[Federal Register Volume 68, Number 242 (Wednesday, December 17, 2003)]
[Rules and Regulations]
[Pages 70138-70139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31025]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2003-16614; Airspace Docket No. 03-AEA-17]


Amendment of Class E Airspace; New York, and New Jersey

AGENCY: Federal Aviation Administration (FAA) DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This action removes the description of the Class E airspace 
designated for Republic Airport, Farmingdale, NY; Westchester County 
Airport, White Plains, NY; Ossining, NY; Linden Airport, NJ; Greenwood 
Lake Airport, West Milford, NJ; Somerset Airport, Sommerville, 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. The 
affected Class E-5 airspace for the airport included in these 
descriptions will be consolidated into the New York, NY airspace 
description contained in Docket No. FAA-2003-16180; Airspace Docket No. 
03-AEA-14, effective June 10, 2004.

DATES: Effective date: April 15, 2004.
    Comment Date: Comments must be received on or before February 19, 
2004.

ADDRESSES: Send comments of the rule 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-2003-16614/Airspace Docket No. 03-AEA-17 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 rule, any 
comments received, and any final disposition in person in the Docket 
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 
11434-4890.

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

SUPPLEMENTARY INFORMATION: Although this action is a final rule, which 
involves the amendment of Class E airspace within New York, and New 
Jersey, by consolidating that airspace into one description, 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 proceedings 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) amends the description of Class E airspace in the New 
York, NY area by removing the airspace designations for Babylon, NY; 
Ossining, NY; White Plains, NY; Andover, NJ; Linden, NJ; Manville, NJ; 
Old Bridge, NJ; Princeton, NJ; Readington, NJ; Somerville, NJ; Sussex, 
NJ; and West Milford, NJ. It consolidates those airspace areas into the 
New York, NY description. The proliferation of airports with Instrument 
Flight Rule (IFR) operations in the vicinity of New York, NY has 
resulted in the overlap of numerous Class E airspace areas that 
complicate the chart depictions. This action clarifies the airspace and 
diminishes the scope and complexity of charting. The IFR airports 
within those areas will be incorporated into the New York, NY Class E 
airspace area. Accordingly, since this action merely consolidates these 
airspace areas into one airspace designation and has inconsequential 
impact on aircraft operations in the area, notice and public procedure 
under 5 U.S.C. 553(b) are unnecessary.
    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 7400.9L, dated September 2, 2003, and 
effective September 16, 2003, 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.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

[[Page 70139]]

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

0
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. 389.


Sec.  71  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9L, Airspace Designations and 
Reporting Points, dated September 2, 2003 and effective September 16, 
2003, 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 Babylon, NY [Removed]
AEA NY E5 Ossining, NY [Removed]
AEA NY E5 White Plains, NY [Removed]
AEA NJ E5 Andover, NJ [Removed]
AEA NJ E5 Linden, NJ [Removed]
AEA NJ E5 Manville, NJ [Removed]
AEA NJ E5 Old Bridge, NJ [Removed]
AEA NJ E5 Princeton, NJ [Removed]
AEA NJ E5 Readington, NJ [Removed]
AEA NJ E5 Somerville, NJ [Removed]
AEA NJ E5 Sussex, NJ [Removed]
AEA NJ E5 West Milford, NJ [Removed]
* * * * *

    Issued in Jamaica, New York on December 8, 2003.
John G. McCartney,
Assistant Manager, Air Traffic Division, Eastern Region.
[FR Doc. 03-31025 Filed 12-16-03; 8:45 am]
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