[Federal Register Volume 90, Number 104 (Monday, June 2, 2025)]
[Rules and Regulations]
[Pages 23276-23277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09869]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2025-1092; Airspace Docket No. 25-AEA-10]
RIN 2120-AA66
Amendment of Class D and Class E Airspace Over Philadelphia, PA
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action changes the referenced Notice to Air Missions to
Notice to Airmen in the airspace description for both the Class D and E
airspace at Northeast Philadelphia Airport, Philadelphia, PA. This
action does not change the airspace boundaries or operating
requirements.
DATES: Effective date 0901 UTC, October 2, 2025. 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 JO 7400.11
and publication of conforming amendments.
ADDRESSES: A copy of this final rule and all background material may be
viewed online at www.regulations.gov using the FAA Docket number.
Electronic retrieval help and guidelines are available on the website.
It is available 24 hours each day, 365 days each year.
FAA Order JO 7400.11J, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Policy Directorate, Federal Aviation Administration,
600 Independence Avenue SW, Washington, DC 20597; Telephone: (202) 267-
8783.
FOR FURTHER INFORMATION CONTACT: Christopher Stocking, Operations
Support Group, Eastern Service Center, Federal Aviation Administration,
1701 Columbia Avenue, College Park, GA 30337; Telephone: (404) 305-
5887.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA's authority to issue rules regarding aviation safety is
found in
[[Page 23277]]
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
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 would amend Class D and Class E5 airspace description in
Philadelphia, PA.
Incorporation by Reference
Class D and Class E airspace designations are published in
paragraphs 5000, 6002, 6004, and 6005 of FAA Order JO 7400.11, Airspace
Designations and Reporting Points, which is incorporated by reference
in 14 CFR 71.1 on an annual basis. This document proposes to amend the
current version of that order, FAA Order JO 7400.11J, dated July 31,
2024, and effective September 15, 2024. These amendments will be
published in the next update to FAA Order JO 7400.11. FAA Order JO
7400.11J, which lists Class A, B, C, D, and E airspace areas, air
traffic service routes, and reporting points, is publicly available as
listed in the ADDRESSES section of this document.
The Rule
The FAA issued General Notice (GENOT) 25/02, NOTAM Term Change From
Notice to Air Missions to Notice to Airmen. This rule will change
Notice to Air Missions to Notice to Airmen in the airspace description
for both the Class D and E airspace at Northeast Philadelphia Airport,
Philadelphia, PA. This rule does not change the airspace boundaries or
operating requirements.
Good Cause for Bypassing Notice and Comment
The Administrative Procedure Act (APA) authorizes agencies to
dispense with ordinary notice and comment requirements for rules when
the agency for ``good cause'' finds that those procedures are
``impracticable, unnecessary, or contrary to the public interest.'' 5
U.S.C. 553(b)(B). Under this section, an agency, upon finding good
cause, may issue a final rule without first publishing a proposed rule.
This rule constitutes an administrative change that constitutes ``a
routine determination, insignificant in nature and impact, and
inconsequential to the industry and to the public.'' Mack Trucks, Inc.
v. EPA, 682 F.3d 87, 94 (D.C. Cir. 2012) (quoting Util. Solid Waste
Activities Grp. v. EPA, 236 F.3d 749, 755 (D.C. Cir. 2001)); see also
Attorney General's Manual on the Administrative Procedure Act (1947),
at 31; U.S. Department of Transportation (DOT) Order 2100.6B, paragraph
11.j(1)(b) (saying proposed rules are not required for ``[r]ules for
which notice and comment is unnecessary to inform the rulemaking, such
as rules correcting de minimis technical or clerical errors or rules
addressing other minor and insubstantial matters, provided the reasons
to forgo public comment are explained in the preamble to the final
rule''). This amendment will not impose any additional substantive
restrictions or requirements on the persons affected by these
regulations as it does not affect the airspace boundaries or operating
requirements. Accordingly, the FAA finds that notice and public comment
under 5 U.S.C. 553(b) is unnecessary.
Regulatory Notices and Analyses
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.
It, therefore, (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 will only affect air traffic
procedures and air navigation, it is certified that this proposed rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
Environmental Review
The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant the preparation of an
environmental assessment.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
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 part 71 continues to read as follows:
Authority: 49 U.S.C. 106(f), 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 JO
7400.11J, Airspace Designations and Reporting Points, dated July 31,
2024, and effective September 15, 2024, is amended as follows:
Paragraph 5000 Class D Airspace.
* * * * *
AEA PA D Philadelphia, PA
Northeast Philadelphia Airport, PA
(Lat. 40[deg]04'55'' N, long. 75[deg]00'38'' W)
That airspace extending upward from the surface to and including
2,600 feet MSL within a 5.6-mile radius of the Northeast
Philadelphia Airport. This Class D 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 Chart Supplement.
* * * * *
Paragraph 6002 Class E Airspace Areas Designated as Surface Areas.
* * * * *
AEA PA E2 Philadelphia, PA
Northeast Philadelphia Airport, PA
(Lat. 40[deg]04'55'' N, long. 75[deg]00'38'' W)
That airspace extending upward from the surface within a 5.6-
mile radius of the Northeast Philadelphia 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 Chart
Supplement.
* * * * *
Issued in College Park, Georgia, on May 27, 2025.
Patrick Young,
Manager, Airspace & Procedures Team North, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2025-09869 Filed 5-30-25; 8:45 am]
BILLING CODE 4910-13-P