Modification of Class D Airspace and Establishment of Class E Airspace; Wilmington, DE

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]

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