[Federal Register Volume 68, Number 88 (Wednesday, May 7, 2003)]
[Rules and Regulations]
[Pages 24340-24341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11232]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2003-14735; Airspace Docket No. 03-AEA-02]


Amendment of Class D Airspace, Rome, NY

AGENCY: Federal Aviation Administration (FAA) DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment removes the description of the Class D airspace 
designated for Rome, NY. The commissioning of the Airport Traffic 
Control Tower (ATCT) at Griffiss Airpark, Rome, NY has been delayed 
indefinitely. Therefore, the Class D airspace designated for Griffiss 
Airpark cannot be supported and will be removed.

DATES: May 7, 2003.

ADDRESSES: Send comments on the rule in triplicate to: Manager, 
Airspace Branch, AEA-520, Docket No. FAA-2003-14735; Airspace Docket 
No. 03-AEA-02, FAA Eastern Region, 1 Aviation Plaza, Jamaica, NY 11434-
4809.
    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 D at Rome, NY, by removing that 
airspace designated for Griffiss Airpark, and was not preceded by 
notice and public procedure, comments are invited on 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, environmental, and energy-related aspects of the rule 
which might suggest the need to modify the rule.

[[Page 24341]]

History

    Federal Register document 02-29902, Airspace Docket No. 02-AEA-13, 
published in the Federal Register on November 25, 2002 (67 FR 70533-
70534) established the description of the Class D airspace area at 
Room, NY. Federal Register document 03-6333, Airspace Docket No. 02-
AEA-13, published in the Federal Register on March 17, 2003 (68 FR 
12582-12583) delayed the effective date of the establishment of the 
Class D airspace at Rome, NY. Subsequently, the commissioning date for 
the ATCT has been delayed indefinitely and the need for Class D 
airspace cannot be supported.

The Rule

    This amendment to part 71 of the Federal Aviation Regulations (14 
CFR part 71) removes the description of the Class D airspace at Rome, 
NY, by removing that airspace designated for Griffiss Airpark. The 
commissioning of the ATCT has been delayed indefinitely. As a result 
the Rome, NY, Class D airspace is no longer required for air safety. 
Class D airspace designations for airspace extending upward from the 
surface of the earth are published in paragraph 5000 of FAA Order 
7400.9K, dated August 30, 2002, and effective September 16, 2002, which 
is incorporated by reference in 14 CFR 71.1.
    Under the circumstances presented, the FAA concludes that the more 
restrictive Class D airspace at Rome, NY is no longer supported and the 
flight rules pertinent to Class E airspace should apply. Accordingly, 
since this action merely reverts the Rome, NY, Class D airspace to 
Class E, notice and public procedure under 5 U.S.C. 553(b) are 
unnecessary.
    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]

0
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. 289.


Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9K, Airspace Designations and 
Reporting Points, dated August 30, 2002 and effective September 16, 
2002, is amended as follows:

Paragraph 5000 Class D airspace areas extending upward from the 
surface of the earth.

* * * * *

AEA NY D Rome, NY [Removed]

* * * * *

    Dated: Issued in Jamaica, New York on April 17, 2003.
Loretta Martin,
Acting Assistant Manager, Air Traffic Division, Eastern Region.
[FR Doc. 03-11232 Filed 5-6-03; 8:45 am]
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