Proposed Amendment of Class D Airspace; Utica, NY, and Proposed Amendment of Class D Airspace and Class E4 Airspace, Rome, NY

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 95-AEA-17]

Proposed Amendment of Class D Airspace; Utica, NY, and Proposed

Amendment of Class D Airspace and Class E4 Airspace, Rome, NY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This proposed rule would modify Class D airspace designated as

a surface area for Oneida County Airport, Utica, New York and Griffiss

AFB,

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Rome, New York. There is existing Class D airspace for each location.

This proposal would redefine the boundaries of each area, and reduce

the amount of of Class D airspace located to the east of these

airports. The associated Class E4 airspace areas, at Griffiss AFB,

designated as an extension to a Class D surface area, would also be

modified and made effective only at the times the Griffiss AFB tower is

operating. The actual use of the Class D airspace, by each airport, is

based on the geographic division provided by the New York State Barge

Canal; the modification would reflect this division.

DATES: Comments must be received on or before March 15, 1996.

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

Management Branch, AEA-530, Docket No. 95-AEA-17, F.A.A. Eastern

Region, Federal Building #111, John F. Kennedy Int'l Airport, Jamaica,

NY 11430.

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

Chief Counsel, AEA-7, F.A.A. Eastern Region, Federal Building #111,

John F. Kennedy International Airport, Jamaica, New York 11430.

An informal docket may also be examined during normal business

hours in the System Management Branch, AEA-530, F.A.A. Eastern Region,

Federal Building #111, John F. Kennedy International Airport, Jamaica,

New York 11430.

FOR FURTHER INFORMATION CONTACT:

Mr. Francis T. Jordan, Jr., Airspace Specialist, System Management

Branch, AEA-530, F.A.A. Eastern Region, Federal Building #111, John F.

Kennedy International Airport, Jamaica, New York 11430; telephone:

(718) 553-4521.

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,

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. 95-

AEA-17''. 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 received 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

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

docket.

Availability of NPRMs

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

(NPRM) by submitting a request to the System Management Branch, Air

Traffic Division, AEA-530, F.A.A. Eastern Region, Federal Building

#111, John F. Kennedy International Airport, Jamaica, NY 11430.

Communications must identify the notice number of this NPRM. Persons

interested in being placed on a mailing list for future NPRMs should

also 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). This proposed rule would modify

the Class D airspace at Oneida County Airport, Utica, NY to designate

the surface airspace that is actually utilized for the Oneida County

Airport when the tower is in operation. This proposed rule would modify

the Class D airspace and associated Class E4 airspace designated as an

extension to a Class D surface area at Griffiss AFB. The air traffic

control tower is no longer operating 24 hours a day at Griffiss AFB,

and a ``by NOTAM'' clause would be added to the Class D and Class E4

airspace descriptions. This would result in the airport having surface

controlled airspace, Class D, for a period of time; then reverting to

uncontrolled Class G airspace under a 700 foot Class E5 airspace area.

The weather observations are only available during those same hours as

the control tower operates. Class D and Class E4 airspace designations

are published in Paragraph 5000 and 6004, respectively, of FAA Order

7400.9C, dated August 17, 1995 and effective September 16, 1995, which

is incorporated by reference in 14 CFR 71.1. The Class D and Class E

airspace designations 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. 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 would only affect air traffic

procedures and air navigation, it is certified that this proposed rule

would 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).

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. 106(g), 40103, 40113, 40120; E.O. 10854, 24

FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 14 CFR 11.69.

Sec. 71.1 [Amended]

2. The incorporation by reference in 14 CFR 71.1 of Federal

Aviation Administration Order 7400.9C, Airspace Designations and

Reporting Points, dated August 17, 1995 and effective September 16,

1995, is amended as follows:

Paragraph 5000--Subpart D--Class D airspace, areas designated as a

surface area for an airport.

* * * * *

AEA NY D Utica, NY [Revised]

Oneida County Airport, Utica, NY

(Lat. 43 deg.08'42''N., long. 75 deg.23'02''W.)

That airspace extending upward from the surface to and including

3,200 feet MSL within a 4.2-mile radius of the Oneida County

Airport, excluding the portion which is north and east of the New

York State Barge Canal, along a line extending from lat.

43 deg.12'02''N., long. 75 deg.26'23''W. to lat. 43 deg.11'56''N.,

long. 75 deg.22'30''W. to lat 43 deg.11'16''N., long.

75 deg.20'53''W. to lat. 43 deg.08'30''N., long. 75 deg.17'22''W.

This Class D airspace area is effective during the specific dates

and times established in advance by a

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Notice to Airmen. The effective date and time will thereafter be

published in the Airport/Facility Directory.

* * * * *

AEA NY D Rome, NY [Revised]

Griffiss AFB, Rome, NY

(Lat. 43 deg.14'02''N., long. 75 deg.24'26'')

That airspace extending upward from the surface to and including

3000 feet MSL within a 4.5-mile radius of Griffiss AFB, excluding

the portion within the Utica, NY, Class D airspace area. 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 6004--Subpart E--Class E airspace areas designated as an

extension to a Class D surface area.

* * * * *

AEA NY E4 Rome, NY [Revised]

Griffiss AFB, Rome, NY

(Lat. 43 deg.14'02''N., long. 75 deg.24'26''W.)

That airspace extending upward from the surface within 1.2 miles

each side of a 314 deg. bearing extending from the 4.5-mile radius

of Griffiss AFB to 6.9 miles northwest of the airport and within 1.2

miles each side of a 134 deg. bearing extending from the 4.5-mile

radius of Griffiss AFB to 6.9 miles southeast of the airport,

excluding that airspace within the Utica, NY, Class D airspace area.

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 January 29, 1996.

John S. Walker,

Manager, Air Traffic Division.

[FR Doc. 96-3489 Filed 2-14-96; 8:45 am]

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