[Federal Register Volume 91, Number 40 (Monday, March 2, 2026)]
[Rules and Regulations]
[Pages 9982-9983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-04082]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2026-2421; Airspace Docket No. 26-AEA-4]
RIN 2120-AA66
Amendment of Class D Airspace; Farmingdale, NY
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action updates the geographic coordinates for Republic
Airport, Farmingdale, NY. This action also replaces the reference to
``Airport/Facility Directory'' within the airspace legal description
with ``Chart Supplement.'' This action does not change the airspace
boundaries or operating requirements.
DATES: Effective date 0901 UTC, July 9, 2026. 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. An electronic
copy of this document may also be downloaded from
www.federalregister.gov.
FAA Order JO 7400.11K, 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: Marc Ellerbee, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; Telephone: (404) 305-5589.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
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
[[Page 9983]]
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 amends the legal description for Class D airspace
extending upward from the surface at Republic Airport, Farmingdale, NY.
Incorporation by Reference
Class D airspace is published in paragraph 5000 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 amends the current version of that order, FAA Order JO
7400.11K, dated August 4, 2025, and effective September 15, 2025. These
amendments will be published in the next update to FAA Order JO
7400.11. FAA Order JO 7400.11K, 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
An airspace review revealed that administrative updates were needed
for both the geographic coordinates and the FAA publication referenced
in the Class D airspace legal description at Republic Airport,
Farmingdale, NY. Accordingly, this action amends 14 CFR part 71 by
updating the airport's geographic coordinates and replacing ``Airport/
Facility Directory'' with ``Chart Supplement'' to comply with current
FAA policy.
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
subject to public notice and comment. 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 or amended
substantive restrictions or requirements on the persons affected by
these regulations as it does not affect the airspace boundaries or
operating requirements. The changes are ministerial in nature only.
Accordingly, the FAA finds good cause 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 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, when promulgated, does 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 1050.1G, ``FAA National Environmental Policy Act
Implementing Procedures'' paragraph B-2.5(a). 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 14 CFR 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 Federal Aviation
Administration Order JO 7400.11K, Airspace Designations and Reporting
Points, dated August 4, 2025, and effective September 15, 2025, is
amended as follows:
Paragraph 5000 Class D Airspace
* * * * *
AEA NY D Farmingdale, NY [Amended]
Republic Airport, NY
(Lat. 40[deg]43'45'' N, long. 73[deg]24'48'' W)
That airspace extending upward from the surface to and including
2,600 feet MSL within a 4.2-mile radius of Republic Airport
extending clockwise from the 065[deg] bearing to the 270[deg]
bearing and within a 5.3-mile radius of Republic Airport extending
clockwise from the 270[deg] to the 065[deg] bearing from the
airport. This Class D airspace area is effective during the times
and dates established in advance by a Notice to Airmen. The date and
time will thereafter be continuously published in the Chart
Supplement.
* * * * *
Issued in College Park, Georgia, on February 26, 2026.
Patrick Young,
Manager, Airspace & Procedures Team North, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2026-04082 Filed 2-27-26; 8:45 am]
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