[Federal Register Volume 78, Number 16 (Thursday, January 24, 2013)]
[Proposed Rules]
[Pages 5149-5151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01317]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-0609; Airspace Docket No. 12-AEA-10]


Proposed Amendment of Class D and Class E Airspace; Caldwell, NJ

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class D and Class E Airspace at 
Caldwell, NJ, as the Paterson Non-Directional Radio Beacon (NDB) has 
been decommissioned and new Standard Instrument Approach Procedures 
have been developed at Essex County Airport. This action would enhance 
the safety and airspace management of Instrument Flight Rules (IFR) 
operations at the airport.

DATES: Comments must be received on or before March 11, 2013.

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-2012-0609; Airspace Docket No. 12-AEA-10, at the beginning of your 
comments. You may also submit and review received comments through the 
Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support 
Group, Eastern Service Center, Federal Aviation Administration, P.O. 
Box 20636,

[[Page 5150]]

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 No. 
FAA-2012-0609; Airspace Docket No. 12-AEA-10) 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.
    Persons wishing the FAA to acknowledge receipt of their comments on 
this action must submit with those comments a self-addressed stamped 
postcard on which the following statement is made: ``Comments to Docket 
No. FAA-2012-0609; Airspace Docket No. 12-AEA-10.'' 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/.
    You may review the public docket containing the proposal, any 
comments received, and any final disposition in person in the Dockets 
Office (see the ADDRESSES section for address and phone number) between 
9:00 a.m. and 5:00 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.
    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 amend Class D airspace and Class E 
airspace designated as an extension to Class D surface area, to support 
new Standard Instrument Approach Procedures developed at Essex County 
Airport, Caldwell, NJ. Airspace reconfiguration is necessary due to the 
decommissioning of the Paterson NDB and cancellation of the NDB 
approach, and for continued safety and management of IFR operations at 
the airport.
    Class D and Class E airspace designations are published in 
Paragraph 5000 and 6004, respectively, of FAA Order 7400.9W, dated 
August 8, 2012, and effective September 15, 2012, 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 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 would amend Class D and Class E airspace at 
Essex County Airport, Caldwell, NJ.
    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

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 7400.9W, Airspace Designations and Reporting 
Points, dated August 8, 2012, effective September 15, 2012, is amended 
as follows:

Paragraph 5000 Class D airspace.

* * * * *

AEA NJ D Caldwell, NJ [Amended]

Essex County Airport, Caldwell, NJ
    (Lat. 40[deg]52'30'' N., long. 74[deg]16'53'' W.)

    That airspace extending upward from the surface up to and 
including 2,700 feet MSL within a 4.1-mile radius of Essex County 
Airport, excluding the portion that coincides with Morristown, NJ 
Class D airspace area.. 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 6004 Class E airspace designated as an extension to a 
class D surface area.

* * * * *

AEA NJ E4 Caldwell, NJ [Amended]

Essex County Airport, Caldwell, NJ
    (Lat. 40[deg]52'30'' N., long. 74[deg]16'53'' W.)


[[Page 5151]]


    That airspace extending upward from the surface within 2 miles 
each side of a 030[deg] bearing from the Essex County Airport, 
extending from the 4.1-mile radius of the airport to 7 miles 
northeast of the airport. This Class E airspace area is effective 
during the 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 December 12, 2012.
Barry A. Knight,
Manager, Operations Support Group, Eastern Service Center, Air Traffic 
Organization.
[FR Doc. 2013-01317 Filed 1-23-13; 8:45 am]
BILLING CODE 4910-13-P