[Federal Register Volume 67, Number 152 (Wednesday, August 7, 2002)]
[Rules and Regulations]
[Page 51074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19677]



[[Page 51074]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 02-AEA-08]


Amendment of Class E Airspace, Dunkirk, NY

AGENCY: Federal Aviation Administration (FAA) DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This action amends the description of the Class E airspace 
designated for Dunkirk, NY. Angola airport has been closed and the 
Standard Instrument Approach Procedures (SIAP) for this airport have 
been canceled. Class E airspace for Angola Airport is no longer needed.

EFFECTIVE DATE: October 3, 2002.
    Comment Date: Comments must be received on or before August 15, 
2002.

ADDRESSES: Send comments on the rule in triplicate to: Manager, 
Airspace Branch, AEA-520, Docket No. 02-AEA-08, FAA Eastern Region, 1 
Aviation Plaza, Jamaica, NY 11434-4890.
    The official docket may be examined in the Office of the Regional 
Counsel, AEA-7, FAA Eastern Region, 1 Aviation Plaza, Jamaica, NY 
11434-4809; telephone: (718) 553-3255.
    An informal docket may also be examined during normal business 
hours at the address listed above.

FOR FURTHER INFORMATION CONTACT: Mr. Francis Jordan, Airspace 
Specialist, Airspace Branch, AEA-520, Air Traffic Division, Eastern 
Region, Federal Aviation Administration, 1 Aviation Plaza, Jamaica, NY 
11434-4809, telephone: (718) 553-4521.

SUPPLEMENTARY INFORMATION: Although this action is a final rule, which 
involves the amendment of the Class E airspace at Dunkirk, NY, by 
revoking that airspace designated for Angola Airport, 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 proceeding to extend the effective date 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) changes the description of the Class E airspace at 
Dunkirk, NY, by revoking that airspace designated for Angola Airport. 
The Angola airport has been closed and abandoned for aeronautical use. 
As a result the Angola Airport Class E airspace is no longer required 
for air safety. Class E airspace designations for airspace extending 
upward from 700 feet or more above the surface of the earth are 
published in paragraph 6005 of FAA Order 7400.9J, dated August 31, 
2001, and effective September 16, 2001, which is incorporated by 
reference in 14 CFR 71.1. The Class E airspace designation listed in 
this document will be published subsequently in the Order.
    Under the circumstances presented, the FAA concludes that there is 
a need to amend the description of the Class E airspace area at 
Dunkirk, NY to ensure public access to that airspace designated for the 
Angola Airport. Accordingly, since this action merely involves a change 
in the legal description of the Dunkirk, NY, Class E airspace, revoking 
that airspace designated for the Angola airport, notice and public 
procedure under 5 U.S.C. 553(b) are unnecessary. Furthermore, in order 
to incorporate this change into the next sectional chart and avoid 
confusion on the part of pilots, I find that good cause exists, 
pursuant to 5 U.S.C 553(d), for making this amendment effective as soon 
as possible.
    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. 
Therefore, this regulation: (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 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, Incorporated 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. 106(g), 40103, 40113, 40120; E.O. 10854; 24 
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.


Sec. 71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9J, Airspace Designations and 
Reporting Points, dated August 31, 2001 and effective September 16, 
2001, is amended as follows:

Paragraph 6005  Class E airspace areas extending from 700 feet or 
more above the surface of the earth.

* * * * *

AEA NY E5  Dunkirk, NY [Revised]

Chautauqua County/Dunkirk Airport, NY
    (Lat. 42 deg.29'36" N, long. 79 deg.16'19" W)

    That airspace extending upward from 700 feet above the surface 
within a 6.6-mile radius of Chautauqua County/Dunkirk Airport and 
within an 11.8-mile radius of the airport extending clockwise from a 
022 deg. to a 264 deg. bearing from the airport.
* * * * *

    Issued in Jamaica, New York on July 16, 2002.
F.D. Hatfield,
Manager, Air Traffic Division, Eastern Region.
[FR Doc. 02-19677 Filed 8-6-02; 8:45 am]
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