[Federal Register Volume 60, Number 70 (Wednesday, April 12, 1995)]
[Proposed Rules]
[Pages 18552-18554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8951]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Airspace Docket No. 94-AWA-3]
Proposed Modification of the Atlantic City International Airport
Class C Airspace Area; NJ
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This proposed rule would modify the Class C airspace area at
Atlantic City International Airport, Atlantic City, NJ. This proposed
action would delete the 1-mile exclusion around Nordheim Flying K
Airport because of its closure, and return this airspace to the surface
area of the Class C airspace. In addition, this proposed action would
reduce controller workload.
DATES: Comments must be received on or before June 13, 1995.
ADDRESSES: Send comments on the proposal in triplicate to: Federal
Aviation Administration, Office of the Chief Counsel, Attention: Rules
Docket [AGC-200], Airspace Docket No. 94-AWA-3, 800 Independence
Avenue, SW., Washington, DC 20591.
The official docket may be examined in the Rules Docket, Office of
the Chief Counsel, Room 916, weekdays, except Federal holidays, between
8:30 a.m. and 5 p.m.
An informal docket may also be examined during normal business
hours at the office of the Regional Air Traffic Division.
FOR FURTHER INFORMATION CONTACT: William C. Nelson, Airspace and
Obstruction Evaluation Branch (ATP-240), Airspace--Rules and
Aeronautical Information Division, Air Traffic Rules and Procedures
Service, Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591; telephone: (202) 267-9295.
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 the airspace docket number and be
submitted in triplicate to the address listed above. Commenters wishing
the FAA to acknowledge receipt of their comments on this notice must
submit with those comments a self-addressed, stamped postcard on which
the following statement is made: ``Comments to Airspace Docket No. 94-
AWA-3.'' 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 notice may be changed
in light of comments received. All comments submitted will be available
for examination in the Rules 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 NPRM's
Any person may obtain a copy of this Notice of Proposed Rulemaking
(NPRM) by submitting a request to the Federal Aviation Administration,
Office of Public Affairs, Attention: Public Inquiry Center, APA-220,
800 Independence Avenue, SW., Washington, DC 20591, or by calling (202)
267-3485. Communications must identify the notice number of this NPRM.
Persons interested in being placed on a mailing list for future NPRM's
should also request a copy of Advisory Circular No. 11-2A, which
describes the application procedure. [[Page 18553]]
The Proposal
The FAA is considering an amendment to part 71 of the Federal
Aviation Regulations (14 CFR part 71) to modify the Class C airspace
area at Atlantic City International Airport, Atlantic City, NJ. The
proposed modification would eliminate the 1-mile exclusion around
Nordheim Flying K Airport due to its closure. The intended effect of
this proposal is to return this airspace to the surface area of the
established Class C airspace area, thereby completing the 5-mile radius
around Atlantic City. Additionally, this proposed action would reduce
controller workload. The coordinates for this airspace docket are North
American Datum 83. Class C airspace designations are published in
paragraph 4000 of FAA Order 7400.9B dated July 18, 1994, and effective
September 16, 1994, which is incorporated by reference in 14 CFR 71.1.
The Class C airspace designation listed in this document would be
subsequently published in the Order.
Regulatory Evaluation Summary
Proposed changes to Federal regulations must undergo several
economic analyses. First, Executive Order 12866 directs 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 requires agencies
to analyze the economic effect of regulatory changes on small entities.
Third, the Office of Management and Budget directs agencies to assess
the effect of regulatory changes on international trade. In conducting
these analyses, the FAA has determined that this NPRM is not ``a
significant regulatory action'' as defined in the Executive Order and
the Department of Transportation Regulatory Policies and Procedures.
This NPRM would not have a significant impact on a substantial number
of small entities and would not constitute a barrier to international
trade.
This proposed rule would modify the Class C airspace area at
Atlantic City International Airport, Atlantic City, NJ. This proposed
action would delete the 1-mile exclusion around Nordheim Flying K
Airport near Atlantic City.
Costs
The FAA has determined that the implementation of the NPRM to
modify the Class C airspace area at Atlantic City International Airport
would result in little cost to either the agency or aircraft operators.
The revision to aeronautical charts to reflect the airspace
modification would be part of the routine and periodic updating of
charts. Finally, the proposal would not cause the FAA to incur any
additional administrative costs for either personnel or equipment.
Benefits
The NPRM would generate benefits for system users and the FAA
primarily in the form of air traffic control instructions. The proposed
rule would provide additional controlled airspace for landing and
departing at the Atlantic City International Airport.
Initial Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) was enacted by
Congress to ensure that small entities are not unnecessarily and
disproportionately burdened by Federal regulations. The RFA requires a
Regulatory Flexibility Analysis if a NPRM would have ``a significant
economic impact on a substantial number of small entities.'' FAA Order
2100.14A outlines the FAA's procedures and criteria for implementing
the RFA. Small entities are independently owned and operated small
businesses and small not-for-profit organizations. A substantial number
of small entities is defined as a number that is 11 or more and which
is more than one-third of the small entities subject to this NPRM.
The FAA has determined that revising the Class C airspace area at
Atlantic City International Airport would not result in a significant
economic impact on a substantial number of small entities. This
determination was made because there are little or no costs to this
proposed rule.
International Trade Impact Assessment
This NPRM would not constitute a barrier to international trade,
including the export of U.S. goods and services to foreign countries
and the import of foreign goods and services into the United States.
This NPRM would not impose costs on aircraft operators or aircraft
manufacturers in the United States or foreign countries. The
modification of Class C airspace would only affect U.S. terminal
airspace operating procedures at and in the vicinity of Atlantic City,
NJ. This NPRM would not have international trade ramifications because
it is a domestic airspace matter that would not impose additional costs
or requirements on affected entities.
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--[AMENDED]
1. The authority citation for part 71 continues to read as follows:
Authority: 49 U.S.C. app. 1348(a), 1354(a), 1510; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR
11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9B, Airspace Designations and
Reporting Points, dated July 18, 1994, and effective September 16,
1994, is amended as follows:
Paragraph 4000--Subpart C--Class C Airspace
* * * * *
AEA NJ C Atlantic City International Airport, NJ [Revised]
Atlantic City International Airport, NJ
(Lat. 39 deg.27'27''N., long. 74 deg.34'38''W.)
That airspace extending upward from the surface to and including
4,100 feet MSL within a 5-mile radius of the Atlantic City
International Airport; and that airspace extending upward from 1,300
feet MSL to and including 4,100 feet MSL within a 10-mile radius of
the airport.
* * * * *
Issued in Washington, DC, on April 4, 1995.
Harold W. Becker,
Manager, Airspace--Rules and Aeronautical Information Division.
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[FR Doc. 95-8951 Filed 4-11-95; 8:45 am]
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