03-31026. Amendment of Class E Airspace; New York, NY

AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Finale rule.

SUMMARY:

This action amends Class E airspace at New York, NY. The development of multiple area navigation (RNAV) Copter Standard Instrument Approach Procedures (SIAP) and the proliferation of airports within the metropolitan New York area with approved Instrument Flight Rules (IFR) operations and the resulting overlap of designated Class E-5 airspace has made this action necessary. This action consolidates the Class E-5 airspace designations for nineteen airports and results in the recision of twelve Class E-5 descriptions through separate rulemaking action. The area will be depicted on aeronautical charts for pilot reference.

EFFECTIVE DATE:

0901 UTC April 15, 2004.

FOR FURTHER INFORMATION CONTACT:

Mr. Francis Jordan, Airspace Specialist, Airspace Branch, AEA-520, Air Traffic Division, Eastern Region, Federal Aviation Administration, 1 Aviation Plaza, Jamaica, New York 11434-4809, telephone: [phone].

SUPPLEMENTARY INFORMATION:

History

On November 6, 2003, a notice proposing to amend part 71 of the Federal Aviation Regulations (14 CFR part 71) by consolidating existing Class E-5 airspace designations in the New York metropolitan area and incorporating those areas into the New York, NY description was published in the Federal Register (68 FR 62758-62759). Interested parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA. No comments to the proposal were received. The rule is adopted as proposed.

The coordinates for this airspace docket are based on North American Datum 83. Class E airspace area designations for airspace extending upward from the surface are published in paragraph 6005 of FAA Order 7400.9L, dated September 2, 2003, and effective September 16, 2003, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be amended in the order.

The Rule

This amendment to part 71 of the Federal Aviation Regulations (14 CFR part 71) provides controlled Class E airspace extending upward from 700 ft above the surface for aircraft conducting IFR operations within the New York, NY Class E-5 airspace description.

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 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 rule will not have significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

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—[AMENDED]

1. The authority citation for 14 CFR part 71 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; EO 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

§ 71.1

[Amended]

2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9L, Airspace Designations and Reporting Points, dated September 2, 2003, and effective September 16, 2003, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700ft above the surface of the earth.

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AEA NY E5 New York, NY (Revised)

That airspace extending upward from 700 feet above the surface within an area bounded by a line beginning at lat. 40°49′00″ N., long. 73°17′02″ W., to lat. 40°36′00″ N., long. 73°12′27″ W., to lat. 40°29′42″ N., long. 73°30′53″ W., to lat. 40°29′43″ N., long. 73°52′12″ W., to lat. 40°15′00″ N., long. 74°00′00″ W., to lat. 40°14′32″ N., long. 74°29′47″ W., to lat. 40°24′45″ N., long. 74°51′22″ W., to lat. 41°08′17″ N., long. 75°00′00″ W., to lat. 41°23′15″ N., long. 74°43′13″ W., to lat. 41°26′08″ N., long. 73°52′54″ W., to lat. 41°16′48″ N., long. 73°34′53″ W., to the point of beginning excluding the airspace that coincides with the Wrightstown, NJ, Pittstown, NJ, Philadelphia, PA, Poughkeepsie, NY, Mewburgh, NY, and Danbury, CT Class E airspace areas.

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Issued in Jamaica, New York, on December 8, 2003.

John G. McCartney,

Assistant Manager, Air Traffic Division, Eastern Region.