Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 71
          - [Docket No. FAA-2003-16282; Airspace Docket No. 03-AEA-06] 

# AGENCY:

Federal Aviation Administration (FAA) DOT.

# ACTION:

Final rule.

# SUMMARY:

This action amends Class E airspace at Philadelphia, PA. Controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain aircraft operating into Spitfire Aerodrome, Pedricktown, NJ under Instrument Flight Rules (IFR).

# EFFECTIVE DATE:

0901 UTC June 10, 2004.

# FOR FURTHER INFORMATION CONTACT:

Mr. Francis Jordan, Airspace Specialist, Airspace Branch, AEA-520, Air Traffic Division, Eastern Region, Federal Aviation Administration, 1 Aviation Plaza, Jamaica, New York 11434-4809, telephone: (718) 553-4521.

# SUPPLEMENTARY INFORMATION:

## History

                    On December 22, 2003, a notice proposing to amend part 71 of the Federal Aviation Regulations (14 CFR part 71) by establishing Class E airspace extending upward from 700 feet above the surface within an area overlying the spitfire Aerodrome, Pedricktown, NJ was published in the                     **Federal Register**                     (68 FR 71053-71054). Interested parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA on or before January 21, 2004. No comments to the proposal were received. The rule is adopted as proposed.                

                    The coordinates for this airspace docket are based on North American Datum 83. Class E airspace area designations for airspace extending upward from the surface of the earth are published in paragraph 6005 of FAA Order 7400.9L, dated September 2, 2003, and effective September 16, 2003, which is incorporated by reference in 14                           ( print page 5015)                        CFR 71.1. The Class E airspace designation listed in this document will be published in the Order.                

## The Rule

This amendment to Part 71 of the Federal Aviation Regulations (14 CFR part 71) provides controlled Class E airspace extending upward from 700 feet above the surface for aircraft conducting IFR operations into Spitfire Aerodrome, Pedricktown, NJ.

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. Therefore, this regulation: (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 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 14 CFR Part 71 continues to read as follows:

Authority:49 U.S.C. 106(g), 40103, 40113, 40120; EO 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

§ 71.1 

The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9L, Airspace Designations and Reporting Points, dated September 2, 2003, and effective September 16, 2003, is amended as follows:

### Paragraph 6005 Class E Airspace Areas extending upward from 700 feet or more above the surface of the earth.

* * * * *

## AEA PA E5 Philadelphia, PA (Revised)

Philadelphia International Airport

(lat. 39°52′19″N., long. 75°14′28″W.)

Chester  County G. O. Carlson Airport, PA

(lat. 39°58′44″N., long. 75°51′56″W.)

New Castle County Airport, DE

(lat. 39°40′43″N., long. 75°36′24″W.)

Summit Airpark, DE

(lat. 39°31′13″N., long. 75°43′14″W.)

Millville Municipal Airport, NJ

(lat. 39°22′04″N., long. 75°04′20″W.)

That airspace extending upward from 700 feet above the surface within a 31-mile radius of Philadelphia International Airport extending clockwise from a 225° bearing to a 307° bearing from the airport and within a 37-mile radius of Philadelphia International Airport extending from a 307° bearing to a 053° bearing from the airport and within a 33-mile radius of Philadelphia International Airport extending from a 053° bearing to a 713° bearing from the airport and within a 16-mile radius of Philadelphia International Airport extending from a 173° bearing from the airport to a 225° bearing from the airport and within a 7-mile radius of Chester County G. O. Carlson Airport and within a 6.7-mile radius of New Castle County Airport and within an 8-mile radius of Summit Airpark and within a 6.5-mile radius of Millville Municipal Airport, excluding the airspace that coincides with the Elkton, MD; Wrightstown, NJ; Pittstown, NJ; Reading, PA; and Allentown, PA Class E airspace areas.

* * * * *

Issued in Jamaica, New York on January 27, 2004.

John G. McCartney,

Assistant Manager, Air Traffic Division, Eastern Region.

[FR Doc. 04-2193  Filed 2-2-04; 8:45 am]

BILLING CODE 4910-13-M