[Federal Register Volume 59, Number 175 (Monday, September 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21977]
[[Page Unknown]]
[Federal Register: September 12, 1994]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 94-AEA-05]
Modification of Class D Airspace and Establishment of Class E
Airspace; Wilmington, DE
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This action modifies the Class D airspace area at Wilmington,
DE by amending this area's effective hours to coincide with the
associated control tower hours of operation. This action also
establishes Class E airspace in this area when the associated control
tower is closed. The intended effect of this action is to clarify when
two-way radio communication with the air traffic control tower is
required and to provide adequate Class E airspace for instrument
approach procedures when the control tower is closed.
DATES:
Effective Date: 0901 U.T.C. December 8, 1994.
Comment Date: Comments must be received on or before September 22,
1994.
ADDRESSES: Send comments on the rule in triplicate to: Manager, Air
Traffic Division, AEA-500, Airspace Docket Number 94-AEA-05, F.A.A.
Eastern Region, Fitzgerald Federal Building P#111, John F. Kennedy
International Airport, Jamaica, New York 11430. An informal docket may
also be examined during normal business hours at the address listed
above.
FOR FURTHER INFORMATION CONTACT:
Mr. Frank Jordan, Airspace Specialist, System Management Branch, AEA-
530, F.A.A. Eastern Region, Fitzgerald Federal Building #111, John F.
Kennedy International Airport, Jamaica, New York 11430; telephone:
(718) 553-0857.
SUPPLEMENTARY INFORMATION:
Request for Comments on the Rule
Although this action is a final rule, and was not preceded by
notice and public procedure, comments are invited on the rule. All
comments should be submitted, in triplicate, to Mr. Frank Jordan at the
address specified above. An informal docket may also be examined during
normal business hours at the address specified above. This rule will
become effective on the date specified in the ``DATES'' section.
However, after the review of any comments, and if the FAA finds that
further changes are appropriate, it will initiate rulemaking
proceedings to extend the effective date of the rule or to amend the
regulation.
Comments that provide the factual basis supporting the views and
suggestions presented are particularly helpful in evaluating the
effects of the rule, and in determining whether additional rulemaking
is required. Comments are specifically invited on the overall
regulatory, aeronautical, economic, environmental, and energy-related
aspects of the rule which might suggest the need to modify the rule.
The Rule
This amendment to part 71 of the Federal Aviation Regulations (14
CFR part 71) modifies the Class D airspace area at Wilmington, DE, by
amending this area's effective hours to coincide with the associated
control tower's hours of operation. This action also establishes Class
E airspace at these areas when the associated control tower is closed.
Prior to Airspace Reclassification, an airport traffic area (ATA) and a
control zone (CZ) existed at this airport. However, Airspace
Reclassification, effective September 16, 1993, discontinued the use of
the term ``airport traffic area'' and ``control zone,'' replacing them
with the designation ``Class D airspace.'' The former CZ was
continuous, while the former ATA was contingent upon the operation of
the air traffic control tower. The consolidation of the ATA and CZ into
a single Class D airspace designation makes it necessary to modify the
effective hours of the Class D airspace to coincide with the control
tower's hours of operation. This action also establishes Class E
airspace during the hours the control tower is closed. The intended
effect of this action is to clarify when two-way radio communication
with the air traffic control tower is required and to provide adequate
Class E airspace for instrument approach procedures when these control
towers are closed.
The coordinates for this airspace docket are based on North
American Datum 83. Class D and E airspace designations are published in
Paragraphs 5000 and 6002, respectively, 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 D and E airspace designations
listed in this document will be published subsequently in the Order.
Under the circumstances presented, the FAA concludes that there is an
immediate need to modify this Class D and establish this Class E
airspace area in order to promote the safe and efficient handling of
air traffic in these areas. Therefore, I find that notice and public
procedures under 5 U.S.C. 553(b) are impracticable and contrary to the
public interest.
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
will only affect air traffic procedures and air navigation, it is
certified that this rule will not have a 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 part 71 continues to read as follows:
Authority: 49 U.S.C. app. 1348(a), 1354(a), 1510; Executive
Order 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 5000--General
* * * * *
AEA DE D Wilmington, DE [Revised]
New Castle County Airport, Wilmington, DE
(lat. 39 deg.40'43'' N., long. 75 deg.36'24'' W.)
That airspace extending upward from the surface to and including
2,600 feet MSL within a 4.2-mile radius of the New Castle County
Airport. This Class D 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 Airport/Facility Directory.
* * * * *
Paragraph 6002--Class E airspace areas designated as a surface area
for an airport
* * * * *
AEA DE E2 Wilmington, DE [New]
New Castle County Airport, Wilmington, DE
(lat. 39 deg.40'43'' N., long. 75 deg.36'24'' W.)
Within a 4.2-mile radius of the New Castle County 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
Airport/Facility Directory.
* * * * *
Issued in Jamaica, New York, on August 16, 1994.
John S. Walker,
Manager, Air Traffic Division.
[FR Doc. 94-21977 Filed 9-9-94; 8:45 am]
BILLING CODE 4910-13-M
