[Federal Register Volume 61, Number 3 (Thursday, January 4, 1996)]
[Rules and Regulations]
[Pages 255-257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-68]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71

[Airspace Docket No. 94-AWA-3]


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This amendment modifies the Class C airspace area at Atlantic 
City International Airport, Atlantic City, NJ. This action deletes the 
1-mile airspace exclusion around the Nordheim Flying K Airport due to 
its closure, and returns this airspace to the surface area of the Class 
C airspace. In addition, this action reduces controller workload.

EFFECTIVE DATE: 0901 UTC, February 29, 1996.

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:

History

    On April 12, 1995, the FAA proposed to amend 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 (60 FR 
18552). Interested parties were invited to participate in this 
rulemaking proceeding by submitting written comments on the proposal to 
the FAA. No comments were received concerning the proposal. Except for 
editorial changes, this amendment is the same as that proposed in the 
notice. Class C airspace designations are published in paragraph 4000 
of FAA Order 7400.9C dated August 17, 1995, and effective September 16, 
1995, which is incorporated by reference in 14 CFR 71.1. The Class C 
airspace designation listed in this document will be published 
subsequently in the Order.

The Rule

    This amendment to part 71 of the Federal Aviation Regulations (14 
CFR part 71) modifies the Class C airspace area at Atlantic City 
International Airport, Atlantic City, NJ, by eliminating the 1-mile 
radius airspace exclusion around the Nordheim Flying K Airport due to 
its closure. This amendment will return this airspace to the surface 
area of the Class C airspace.

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 

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trade. In conducting these analyses, the FAA has determined that this 
final rule is not ``a significant regulatory action'' as defined in the 
Executive Order and the Department of Transportation Regulatory 
Policies and Procedures.
    This final rule will modify the Class C airspace area at Atlantic 
City International Airport, Atlantic City, NJ. This action will delete 
the 1-mile airspace exclusion around Nordheim Flying K Airport and 
standardize air traffic operations.

Costs

    The FAA has determined that the implementation of the final rule to 
modify the Class C airspace area at Atlantic City International Airport 
will result in little or no cost to either the agency or aircraft 
operators. The elimination of the 1-mile airspace exclusion around the 
Nordheim Flying K Airport will not reduce aviation safety nor increase 
the risk of a mid-air collision because that airport is closed. Also, 
the revision to aeronautical charts to reflect the airspace 
modification will be part of the routine and periodic updating of 
charts. Finally, the FAA will not incur any additional administrative 
costs for either personnel or equipment.

Benefits

    The final rule will generate benefits for system users and the FAA 
primarily in the form of enhanced operational efficiency. The final 
rule will provide additional controlled airspace for aircraft landing 
and departing from the Atlantic City International Airport. Air traffic 
controllers will gain operational efficiency as they will be able to 
standardize traffic operations.

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 final rule will 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 final rule.
    The FAA determined that revising the Class C airspace area at 
Atlantic City International Airport will 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 associated 
with this final rule.

International Trade Impact Assessment

    This final rule will 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 final rule will not impose costs on aircraft operators or 
aircraft manufacturers in the United States or foreign countries. The 
modification of the Class C airspace area will only affect U.S. 
terminal airspace operating procedures at and in the vicinity of 
Atlantic City, NJ. This final rule will not have international trade 
ramifications because it is a domestic airspace matter that will not 
impose additional costs or requirements on affected entities.

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 14 CFR 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; 14 CFR 11.69.


Sec. 71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal 
Aviation Administration Order 7400.9C, Airspace Designations and 
Reporting Points, dated August 17, 1995, and effective September 16, 
1995, 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 December 20, 1995.
Harold W. Becker,
Manager, Airspace-Rules and Aeronautical Information Division.

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[FR Doc. 96-68 Filed 1-3-96; 8:45 am]
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