Proposed Modification of the Atlantic City International Airport Class C Airspace Area; NJ

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 94-AWA-3]

Proposed Modification of the Atlantic City International Airport

Class C Airspace Area; NJ

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This proposed rule would modify the Class C airspace area at

Atlantic City International Airport, Atlantic City, NJ. This proposed

action would delete the 1-mile exclusion around Nordheim Flying K

Airport because of its closure, and return this airspace to the surface

area of the Class C airspace. In addition, this proposed action would

reduce controller workload.

DATES: Comments must be received on or before June 13, 1995.

ADDRESSES: Send comments on the proposal in triplicate to: Federal

Aviation Administration, Office of the Chief Counsel, Attention: Rules

Docket [AGC-200], Airspace Docket No. 94-AWA-3, 800 Independence

Avenue, SW., Washington, DC 20591.

The official docket may be examined in the Rules Docket, Office of

the Chief Counsel, Room 916, weekdays, except Federal holidays, between

8:30 a.m. and 5 p.m.

An informal docket may also be examined during normal business

hours at the office of the Regional Air Traffic Division.

FOR FURTHER INFORMATION CONTACT: William C. Nelson, Airspace and

Obstruction Evaluation Branch (ATP-240), Airspace--Rules and

Aeronautical Information Division, Air Traffic Rules and Procedures

Service, Federal Aviation Administration, 800 Independence Avenue, SW.,

Washington, DC 20591; telephone: (202) 267-9295.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested parties are invited to participate in this proposed

rulemaking by submitting such 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, aeronautical, 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. 94-

AWA-3.'' The postcard will be date/time stamped and returned to the

commenter. All communications received on or before the specified

closing date for comments will be considered before taking action on

the proposed rule. The proposal contained in this notice may be changed

in light of comments received. All comments submitted will be available

for examination in the Rules Docket both before and after the closing

date for comments. A report summarizing each substantive public contact

with FAA personnel concerned with this rulemaking will be filed in the

docket.

Availability of NPRM's

Any person may obtain a copy of this Notice of Proposed Rulemaking

(NPRM) by submitting a request to the Federal Aviation Administration,

Office of Public Affairs, Attention: Public Inquiry Center, APA-220,

800 Independence Avenue, SW., Washington, DC 20591, or by calling (202)

267-3485. Communications must identify the notice number of this NPRM.

Persons interested in being placed on a mailing list for future NPRM's

should also request a copy of Advisory Circular No. 11-2A, which

describes the application procedure. [[Page 18553]]

The Proposal

The FAA is considering an amendment to part 71 of the Federal

Aviation Regulations (14 CFR part 71) to modify the Class C airspace

area at Atlantic City International Airport, Atlantic City, NJ. The

proposed modification would eliminate the 1-mile exclusion around

Nordheim Flying K Airport due to its closure. The intended effect of

this proposal is to return this airspace to the surface area of the

established Class C airspace area, thereby completing the 5-mile radius

around Atlantic City. Additionally, this proposed action would reduce

controller workload. The coordinates for this airspace docket are North

American Datum 83. Class C airspace designations are published in

paragraph 4000 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 C airspace designation listed in this document would be

subsequently published in the Order.

Regulatory Evaluation Summary

Proposed changes to Federal regulations must undergo several

economic analyses. First, Executive Order 12866 directs that each

Federal agency shall propose or adopt a regulation only upon a reasoned

determination that the benefits of the intended regulation justify its

costs. Second, the Regulatory Flexibility Act of 1980 requires agencies

to analyze the economic effect of regulatory changes on small entities.

Third, the Office of Management and Budget directs agencies to assess

the effect of regulatory changes on international trade. In conducting

these analyses, the FAA has determined that this NPRM is not ``a

significant regulatory action'' as defined in the Executive Order and

the Department of Transportation Regulatory Policies and Procedures.

This NPRM would not have a significant impact on a substantial number

of small entities and would not constitute a barrier to international

trade.

This proposed rule would modify the Class C airspace area at

Atlantic City International Airport, Atlantic City, NJ. This proposed

action would delete the 1-mile exclusion around Nordheim Flying K

Airport near Atlantic City.

Costs

The FAA has determined that the implementation of the NPRM to

modify the Class C airspace area at Atlantic City International Airport

would result in little cost to either the agency or aircraft operators.

The revision to aeronautical charts to reflect the airspace

modification would be part of the routine and periodic updating of

charts. Finally, the proposal would not cause the FAA to incur any

additional administrative costs for either personnel or equipment.

Benefits

The NPRM would generate benefits for system users and the FAA

primarily in the form of air traffic control instructions. The proposed

rule would provide additional controlled airspace for landing and

departing at the Atlantic City International Airport.

Initial Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980 (RFA) was enacted by

Congress to ensure that small entities are not unnecessarily and

disproportionately burdened by Federal regulations. The RFA requires a

Regulatory Flexibility Analysis if a NPRM would have ``a significant

economic impact on a substantial number of small entities.'' FAA Order

2100.14A outlines the FAA's procedures and criteria for implementing

the RFA. Small entities are independently owned and operated small

businesses and small not-for-profit organizations. A substantial number

of small entities is defined as a number that is 11 or more and which

is more than one-third of the small entities subject to this NPRM.

The FAA has determined that revising the Class C airspace area at

Atlantic City International Airport would not result in a significant

economic impact on a substantial number of small entities. This

determination was made because there are little or no costs to this

proposed rule.

International Trade Impact Assessment

This NPRM would not constitute a barrier to international trade,

including the export of U.S. goods and services to foreign countries

and the import of foreign goods and services into the United States.

This NPRM would not impose costs on aircraft operators or aircraft

manufacturers in the United States or foreign countries. The

modification of Class C airspace would only affect U.S. terminal

airspace operating procedures at and in the vicinity of Atlantic City,

NJ. This NPRM would not have international trade ramifications because

it is a domestic airspace matter that would not impose additional costs

or requirements on affected entities.

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 proposes to amend 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 4000--Subpart C--Class C Airspace

* * * * *

AEA NJ C Atlantic City International Airport, NJ [Revised]

Atlantic City International Airport, NJ

(Lat. 39 deg.27'27''N., long. 74 deg.34'38''W.)

That airspace extending upward from the surface to and including

4,100 feet MSL within a 5-mile radius of the Atlantic City

International Airport; and that airspace extending upward from 1,300

feet MSL to and including 4,100 feet MSL within a 10-mile radius of

the airport.

* * * * *

Issued in Washington, DC, on April 4, 1995.

Harold W. Becker,

Manager, Airspace--Rules and Aeronautical Information Division.

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[FR Doc. 95-8951 Filed 4-11-95; 8:45 am]

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