[Federal Register Volume 74, Number 74 (Monday, April 20, 2009)]
[Rules and Regulations]
[Pages 17901-17902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8835]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0202; Airspace Docket 09-AEA-11]


Modification of Class D and Class E Airspace, Establishment of 
Class E Airspace; Binghamton, NY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule, request for comments.

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SUMMARY: This action modifies the Class D and E airspace at Binghamton 
Regional/Edwin A. Link Field Airport in Binghamton, NY. After the 
development of specific Approach Procedures (APs) at the airfield, it 
was determined the Class D and E Surface airspace should be modified to 
facilitate a more efficient operation. This rule increases the safety 
and management of the National Airspace System (NAS) around Binghamton 
Regional/Edwin A. Link Field.

DATES: Effective 0901 UTC, July 2, 2009. The Director of the Federal 
Register approves this incorporation by reference action under title 1, 
Code of Federal Regulations, part 51, subject to the annual revision of 
FAA Order 7400.9 and publication of conforming amendments. Comments 
should be received no later than June 4, 2009.

ADDRESSES: Send comments on this rule to: U.S. Department of 
Transportation, Docket Operations, West Building, Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001; 
Telephone: 1-800-647-5527; Fax: 202-493-2251. You must identify the 
Docket Number FAA-2009-0202; Airspace Docket No. 09-AEA-11, at the 
beginning of your comments. You may also submit and review received 
comments through the Internet at http://www.regulations.gov.
    You may review the public docket containing the rule, any comments 
received, and any final disposition in person in the Dockets Office 
(see ADDRESSES section for address and phone number) between 9 a.m. and 
5 p.m., Monday through Friday, except Federal Holidays.
    An informal docket may also be examined during normal business 
hours at the office of the Eastern Service Center, Federal Aviation 
Administration, Room 210, 1701 Columbia Avenue, College Park, Georgia 
30337.

FOR FURTHER INFORMATION CONTACT: Melinda Giddens, Operations Support, 
Eastern Service Center, Federal Aviation Administration, P.O. Box 
20636, Atlanta, Georgia 30320; telephone (404) 305-5610.

SUPPLEMENTARY INFORMATION: 

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse 
or negative comments, and, therefore, issues it as a direct final rule. 
The FAA has determined that this rule only involves an established body 
of technical regulations for which frequent and routine amendments are 
necessary to keep them operationally current. Unless a written adverse 
or negative comment or a written notice of intent to submit and adverse 
or negative comment is received within the comment period, the 
regulation will become effective on the date specified above. After the 
close of the comment period, the FAA will publish a document in the 
Federal Register indicating that no adverse or negative comments were 
received and confirming the effective date. If the FAA receives, within 
the comment period, an adverse or negative comment, or written notice 
of intent to submit such a comment, a document withdrawing the direct 
final rule will be published in the Federal Register, and a notice of 
proposed rulemaking may be published with a new comment period.

Comments Invited

    Although this action is in the form of a direct final rule, and was 
not preceded by a notice of proposed rulemaking, interested persons are 
invited to comment on this rule by submitting such written data, views, 
or arguments as they may desire. An electronic copy of this document 
may be downloaded from and comments may be submitted and reviewed at 
http://www.regulations.gov. Recently published rulemaking documents can 
also be accessed through the FAA's web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/. 
Communications should identify both docket numbers and be submitted in 
triplicate to the address specified under the caption ADDRESSES above 
or through the Web site. All communications received on or before the 
closing date for comments will be considered, and this rule may be 
amended or withdrawn in light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. Factual information that supports 
the commenter's ideas and suggestions is extremely helpful in 
evaluating the effectiveness of this action and determining whether 
additional rulemaking action would be needed. All comments submitted 
will be available, both before and after the closing date for comments, 
in the Rules Docket for examination by interested persons. Those 
wishing the FAA to acknowledge receipt of their comments submitted in 
response to this rule must submit a self-addressed, stamped postcard on 
which the following statement is made: ``Comments to Docket No. FAA-
2009-0202; Airspace Docket No. 09-AEA-11.'' The postcard will be date 
stamped and returned to the commenter.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR) 
part 71 modifies Class D and E4 airspace and

[[Page 17902]]

establishes Class E2 airspace at Binghamton, NY by expanding the 
controlled airspace, extending upward from the surface of the Earth to 
support IFR operations at Binghamton Regional/Edwin A. Link Field 
Airport to a 4.3-mile radius with minor extensions for arrivals.
    Class D, Class E2 and E4 airspace designations for airspace areas 
extending upwards from the surface of the Earth are published in 
Paragraph 5000, 6002 and 6004 respectively, of FAA Order 7400.9S, dated 
October 3, 2008, and effective October 31, 2008, which is incorporated 
by reference in 14 CFR 71.1. The Class D and E2 airspace designations 
listed in this document will be published subsequently in the Order.

Agency Findings

    The regulations adopted herein will not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among various levels of government. Therefore, it is 
determined that this final rule does not have federalism implications 
under Executive Order 13132.
    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. 
It, therefore, (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, when promulgated, will not have a significant 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the 
FAA is charged with prescribing regulations to assign the use of 
airspace necessary to ensure the safety of aircraft and the efficient 
use of airspace. This regulation is within the scope of that authority 
as it modifies the Class D, E2 and E4 airspace at Binghamton Regional/
Edwin A. Link Field Airport in Binghamton, NY.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration 
proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

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 Federal Aviation 
Administration Order 7400.9S, Airspace Designations and Reporting 
Points, dated October 3, 2008, and effective October 31, 2008, is 
amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AEA NY D Binghamton, NY [REVISED]

Binghamton Regional/Edwin A. Link Field Airport, Binghamton, NY
    (Lat. 42[deg]12[min]31[sec] N, long. 75[deg]58[min]47[sec] W)

    That airspace extending upward from the surface to and including 
4,100 feet MSL within a 4.3-mile radius of the Binghamton Regional/
Edwin A. Link Field Airport. This Class D airspace area is effective 
during the specific days and times established in advance by a 
Notice to Airmen. The effective days and times will thereafter be 
continuously published in the Airport/Facility Directory.
* * * * *

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

AEA NY E2 Binghamton, NY [NEW]

Binghamton Regional/Edwin A. Link Field Airport, Binghamton, NY
    (Lat. 42[deg]12[min]31[sec] N, long. 75[deg]58[min]47[sec] W)
Binghamton VORTAC
    (Lat. 42[deg]09[min]27[sec] N, long. 76[deg]08[min]11[sec] W)
SMITE LOM
    (Lat. 42[deg]06[min]17[sec] N, long. 75[deg]53[min]29[sec] W)
ILS Runway 34 Localizer
    (Lat. 42[deg]13[min]12[sec] N, long. 75[deg]59[min]15[sec] W)

    That airspace extending upward from the surface of the Earth 
within a 4.3-mile radius of the Binghamton Regional/Edwin A. Link 
Field Airport and within 1.6 miles each side of the 070[deg] bearing 
from the airport to 9.3 miles northeast of the airport and within 
1.8 miles each side of the Binghamton VORTAC 067[deg] bearing from 
the VORTAC to the 4.3-mile radius to the airport and within 1.8 
miles each side of the Binghamton Regional/Edwin A. Link Field 
Airport ILS LOC SE course extending from the 4.3-mile radius of the 
airport to 1.8 miles SE of the SMITE LOM. This Class E Surface 
airspace area is effective during the specific days and times 
established in advance by a Notice to Airmen. The effective days and 
times will thereafter be continuously published in the Airport/
Facility Directory.
* * * * *

Paragraph 6004 Class E Airspace Designated as an Extension to Class 
D Surface Areas.

* * * * *

AEA NY E4 Binghamton, NY [REVISED]

Binghamton Regional/Edwin A. Link Field Airport, Binghamton, NY
    (Lat. 42[deg]12[min]31[sec] N, long. 75[deg]58[min]47[sec] W)
Binghamton VORTAC
    (Lat. 42[deg]09[min]27[sec] N, long. 76[deg]08[min]11[sec] W)
SMITE LOM
    (Lat. 42[deg]06[min]17[sec] N, long. 75[deg]53[min]29[sec] W)
Binghamton Regional/Edwin A. Link Field Airport ILS Runway 34 
Localizer
    (Lat. 42[deg]13[min]12[sec] N, long. 75[deg]59[min]15[sec] W)

    That airspace extending upward from the surface within 1.6 miles 
each side of the 070[deg] bearing from the airport to 9.3 miles 
northeast of the airport and within 1.8 miles each side of the 
Binghamton VORTAC 067[deg] bearing from the VORTAC to the 4.3-mile 
radius to the airport and within 1.8 miles each side of the 
Binghamton Regional/Edwin A. Link Field Airport ILS LOC SE course 
extending from the 4.3-mile radius of the airport to 1.8 miles SE of 
the SMITE LOM. This Class E Surface airspace area is effective 
during the specific days and times established in advance by a 
Notice to Airmen. The effective days and times will thereafter be 
continuously published in the Airport/Facility Directory.
* * * * *

    Issued in College Park, Georgia, on April 2, 2009.
Myron A. Jenkins,
Acting Manager, Operations Support Group, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. E9-8835 Filed 4-17-09; 8:45 am]
BILLING CODE 4910-13-P