[Federal Register Volume 79, Number 101 (Tuesday, May 27, 2014)]
[Rules and Regulations]
[Pages 30019-30021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11995]


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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


Modification of the Philadelphia, PA, Class B Airspace Area

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

DATES: Effective date 0901 UTC, July 24, 2014. The Director of the 
Federal Register approves this incorporation by reference action under 
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and 
publication of conforming amendments.

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: 

History

    The FAA published in the Federal Register a notice of proposed 
rulemaking (NPRM) to modify Area G of the Philadelphia, PA, Class B 
airspace area (78 FR 76779, December 19, 2013). Interested parties were 
invited to participate in this rulemaking effort by submitting written 
comments on the proposal. No comments were received.

The Rule

    The FAA is amending 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. . .'' is 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. . .'' is 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 results in a small 
reduction in the lateral dimensions of Class B airspace, southeast of 
Philadelphia International Airport, near the Cross Keys Airport, NJ 
(17N). This action does not modify any other parts of the Philadelphia 
Class B airspace area.
    Class B airspace areas are published in paragraph 3000 of FAA Order 
7400.9X dated August 7, 2013, and effective September 15, 2013, which 
is incorporated by reference in 14 CFR 71.1. The Class B airspace area 
listed in this document will be published subsequently in the Order.
    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. 
Therefore, this regulation: (1) Is not a ``significant regulatory 
action'' under Executive Order 12866; (2) is not a ``significant rule'' 
under Department of Transportation (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 only affects air traffic 
procedures and air navigation, it is certified that this rule 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 
the 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 makes editorial corrections to an existing Class B 
airspace description to maintain accuracy.

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 
(Public Law 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 final 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 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

[[Page 30020]]

final rule. The reasoning for this determination follows:
    In conducting these analyses, the FAA has determined that this 
final rule:
    (1) Imposes minimal incremental costs and provides benefits;
    (2) Is not an economically ``significant regulatory action'' as 
defined in section 3(f) of Executive Order 12866;
    (3) Is not significant as defined in DOT's Regulatory Policies and 
Procedures;
    (4) Will not have a significant economic impact on a substantial 
number of small entities;
    (5) Will not have a significant effect on international trade; and
    (6) Will not impose an unfunded mandate on state, local, or tribal 
governments, or on the private sector by exceeding the monetary 
threshold identified.
    These analyses are summarized below.

The Action

    This final rule action modifies the Philadelphia, PA, Class B 
airspace area by reducing the size of Area G in the description of the 
Philadelphia Class B airspace area.

Benefits of the Final Rule Action

    Reducing the size of the Class B airspace area increases the 
airspace available to aircraft that do not need to use Class B 
airspace.

Costs of the Action

    The final rule action has no costs.

Outcome of the Final Rule

    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. 
There the FAA has determined that this final rule is not a 
``significant regulatory action ``as defined in Section 3(f) of 
Executive 12866, and is not ``significant'' as defined in DOT's 
Regulatory Policies and Procedures.
    The FAA received no comments on the regulatory evaluation for the 
NPRM.

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 objective of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the business, organizations, and governmental jurisdictions subject 
to regulation.'' To achieve that principle, the RFA requires agencies 
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 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.
    This final rule is a routine matter that only affects air traffic 
procedures and air navigation and has no costs.
    The FAA received no comments on the Initial Regulatory 
Determination, accepts the determination of no significant economic 
impact. 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 received no comments on the proposed determination of no 
impact. Therefore, the FAA has determined that this final rule will 
have no impact on international trade because it reduces Class B 
airspace in the Philadelphia area.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Public Law 
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 $151.0 million in lieu of $100 
million. This final rule does not contain such a mandate; therefore, 
the requirements of Title II of the Act do not apply.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1E, ``Environmental Impacts: Policies and 
Procedures,'' paragraph 311a. This action is not expected to cause any 
potentially significant environmental impacts, and no extraordinary 
circumstances exist that warrant preparation of an environmental 
assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 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 14 CFR 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 FAA Order 7400.9X, 
Airspace Designations and Reporting Points, signed 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

[[Page 30021]]

    (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 May 19, 2014.
Gary A. Norek,
Manager, Airspace Policy and Regulations Group.
[FR Doc. 2014-11995 Filed 5-23-14; 8:45 am]
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