[Federal Register Volume 74, Number 204 (Friday, October 23, 2009)]
[Proposed Rules]
[Pages 54763-54765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25519]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0750; Airspace Docket No. 09-AEA-16]


Establishment of Class D and E Airspace and Modification of Class 
E Airspace; State College, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class D and E airspace and 
modify existing Class E airspace at State College, PA. The University 
Park Airport is building a new air traffic control tower and the FAA is 
directed by law to establish and/or modify controlled surface airspace 
for the support of air traffic operations. This action would enhance 
the safety and airspace management around University Park Airport, 
State College, PA.

DATES: 0901 UTC. Comments must be received on or before December 7, 
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, SE., Washington, DC 20590-0001; Telephone: 1-
800-647-5527; Fax: 202-493-2251. You must identify the Docket Number 
FAA-2009-0750; Airspace Docket No. 09-AEA-16, 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.

[[Page 54764]]


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

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to comment on this rule 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, aeronautical, economic, environmental, and 
energy-related aspects of the proposal. Communications should identify 
both docket numbers and be submitted in triplicate to the address 
listed above. Those 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 Docket No. FAA-2009-0750; Airspace Docket No. 09-AEA-
16.'' The postcard will be date/time stamped and returned to the 
commenter. All communications received before the specified closing 
date for comments will be considered before taking action on the 
proposed rule. The proposal contained in this notice may be changed in 
light of the comments received. A report summarizing each substantive 
public contact with FAA personnel concerned with this rulemaking will 
be filed in the docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded from and 
comments submitted through 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/. Additionally, any person may obtain 
a copy of this notice by submitting a request to the Federal Aviation 
Administration (FAA), 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 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, Notice of 
Proposed Rulemaking Distribution System, which describes the 
application procedure.

The Proposal

    The FAA is considering an amendment to Title 14, Code of Federal 
Regulations (14 CFR) part 71 to establish Class D and E airspace and 
modify existing Class E airspace at State College, PA. Class D airspace 
and Class E airspace designated as an extension to a Class D surface 
area will be established as required by law to support the operation of 
the new air traffic control tower. During the airspace evaluation it 
was determined that the existing Class E airspace (E2), designated as a 
surface area for the airport, required minor modifications. This 
proposed rule also imparts a minor update to the geographical 
coordinates of the University Park Airport.
    Class D airspace designations, Class E surface airspace 
designations (E2) and Class E airspace designations as extensions to a 
Class D surface area (E4) are published in Paragraphs 5000, 6002 and 
6004, respectively, of FAA Order 7400.9T, signed August 27, 2009, and 
effective September 15, 2009, which is incorporated by reference in 14 
CFR 71.1. The Class D and E airspace designations 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. 
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 proposed rule, when promulgated, would 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 proposed 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 proposed regulation is within the scope 
of that authority as it proposes to establish Class D and E airspace 
and modify existing Class E airspace at State College, PA.

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

    1. The authority citation for part 71 will continue 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 7400.9T, Airspace Designations and 
Reporting Points, signed August 27, 2009, and effective September 15, 
2009, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AEA PA D State College, PA [NEW]

University Park Airport, PA
    (Lat. 40[deg]50[min]57[sec] N., long. 77[deg]50[min]55[sec] W.)

    That airspace extending upward from the surface up to and 
including 3,500 feet MSL within a 4.5-mile radius of the University 
Park Airport. This Class D airspace area is effective during 
specific dates and times established in advance by a Notice to 
Airmen. The effective date and time will thereafter be continuously 
published in the Airport/Facility Directory.
* * * * *

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

AEA PA E2 State College, PA [AMENDED]

University Park Airport, PA
    (Lat. 40[deg]50[min]57[sec] N., long. 77[deg]50[min]55[sec] W.)

    That airspace extending from the surface within a 4.5-mile 
radius of the University Park Airport; and 1.1 mile either side of 
the 302[deg] bearing from the airport, extending from the 4.5-mile 
radius to 5.9 miles northwest of the airport; and that airspace 2.5 
miles either

[[Page 54765]]

side of the 053[deg] bearing from the University Park Airport, 
extending from the 4.5-mile radius to 13.1 miles northeast of the 
airport. This Class E airspace area is effective during specific 
dates and times established in advance by a Notice to Airmen. The 
effective date and time will thereafter be continuously published in 
the Airport/Facility Directory.
* * * * *

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

* * * * *

AEA PA E4 State College, PA [NEW]

University Park, PA
    (Lat. 40[deg]50[min]57[sec] N., long. 77[deg]50[min]55[sec] W.)

    That airspace extending from the surface 1.1 mile either side of 
the 302[deg] bearing from the airport extending from the 4.5-mile 
radius to 5.9 miles northwest of the airport; and that airspace 2.5 
miles either side of the 053[deg] bearing from the University Park 
Airport extending from the 4.5-mile radius to 13.1 miles northeast 
of the airport. This Class E airspace area is effective during 
specific dates and times established in advance by a Notice to 
Airmen. The effective date and time will thereafter be continuously 
published in the Airport/Facility Directory
* * * * *

    Issued in College Park, Georgia, on October 15, 2009.
Michael Vermuth,
Acting Manager, Operations Support Group, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. E9-25519 Filed 10-22-09; 8:45 am]
BILLING CODE 4910-13-P