[Federal Register Volume 91, Number 58 (Thursday, March 26, 2026)]
[Rules and Regulations]
[Pages 14647-14648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-05859]
[[Page 14647]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2026-2808; Airspace Docket No. 26-AEA-6]
RIN 2120-AA66
Amendment of Class D and Class E4 Airspace; Caldwell, NJ
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action updates the geographic coordinates for Essex
County Airport, Caldwell, NJ, in the Class D and Class E4 airspace
legal descriptions. This action also replaces the reference to
``Airport/Facility Directory'' within the airspace legal descriptions
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 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 and Class E4
airspace extending upward from the surface at Essex County Airport,
Caldwell, NJ.
Incorporation by Reference
Class D and Class E4 airspace designations are published in
paragraphs 5000 and 6004 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 both the Class D and Class E4 airspace legal descriptions at Essex
County Airport, Caldwell, NJ. Accordingly, this action amends 14 CFR
part 71 by updating the airport's geographic coordinates, specifically
by changing the latitude from 40[deg]52'30'' N to 40[deg]52'31'' N,
which is a one second difference. Additionally, this action amends 14
CFR part 71 by 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 only involves
administrative changes, including the update of the airport's
geographic coordinates to change the latitude by one second, and
replacing the outdated ``Airport/Facility Directory'' term with ``Chart
Supplement.'' 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.
This action 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''.).
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
[[Page 14648]]
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 NJ D Caldwell, NJ [Amended]
Essex County Airport, NJ
(Lat. 40[deg]52'31'' 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 Chart Supplement.
* * * * *
Paragraph 6004 Class E Airspace Areas Designated as an Extension to
a Class D or Class E Surface Area.
* * * * *
AEA NJ E4 Caldwell, NJ [Amended]
Essex County Airport, NJ
(Lat. 40[deg]52'31'' N, long. 74[deg]16'53'' W)
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 Chart Supplement.
* * * * *
Issued in College Park, Georgia, on March 24, 2026.
Patrick Young,
Manager, Airspace & Procedures Team North, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2026-05859 Filed 3-25-26; 8:45 am]
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