[Federal Register Volume 68, Number 215 (Thursday, November 6, 2003)]
[Proposed Rules]
[Pages 62758-62759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27905]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 68, No. 215 / Thursday, November 6, 2003 / 
Proposed Rules  

[[Page 62758]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2003-16180; Airspace Docket No. 03-AEA-14]


Proposed Amendment to Class E Airspace; New York, NY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice proposes to amend the Class E airspace area at New 
York, NY. The development of multiple area naviagion (RNAV) Copter 
Standard Instrument Approach Procedures (SIAP) and the proliferation of 
airports within the metropolitan New York area with approved Instrument 
Flight Rules (IFR) operations and the resulting overlap of designated 
Class E-5 airspace has made this proposal necessary. The proposal would 
consolidate the Class E-5 airspace designations for twelve airports and 
result in the recision of five separate Class E-5 descriptions through 
separate rulemaking action. The area would be depicted on aeronautical 
charts for pilot reference.

DATES: Comments must be received on or before December 8, 2003.

ADDRESSES: Send comments on the proposal to the Docket Management 
System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh 
Street, SW., Washington, DC 20590-0001. You must identify the docket 
number FAA-2003-16180/Airspace Docket No. 03-AEA-14 at the beginning of 
your comments. You may also submit comments on the Internet at http://dms.dot.gov. You may review the public docket containing the proposal, 
any comments received, and any final disposition in person in the 
Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The Docket Office (telephone 1-800-647-5527) is on 
the plaza level of the Department of Transportation NASSIF Building at 
the above address.
    An informal docket may also be examined during normal business 
hours at the office of the Regional Air Traffic Division, Federal 
Aviation Administration, Eastern Region, 1 Aviation Plaza, Jamaica, NY 
11434-4809.

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

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, 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. FAA-
2003-16180/Airspace Docket No. 03-AEA-14.'' The postcard will be date/
time stamped and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
Internet at http://dms.dot.gov. Recently published rulemaking documents 
can also be accessed through the FAA's Web page at http://www.faa.gov 
or the Superintendent of Documents Web page at http://www.access.gpo.gov/nara. Additionally, any person may obtain a copy of 
this notice by submitting a request to the Office of Air Traffic 
Airspace Management, ATA-400, 800 Independence Avenue, SW., Washington, 
DC 20591 or by calling (202) 267-8783. Communications must identify 
both the docket numbers for this notice. Persons interested in being 
placed on a mailing list for future NPRMs should contact the FAA's 
Office of Rulemaking, (202) 267-9677 to request a copy of Advisory 
Circular No. 11-2A, which describes the application procedure.

The Proposal

    The FAA is considering an amendment to part 71 of the Federal 
Aviation Regulations (14 CFR Part 71) to amend the Class E airspace 
area at New York, NY. The proposal would consolidate the following 
Class E-5 airspace designations into the New York, NY designation: John 
F. Kennedy International Airport, NY; LaGuardia Airport, NY; Republic 
Airport, Farmingdale, NY; Westchester County Airport, White Plains, NY; 
Ossining, NY; Newark Liberty International Airport, NJ; Teterboro 
Airport, NJ; Morristown Municipal Airport, NJ; Essex County Airport, 
Caldwell, NJ; Lincoln Park Airport, NJ; Linden Airport, NJ; Greenwood 
Lake Airport, West Milford, NJ; Somerset Airport, Somerville, NJ; 
Sussex Airport, NJ; Aeroflex-Andover Airport, Andover, NJ; Old Bridge 
Airport, NJ; Princeton Airport, NJ; Solberg-Hunterdon Airport, 
Readington, NJ; Central Jersey Regional Airport, Manville, NJ. This 
action would result in the recision of twelve Class E-5 designations 
under a separate docket. The affected airspace would subsequently be 
incorporated into the New York, NY description. The airspace will be 
defined to accommodate the approaches and contain IFR operations to and 
from those airports. This change would have no impact on aircraft 
operations since the type of airspace designation is not changing. 
Furthermore, the IFR approach procedures for the individual airports 
within the area would not be affected. Class E airspace designations 
for airspace areas extending upward from 700 ft. or more above the 
surface are published in Paragraph 6005 of FAA Order 7400.9L, dated 
September 16, 2003 and effective September 15, 2004, which is 
incorporated by reference in 14 CFR 71.1. The Class E airspace 
designation listed in this document would be published subsequently in 
the Order.
    The FAA has determined that this proposed regulation only involves 
an established body of technical

[[Page 62759]]

regulations for which frequent and routine amendments are necessary to 
keep them operationally current. Therefore, this proposed 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 would only 
affect air traffic procedures and air navigation, it is certified that 
this proposed rule would 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, 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 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.


Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal 
Aviation Administration Order 7400.9L, dated September 16, 2003, and 
effective September 15, 2004, is proposed to be amended as follows:

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

AEA NY E5 New York, NY (Revised)

    That airspace extending upward from 700 feet above the surface 
within an area bounded by a line beginning at lat. 40[deg]49'00''N., 
long. 73[deg]17'02''W., to lat. 40[deg]36'00''N., long. 
73[deg]12'27''W., to lat. 40[deg]29'42''N., long. 73[deg]30'53''W., 
to lat. 40[deg]29'43''N., long. 73[deg]52'12''W., to lat. 
40[deg]15'00''N., long. 40[deg]00'00''W., to lat. 40[deg]14'32''N., 
long. 74[deg]29'47''W., to lat. 40[deg]24'45''N., long. 
74[deg]51'22''W., to lat. 41[deg]08'17''N., long. 75[deg]00'00''W., 
to lat. 41[deg]23'15''N., long. 74[deg]43'13''W., to lat. 
41[deg]26'08''N., long. 73[deg]52'54''W., to lat. 41[deg]16'48''N., 
long. 73[deg]34'53''W., to the point of beginnning excluding the 
airspace that coincides with the Wrightstown, NJ, Blairstown, NJ, 
Pittstown, NJ, Philadelphia, PA, Poughkeepsie, NY, Newburg, NY, and 
Danbury, CT Class E airspace areas.
* * * * *


    Issued in Jamaica, New York, on September 25, 2003.
Richard J. Dueharme,
Manager, Air Traffic Division, Eastern Region.
[FR Doc. 03-27905 Filed 11-5-03; 8:45 am]
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