[Federal Register Volume 70, Number 68 (Monday, April 11, 2005)]
[Proposed Rules]
[Pages 18337-18338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7189]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2005-20673; Airspace Docket No. 05-AEA-06]


Proposed Amendment to Class E Airspace; Newburgh, 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 in the 
Newburgh, NY geographic area. The development of multiple area 
navigation (RNAV) Standard Instrument Approach Procedures (SIAP) for 
numerous airports within the Newburgh, NY metropolitan area with 
approved Instrument Flight Rules (IFR) operations and the resulting 
overlap of designated Class E-5 airspace have made this proposal 
necessary. The proposal would consolidate the Class E-5 airspace 
designations for ten airports and result in the rescission of four 
separate Class E-5 descritions through separate rulemaking action. The 
area would be depicted on aeronautical charts for pilot reference.

DATES: Comments must be received on or before May 11, 2005.

ADDRESSES: Send comments on the proposal to the Docket Management 
Sytem, U.S. Department of Transportation, Room Plaza 401, 400 Seventh 
Street, SW., Washington, DC 20590-0001. You must identify the docket 
number FAA-P2005-20673/Airspace Docket No. 05-AEA-06 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 1-800-64-5527) 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. Jordon, 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 each 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-
2005-20673/Airspace Docket No. 05-AEA-06.'' 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.fas.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 Managaement, 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 is 
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 
within the Newburgh, NY geographic area. The proposal would consolidate 
the following airport Class E-5 airspace designations into the 
Newburgh, NY designation: Joseph Y. Resnick Airport (N89), Ellenville, 
NY; Sullivan County International Airport (MSV), Monticello, NY; 
Monticello Airport (N37), NY; Stewart International Airport (SWF), 
Newburgh, NY; Orange County Airport (MGJ), NY; Randall Airport (06N), 
NY; Dutchess County Airport (POU), Poughkeepsie, NY; Sky Acres Airport 
(44N), NY; Stormville Airport (N69), NY; Wurtsboro-Sullivan County 
Airport (N82), Wurtsboro, NY. This action would result in the 
rescission of four Class E-5 designations under a separate docket. The 
affected airspace would subsequently be incorporated into the Newburgh, 
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

[[Page 18338]]

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 7400.9M, 
dated August 30, 2004, and effective September 16, 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 regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
Therefore, the 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 Regulation 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 purposes 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: 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 7400.9M, dated August 30, 2004, and 
effective September 16, 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 Newburgh, NY (Revised)

    That airspace extending upward from 700 feet above the surface 
within an area bounded by a line beginning at lat. 41[deg]23'15'' 
N., long. 74[deg]43'13'' W., to lat. 41[deg]47'24'' N., long. 
75[deg]03'06'' W., to lat. 41[deg]53'35'' N., long. 74[deg]51'10'' 
W., to lat. 41[deg]54'08'' N., long. 73[deg]30'07'' W., to lat. 
41[deg]38'33'' N., long. 73[deg]26'39'' W., to lat. 41[deg]21'22'' 
N., long. 73[deg]44'39'' W., to lat. 41[deg]26'08'' N., long. 
73[deg]52'54'' W., to the point of beginning, excluding that portion 
that coincides with Danbury, CT Class E airspace area.
* * * * *

    Issued in Jamaica, New York, on March 28, 2005.
John G. McCartney,
Acting Area Director, Eastern Terminal Operations.
[FR Doc. 05-7189 Filed 4-8-05; 8:45 am]
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