International Airport 
Class C Airspace Area; NJ

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This proposed rule would modify the Class C airspace area at 
Atlantic City International Airport, Atlantic City, NJ. This proposed 
action would delete the 1-mile exclusion around Nordheim Flying K 
Airport because of its closure, and return this airspace to the surface 
area of the Class C airspace. In addition, this proposed action would 
reduce controller workload.

DATES: Comments must be received on or before June 13, 1995.

ADDRESSES: Send comments on the proposal in triplicate to: Federal 
Aviation Administration, Office of the Chief Counsel, Attention: Rules 
Docket [AGC-200], Airspace Docket No. 94-AWA-3, 800 Independence 
Avenue, SW., Washington, DC 20591.
    The official docket may be examined in the Rules Docket, Office of 
the Chief Counsel, Room 916, weekdays, except Federal holidays, between 
8:30 a.m. and 5 p.m.
    An informal docket may also be examined during normal business 
hours at the office of the Regional Air Traffic Division.

FOR FURTHER INFORMATION CONTACT: William C. Nelson, Airspace and 
Obstruction Evaluation Branch (ATP-240), Airspace--Rules and 
Aeronautical Information Division, Air Traffic Rules and Procedures 
Service, Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591; telephone: (202) 267-9295.

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. 94-
AWA-3.'' 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 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-220, 
800 Independence Avenue, SW., Washington, DC 20591, or by calling (202) 
267-3485. 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. [[Page 18553]] 

The Proposal

    The FAA is considering an amendment to part 71 of the Federal 
Aviation Regulations (14 CFR part 71) to modify the Class C airspace 
area at Atlantic City International Airport, Atlantic City, NJ. The 
proposed modification would eliminate the 1-mile exclusion around 
Nordheim Flying K Airport due to its closure. The intended effect of 
this proposal is to return this airspace to the surface area of the 
established Class C airspace area, thereby completing the 5-mile radius 
around Atlantic City. Additionally, this proposed action would reduce 
controller workload. The coordinates for this airspace docket are North 
American Datum 83. Class C airspace designations are published in 
paragraph 4000 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 C airspace designation listed in this document would be 
subsequently published in the Order.

Regulatory Evaluation Summary

    Proposed changes to Federal regulations must undergo several 
economic analyses. First, Executive Order 12866 directs that each 
Federal agency shall propose or adopt a regulation only upon a reasoned 
determination that the benefits of the intended regulation justify its 
costs. Second, the Regulatory Flexibility Act of 1980 requires agencies 
to analyze the economic effect of regulatory changes on small entities. 
Third, the Office of Management and Budget directs agencies to assess 
the effect of regulatory changes on international trade. In conducting 
these analyses, the FAA has determined that this NPRM is not ``a 
significant regulatory action'' as defined in the Executive Order and 
the Department of Transportation Regulatory Policies and Procedures. 
This NPRM would not have a significant impact on a substantial number 
of small entities and would not constitute a barrier to international 
trade.
    This proposed rule would modify the Class C airspace area at 
Atlantic City International Airport, Atlantic City, NJ. This proposed 
action would delete the 1-mile exclusion around Nordheim Flying K 
Airport near Atlantic City.

Costs

    The FAA has determined that the implementation of the NPRM to 
modify the Class C airspace area at Atlantic City International Airport 
would result in little cost to either the agency or aircraft operators. 
The revision to aeronautical charts to reflect the airspace 
modification would be part of the routine and periodic updating of 
charts. Finally, the proposal would not cause the FAA to incur any 
additional administrative costs for either personnel or equipment.

Benefits

    The NPRM would generate benefits for system users and the FAA 
primarily in the form of air traffic control instructions. The proposed 
rule would provide additional controlled airspace for landing and 
departing at the Atlantic City International Airport.

Initial Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) was enacted by 
Congress to ensure that small entities are not unnecessarily and 
disproportionately burdened by Federal regulations. The RFA requires a 
Regulatory Flexibility Analysis if a NPRM would have ``a significant 
economic impact on a substantial number of small entities.'' FAA Order 
2100.14A outlines the FAA's procedures and criteria for implementing 
the RFA. Small entities are independently owned and operated small 
businesses and small not-for-profit organizations. A substantial number 
of small entities is defined as a number that is 11 or more and which 
is more than one-third of the small entities subject to this NPRM.
    The FAA has determined that revising the Class C airspace area at 
Atlantic City International Airport would not result in a significant 
economic impact on a substantial number of small entities. This 
determination was made because there are little or no costs to this 
proposed rule.

International Trade Impact Assessment

    This NPRM would not constitute a barrier to international trade, 
including the export of U.S. goods and services to foreign countries 
and the import of foreign goods and services into the United States. 
This NPRM would not impose costs on aircraft operators or aircraft 
manufacturers in the United States or foreign countries. The 
modification of Class C airspace would only affect U.S. terminal 
airspace operating procedures at and in the vicinity of Atlantic City, 
NJ. This NPRM would not have international trade ramifications because 
it is a domestic airspace matter that would not impose additional costs 
or requirements on affected entities.

List 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--[AMENDED]

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

    Authority: 49 U.S.C. app. 1348(a), 1354(a), 1510; E.O. 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 4000--Subpart C--Class C Airspace

* * * * *

AEA NJ C Atlantic City International Airport, NJ [Revised]

Atlantic City International Airport, NJ
    (Lat. 39 deg.27'27''N., long. 74 deg.34'38''W.)

    That airspace extending upward from the surface to and including 
4,100 feet MSL within a 5-mile radius of the Atlantic City 
International Airport; and that airspace extending upward from 1,300 
feet MSL to and including 4,100 feet MSL within a 10-mile radius of 
the airport.
* * * * *
    Issued in Washington, DC, on April 4, 1995.
Harold W. Becker,
Manager, Airspace--Rules and Aeronautical Information Division.

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[FR Doc. 95-8951 Filed 4-11-95; 8:45 am]
BILLING CODE 4910-13-C