05-7189. Proposed Amendment to Class E Airspace; Newburgh, NY

AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Notice of proposed rulemaking.

SUMMARY:

this notice proposes to amend the Class E airspace area in the Newburgh, NY geographic area. The development of multiple area navigation (RNAV) Standard Instrument Approach Procedures (SIAP) for numerous airports within the Newburgh, NY metropolitan area with approved Instrument Flight Rules (IFR) operations and the resulting overlap of designated Class E-5 airspace have made this proposal necessary. The proposal would consolidate the Class E-5 airspace designations for ten airports and result in the rescission of four separate Class E-5 descritions through separate rulemaking action. The area would be depicted on aeronautical charts for pilot reference.

DATES:

Comments must be received on or before May 11, 2005.

ADDRESSES:

Send comments on the proposal to the Docket Management Sytem, U.S. Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., Washington, DC 20590-0001. You must identify the docket number FAA-P2005-20673/Airspace Docket No. 05-AEA-06 at the beginning of your comments. You may also submit comments on the Internet at http://dms.dot.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone [phone]) is on the plaza level of the Department of Transportation NASSIF Building at the above address.

An informal docket may also be examined during normal business hours at the office of the Regional Air Traffic Division, Federal Aviation Administration, Eastern Region, 1 Aviation Plaza, Jamaica, NY 11434-4809.

FOR FURTHER INFORMATION CONTACT:

Mr. Francis T. Jordon, Jr., Airspace Specialist, Airspace Branch, AEA-520, Eastern Region, 1 Aviation Plaza, Jamaica, NY 11434-4809, telephone: [phone]

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested parties are invited to participate in this proposed rulemaking by submitting each 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, 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. FAA-2005-20673/Airspace Docket No. 05-AEA-06.” The postcard will be date/time stamped and returned to the commenter.

Availability of NPRMs

An electronic copy of this document may be downloaded through the Internet at http://dms.dot.gov. Recently published rulemaking documents can also be accessed through the FAA's Web page at http://www.fas.gov or the Superintendent of Documents Web page at http://www.access.gpo.gov/​nara. Additionally, any person may obtain a copy of this notice by submitting a request to the Office of Air Traffic Airspace Managaement, ATA-400, 800 Independence Avenue, SW., Washington, DC 20591 or by calling [phone]. Communications must identify both the docket numbers for this notice. Persons interested is being placed on a mailing list for future NPRMs should contact the FAA's Office of Rulemaking, [phone] to request a copy of Advisory Circular No. 11-2A, which describes the application procedure.

The Proposal

The FAA is considering an amendment to part 71 of the Federal Aviation Regulations (14 CFR part 71) to amend the Class E airspace within the Newburgh, NY geographic area. The proposal would consolidate the following airport Class E-5 airspace designations into the Newburgh, NY designation: Joseph Y. Resnick Airport (N89), Ellenville, NY; Sullivan County International Airport (MSV), Monticello, NY; Monticello Airport (N37), NY; Stewart International Airport (SWF), Newburgh, NY; Orange County Airport (MGJ), NY; Randall Airport (06N), NY; Dutchess County Airport (POU), Poughkeepsie, NY; Sky Acres Airport (44N), NY; Stormville Airport (N69), NY; Wurtsboro-Sullivan County Airport (N82), Wurtsboro, NY. This action would result in the rescission of four Class E-5 designations under a separate docket. The affected airspace would subsequently be incorporated into the Newburgh, NY description. The airspace will be defined to accommodate the approaches and contain IFR operations to and from those airports. This change would have no impact on aircraft operations since the type of airspace designation is not changing. Furthermore, the IFR approach procedures for the individual airports within the area would not be affected. Class E airspace designations for airspace areas extending upward from 700 ft or more above the surface are published in Paragraph 6005 of FAA Order 7400.9M, dated August 30, 2004, and effective September 16, 2004, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document would be published subsequently in the Order.

The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, the proposed 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 would only affect air traffic procedures and air navigation, it is certified that this proposed rule would not have significant economic impact on a substantial number of small entities under the criteria of the Regulation Flexibility Act.

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 purposes to amend 14 CFR Part 71 as follows:

PART 71 [AMENDED]

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

Authority: U.S.C. 106(g), 40103, 40113, 40120; E.O. 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 7400.9M, dated August 30, 2004, and effective September 16, 2004, is proposed to be amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth

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AEA NY E5 Newburgh, NY (Revised)

That airspace extending upward from 700 feet above the surface within an area bounded by a line beginning at lat. 41°23′15″ N., long. 74°43′13″ W., to lat. 41°47′24″ N., long. 75°03′06″ W., to lat. 41°53′35″ N., long. 74°51′10″ W., to lat. 41°54′08″ N., long. 73°30′07″ W., to lat. 41°38′33″ N., long. 73°26′39″ W., to lat. 41°21′22″ N., long. 73°44′39″ W., to lat. 41°26′08″ N., long. 73°52′54″ W., to the point of beginning, excluding that portion that coincides with Danbury, CT Class E airspace area.

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Issued in Jamaica, New York, on March 28, 2005.

John G. McCartney,

Acting Area Director, Eastern Terminal Operations.