[Federal Register Volume 70, Number 109 (Wednesday, June 8, 2005)]
[Rules and Regulations]
[Pages 33347-33348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11327]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No.FAA-2005-20674; Airspace Docket No. 05-AEA-07]


Amendment of Class E Airspace; Newburgh, NY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

[[Page 33348]]

SUMMARY: This action removes the description of the Class E airspace 
designated for Joseph Y. Resnick Airport (N89), Ellenville, NY; 
Sullivan County International Airport (MSV), Monticello, NY; Monticello 
Airport (N37), NY; Stewart International Airport (SWF), Newburg, 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. The affected Class E-5 airspace for the airports 
included in these descriptions will be consolidated into the amended 
Newburgh, NY airspace description contained in Docket No. FAA-2005-
20673, Airspace Docket No. 05-AEA-06, effective September 1, 2005.

DATES: Effective date: September 1, 2005.
    Comment Date: Comments must be received on or before July 8, 2005.

ADDRESSES: Send comments on 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-2005-20674; Airspace Docket No. 05-AEA-07 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 Area Director, Eastern Terminal Operations, 
Federal Aviation Administration, 1 Aviation Plaza, Jamaica, NY 11434-
4890.

FOR FURTHER INFORMATION CONTACT: Mr. Francis Jordan, Airspace 
Specialist, Airspace and Operations, ETSU, 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 Class E airspace within New York, by 
consolidating that airspace into one description, and was not preceded 
by notice and public procedures, 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, 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 
Newburgh, NY area by removing the airspace designations for 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. It 
consolidates those airspace areas into the amended Newburgh, NY 
description. The proliferation of airports with Instrument Flight Rule 
(IFR) operations within the Newburgh, NY geographic area 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 Newburgh, 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 7400.9M, 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 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 operational 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

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.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9M, Airspace Designations and 
Reporting Points, dated August 30, 2004 and effective September 16, 
2004, 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 Ellenville, NY [Removed]

AEA NY E5 Monticello, NY [Removed]

AEA NY E5 Poughkeepsie, NY [Removed]

AEA NY E5 Wurtsboro, NY [Removed]

* * * * *

    Issued in Jamaica, New York, on May 31, 2005.
John G. McCartney,
Assistant Area Director, Eastern Terminal Operations.
[FR Doc. 05-11327 Filed 6-7-05; 8:45 am]
BILLING CODE 4910-13-M