[Federal Register Volume 77, Number 51 (Thursday, March 15, 2012)]
[Proposed Rules]
[Pages 15297-15298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6338]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-0217; Airspace Docket No. 12-AEA-2]


Proposed Establishment of Class D and E Airspace Amendment of 
Class E Airspace; East Hampton, NY

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 
amend existing Class E airspace at East Hampton, NY, to accommodate the 
new air traffic control tower at East Hampton Airport. Controlled 
airspace is necessary for the safety and management of instrument 
flight rules (IFR) operations at the airport. This action also would 
update the geographic coordinates of the airport's existing Class E 
airspace.

DATES: 0901 UTC. Comments must be received on or before April 30, 2012. 
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.

ADDRESSES: Send comments on this rule to: U.S. Department of 
Transportation, Docket Operations, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Ave. SE., Washington, DC 20590-0001; 
Telephone: 1-800-647-5527; Fax: 202-493-2251. You must identify the 
Docket Number FAA-2012-0217; Airspace Docket No. 12-AEA-2, 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 350, 1701 Columbia Avenue, College Park, Georgia 
30337.

FOR FURTHER INFORMATION CONTACT: John Fornito, Airspace Specialist, 
Operations Support Group, Eastern Service Center, Air Traffic 
Organization, Federal Aviation Administration, P.O. Box 20636, Atlanta, 
Georgia 30320; telephone (404) 305-6364.

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 (FAA docket number. FAA-2012-0217; Airspace Docket 
No. 12-AEA-2) and be submitted in triplicate to the Docket Management 
System (see ADDRESSES section for address and phone number). You may 
also submit comments through the Internet at http://www.regulations.gov. 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. 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 NPRM's 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 airspace, Class E 
surface area airspace and amend existing Class E airspace extending 
upward from 700 feet above the surface at East Hampton Airport, East 
Hampton, NY. Controlled airspace is necessary to support the operation 
of the new air traffic control tower, and would enhance the safety and 
management of IFR operations at the airport. Also, the geographic 
coordinates would be adjusted for the airport's existing controlled 
airspace area to be in concert with the FAAs aeronautical database.
    Class D and E airspace designations are published in Paragraphs 
5000, 6002, and 6005 respectively, of FAA Order 7400.9V, dated August 
9, 2011, and effective September 15, 2011, which is incorporated by 
reference in 14 CFR 71.1. The Class D and E airspace designations 
listed in this document will 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.

[[Page 15298]]

    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 would establish Class D and E airspace and 
amend existing Class E airspace at East Hampton Airport, East Hampton, 
NY.
    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies 
and Procedures'' prior to any FAA final regulatory action.

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 7400.9V, Airspace Designations and 
Reporting Points, dated August 9, 2011, and effective September 15, 
2011, is amended as follows:

Paragraph 5000 Class D airspace

* * * * *

AEA NY D East Hampton, NY [NEW]

East Hampton Airport, NY
    (Lat. 40[deg]57'34'' N., long. 72[deg]15'06'' W.)

That airspace extending upward from the surface up to and including 
2,500 feet MSL within a 4.8-mile radius of East Hampton 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 NY E2 East Hampton, NY [NEW]

East Hampton Airport, NY
    (Lat. 40[deg]57'34'' N., long. 72[deg]15'06'' W.)

That airspace extending upward from the surface within a 4.8-mile 
radius of East Hampton 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 6005 Class E airspace areas extending upward from 700 
feet or more above the surface of the earth.

* * * * *

AEA NY E5 East Hampton, NY [Amended]

East Hampton Airport, NY
    (Lat. 40[deg]57'34'' N., long. 72[deg]15'06'' W.)

That airspace extending upward from 700 feet above the surface 
within a 7.3-mile radius of East Hampton Airport.

    Issued in College Park, Georgia, on March 9, 2012.
Barry A. Knight
Manager, Operations Support Group, Eastern Service Center, Air Traffic 
Organization.
[FR Doc. 2012-6338 Filed 3-14-12; 8:45 am]
BILLING CODE 4910-13-P