[Federal Register Volume 78, Number 244 (Thursday, December 19, 2013)]
[Proposed Rules]
[Pages 76779-76781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30086]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0922; Airspace Docket No. 13-AWA-5]
RIN 2120-AA66


Proposed Modification of the Philadelphia, PA, Class B Airspace 
Area

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the description of Area G of the 
Philadelphia Class B airspace area to correct a design error that 
resulted in the Class B airspace being published 2.1 nautical miles 
(NM) larger on the southeast side of the area than intended. No other 
changes to the Philadelphia Class B airspace are being proposed.

DATES: Comments must be received on or before February 3, 2014.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE., 
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001; 
telephone: (202) 366-9826. You must identify FAA Docket No. FAA-2013-
0922 and Airspace Docket No. 13-AWA-5 at the beginning of your 
comments. You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy and 
Regulations Group, Office of Airspace Services, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591; 
telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking 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-2013-0922 and Airspace Docket No. 13-AWA-5) and be submitted in 
triplicate to the Docket Management Facility (see ADDRESSES section for 
address and phone number). You may also submit comments through the 
internet at http://www.regulations.gov.
    Commenters 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 Nos. FAA-2013-0922 and Airspace Docket No. 13-AWA-5.'' The 
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date 
for comments will be considered before taking action on the proposed 
rule. The proposal contained in this action may

[[Page 76780]]

be changed in light of comments received. All comments submitted will 
be available for examination in the public docket both before and after 
the closing date for comments. 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 through the 
Internet at http://www.regulations.gov.
    You may review the public docket containing the proposal, any 
comments received and any final disposition in person in the Dockets 
Office (see 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 210, 1701 Columbia Ave., College Park, GA 
30337.
    Persons interested in being placed on a mailing list for future 
NPRMs should contact the FAA's Office of Rulemaking, (202) 267-9677, 
for a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution System, which describes the application 
procedure.

Background

    On May 9, 2013, the FAA published a final rule modifying the 
Philadelphia Class B airspace area (78 FR 27025, July 25, 2013). After 
publication, it was found that Area G extended 2.1 NM farther southeast 
than intended from the Philadelphia International Airport. This was 
caused by the miscalculation of two points during the design of the 
Area G boundaries.

The Proposal

    The FAA is proposing to amend Title 14 Code of Federal Regulations 
(14 CFR) part 71 to correct two points used to define the boundaries of 
Area G in the description of the Philadelphia Class B airspace area. 
Specifically, the point that reads ``. . . the intersection of the PHL 
20-mile radius and the 136[deg] bearing from PHL . . .'' would be 
changed to read ``. . . the intersection of the 17.9-mile radius and 
the 138[deg] bearing from PHL. . . .'' This point appears in two places 
in the Area G description. In addition, the point that reads ``. . . 
the intersection of the PHL 20-mile radius and the 120[deg] bearing 
from PHL . . .'' would be changed to read ``. . . the intersection of 
the 20-mile radius and the 118[deg] bearing from PHL. . . .'' This 
point appears once in the Area G description. This change would result 
in a small reduction in the lateral dimensions of Class B airspace 
southeast of Philadelphia International Airport, near the Cross Keys 
Airport, NJ (17N).
    The FAA is not proposing modifications to any other parts of the 
Philadelphia Class B airspace area.
    All radials listed in this proposal stated in degrees relative to 
True North. All geographic coordinates are stated in degrees, minutes, 
and seconds based on North American Datum 83.
    Class B airspace areas are published in paragraph 3000 of FAA Order 
7400.9X, Airspace Designations and Reporting Points, dated August 7, 
2013, and effective September 15, 2013, which is incorporated by 
reference in 14 CFR section 71.1. The Class B airspace area listed in 
this document would be published subsequently in the Order.

Regulatory Evaluation Summary

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 and Executive Order 13563 direct 
that each Federal agency shall propose or adopt a regulation only upon 
a reasoned determination that the benefits of the intended regulation 
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. 
L. 96-354) requires agencies to analyze the economic impact of 
regulatory changes on small entities. Third, the Trade Agreements Act 
(Pub. L. 96-39) prohibits agencies from setting standards that create 
unnecessary obstacles to the foreign commerce of the United States. In 
developing U.S. standards, the Trade Act requires agencies to consider 
international standards and, where appropriate, that they be the basis 
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4) requires agencies to prepare a written assessment of 
the costs, benefits, and other effects of proposed or final rules that 
include a Federal mandate likely to result in the expenditure by State, 
local, or tribal governments, in the aggregate, or by the private 
sector, of $100 million or more annually (adjusted for inflation with 
base year of 1995). This portion of the preamble summarizes the FAA's 
analysis of the economic impacts of this proposed rule.
    Department of Transportation Order DOT 2100.5 prescribes policies 
and procedures for simplification, analysis, and review of regulations. 
If the expected cost impact is so minimal that a proposed or final rule 
does not warrant a full evaluation, this order permits that a statement 
to that effect and the basis for it to be included in the preamble if a 
full regulatory evaluation of the cost and benefits is not prepared. 
Such a determination has been made for this proposed rule. The 
reasoning for this determination follows:
    This proposal would amend the description of Area G of the 
Philadelphia Class B area to correct a design error that resulted in 
the Class B airspace being published 2.1 NM larger than intended on the 
southeast side of the area.
    This proposed rule has the following benefits.
    1. It would improve the flow of air traffic, enhance safety, and 
reduce the potential for midair collision in the Philadelphia Class B 
airspace.
    2. It would continue to ensure the containment of large turbine-
powered aircraft within Class B airspace as required by FAA directive.
    3. It would provide VFR aircraft with additional non-Class B 
airspace.
    4. It would enhance the safety and efficient management of aircraft 
operations in the Philadelphia terminal area.
    The FAA believes that this proposed rule would result in minimal 
costs.
    The FAA has, therefore, determined that this proposed rule is not a 
``significant regulatory action'' as defined in section 3(f) of 
Executive Order 12866, and is not ``significant'' as defined in DOT's 
Regulatory Policies and Procedures.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation.'' To achieve this principle, agencies are 
required to solicit and consider flexible regulatory proposals and to 
explain the rationale for their actions to assure that such proposals 
are given serious consideration.'' The RFA covers a wide-range of small 
entities, including small businesses, not-for-profit organizations, and 
small governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to 
have a significant economic impact on a

[[Page 76781]]

substantial number of small entities, section 605(b) of the RFA 
provides that the head of the agency may so certify and a regulatory 
flexibility analysis is not required. The certification must include a 
statement providing the factual basis for this determination, and the 
reasoning should be clear.
    The FAA believes the proposed rule would not have a significant 
economic impact on a substantial number of small entities, as the 
economic impact is expected to be minimal. If an agency determines that 
a rulemaking will not result in a significant economic impact on a 
substantial number of small entities, the head of the agency may so 
certify under section 605(b) of the RFA. Therefore, as provided in 
section 605(b), the head of the FAA certifies that this rulemaking will 
not result in a significant economic impact on a substantial number of 
small entities.

International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to these Acts, the establishment of standards is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such as the protection of safety, and does not operate in a 
manner that excludes imports that meet this objective. The statute also 
requires consideration of international standards and, where 
appropriate, that they be the basis for U.S. standards.
    The FAA has assessed the potential effect of this proposed rule and 
determined that it will enhance safety and is not considered an 
unnecessary obstacle to trade.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a proposed or final 
agency rule that may result in an expenditure of $100 million or more 
(in 1995 dollars) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $143.1 million in lieu of $100 
million.
    This proposed rule does not contain such a mandate; therefore, the 
requirements of Title II of the Act do not apply.

Environmental Review

    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.

List 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 the Federal 
Aviation Administration Order 7400.9X, Airspace Designations and 
Reporting Points, dated August 7, 2013, and effective September 15, 
2013, is amended as follows:

Paragraph 3000 Subpart B--Class B Airspace.

* * * * *

AEA PA B Philadelphia, PA [Amended]

Philadelphia International Airport, PA (Primary Airport)
    (Lat. 39[deg]52'20'' N., long. 75[deg]14'27'' W.)
Northeast Philadelphia Airport, PA
    (Lat. 40[deg]04'55'' N., long. 75[deg]00'38'' W.)
Cross Keys Airport, NJ
    (Lat. 39[deg]42'20'' N., long. 75[deg]01'59'' W.)
    Boundaries.
    By removing the current description of Area G and adding in its 
place:
    Area G. That airspace extending upward from 3,500 feet MSL to 
and including 7,000 feet MSL within a 20-mile radius of PHL, 
excluding that airspace south of a line beginning at the 
intersection of the PHL 20-mile radius and the 158[deg] bearing from 
PHL, thence direct to the intersection of the PHL 17.9-mile radius 
and the 138[deg] bearing from PHL, and that airspace bounded by a 
line beginning at the intersection of the PHL 17.9-mile radius and 
the 138[deg] bearing from PHL, thence direct to the intersection of 
the PHL 15-mile radius and the 141[deg] bearing from PHL, thence 
direct to the intersection of the Cross Keys Airport (17N) 1.5-mile 
radius and the 212[deg] bearing from 17N, thence clockwise via the 
1.5-mile radius of 17N to the 257[deg] bearing from 17N, thence 
direct to the intersection of the 17N 1.5-mile radius and the 
341[deg] bearing from 17N, thence clockwise via the 1.5-mile radius 
of 17N to the 011[deg] bearing from 17N, thence direct to the 
intersection of the PHL 15-mile radius and the 127[deg] bearing from 
PHL, thence direct to the intersection of the PHL 20-mile radius and 
the 118[deg] bearing from PHL, and Areas A, B, C, D, E and F.
* * * * *

    Issued in Washington, DC, on December 11, 2013.
Ellen Crum,
Acting Manager, Airspace Policy and Regulations Group.
[FR Doc. 2013-30086 Filed 12-18-13; 8:45 am]
BILLING CODE 4910-13-P