Establishment of Class E Airspace; Kingston, NY

DEPARTMENT OF TRANSPORTATION

14 CFR Part 71

[Airspace Docket No. 94-AEA-12]

Establishment of Class E Airspace; Kingston, NY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This final rule establishes additional controlled airspace

extending upward from 700 feet above the surface for an existing

standard instrument approach procedure (SIAP) at the Kingston-Ulster

Airport, Kingston, NY. Additionally, the geographic position for Sky

Park Airport, contained in the legal description for Class E airspace

at Red Hook, NY, is being updated to reflect the actual location of

this airport. This action establishes that amount of controlled

airspace deemed necessary by the FAA to contain aircraft within

controlled airspace while executing the existing SIAP.

DATES: Effective date: 0901 u.t.c. March 30, 1995. Comment Date:

Comments must be received on or before January 20, 1995.

ADDRESSES: Send comments on the rule in triplicate to: Manager, System

Management Branch, AEA-530, Docket No. 94-AEA-12, F.A.A. Eastern

Region, Fitzgerald Federal Building #111, John F. Kennedy International

Airport, Jamaica, New York 11430.

The official docket may be examined in the Office of the Assistant

Chief Counsel, AEA-7, at the address listed above. 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, which involves establishing

additional controlled airspace extending upwards from 700 feet above

the surface of the earth, and was not preceded by notice and public

procedure, comments are invited on the rule. 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 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) establishes additional controlled airspace extending

upward from 700 feet above the surface of the earth deemed necessary by

the FAA to contain aircraft within controlled airspace while executing

an existing published SIAP at the Kingston-Ulster Airport, Kingston,

NY. Additionally, the geographic position for Sky Park Airport,

contained in the legal description for Class E airspace at Red Hook,

NY, is being updated to reflect the actual location of this airport.

Class E airspace designations for airspace extending from 700 feet

or more above the surface of the earth are published in paragraph 6005

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 E

airspace designation 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 establish additional Class E airspace at Kingston,

NY, in order to promote the safe and efficient handling of air traffic

in this area. 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; 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 6005--Class E airspace areas extending upward from 700

feet or more above the surface of the earth

* * * * *

AEA NY E5 Kingston, NY [New]

Kingston-Ulster Airport, Kingston, NY

(Lat. 41 deg.59'07'' N., long. 73 deg.57'50'' W.)

That airspace extending upward from 700 feet above the surface

within a 6.3-mile radius of the Kingston-Ulster Airport.

* * * * *

AEA NY E5 Red Hook, NY [Revised]

Skypark Airport, Red Hook, NY

(Lat. 41 deg.59'05'' N., long. 73 deg.50'10'' W.)

Kingston VORTAC (Lat. 41 deg.39'56'' N., long. 73 deg.49'20'' W.)

That airspace extending upward from 700 feet above the surface

within a 7.9-mile radius of Skypark Airport and within 2.7 miles

each side of the Kingston VORTAC 358 deg. radial extending from the

7.9-mile radius to 9.2 miles north of the Kingston VORTAC.

* * * * *

Issued in Jamaica, New York, on November 7, 1994.

John S. Walker,

Manager, Air Traffic Division.

[FR Doc. 94-29814 Filed 12-2-94; 8:45 am]

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