Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Proposed Rules 47495 

the West Building Ground Floor at 1200 

New Jersey Avenue, SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For more information on the rulemaking 

process, see the SUPPLEMENTARY

INFORMATION section of this document. 

Privacy: We will post all comments 

we receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. 

Using the search function of our docket 

Web site, anyone can find and read the 

comments received into any of our 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78) or you may visit http:// 

DocketsInfo.dot.gov. 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

or to Docket Operations in Room W12– 

140 of the West Building Ground Floor 

at 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

proposed rule contact Loran Haworth, 

FAA, Airplane and Flightcrew Interface 

Branch (ANM–111), Transport Airplane 

Directorate, Aircraft Certification 

Service, 1601 Lind Avenue, SW, 

Renton, Washington 98057–3356; 

telephone (425) 227–1133; facsimile 

425–227–1232; e-mail 

Loran.Haworth@faa.gov. 

For legal questions concerning this 

proposed rule contact Doug Anderson, 

FAA, Office of the Regional Counsel 

(ANM–7), 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356; 

telephone (425) 227–2166; facsimile 

425–227–1007; e-mail 

Douglas.Anderson@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. We also invite comments relating 

to the economic, environmental, energy, 

or federalism impacts that might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

please send only one copy of written 

comments, or if you are filing comments 

electronically, please submit your 

comments only one time. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this proposed rulemaking. 

Before acting on this proposal, we will 

consider all comments we receive on or 

before the closing date for comments. 

We will consider comments filed after 

the comment period has closed if it is 

possible to do so without incurring 

expense or delay. We may change this 

proposal in light of the comments we 

receive. 

Proprietary or Confidential Business 

Information 

Do not file in the docket information 

that you consider to be proprietary or 

confidential business information. Send 

or deliver this information directly to 

the person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

document. You must mark the 

information that you consider 

proprietary or confidential. If you send 

the information on a disk or CD–ROM, 

mark the outside of the disk or CD–ROM 

and also identify electronically within 

the disk or CD–ROM the specific 

information that is proprietary or 

confidential. 

Under 14 CFR 11.35(b), when we are 

aware of proprietary information filed 

with a comment, we do not place it in 

the docket. We hold it in a separate file 

to which the public does not have 

access, and place a note in the docket 

that we have received it. If we receive 

a request to examine or copy this 

information, we treat it as any other 

request under the Freedom of 

Information Act (5 U.S.C. 552). We 

process such a request under the DOT 

procedures found in 49 CFR part 7. 

Availability of Rulemaking Documents 

You can get an electronic copy using 

the Internet by: 

(1) Searching the Federal 

eRulemaking Portal at http:// 

www.regulations.gov; 

(2) Visiting the Office of Rulemaking’s 

Web page at http://www.faa.gov/avr/ 

arm/index.cfm; or 

(3) Accessing the Government 

Printing Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

You can also get a copy by sending a 

request to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue, 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. Make sure to 

identify the docket number, notice 

number, or amendment number of this 

rulemaking. 

Background 

On July 9, 2009, (74 FR 32810) Notice 

No. 09–05, ‘‘Flightcrew Alerting’’ that 

would amend the airworthiness 

standards for flightcrew alerting was 

published in the Federal Register. The 

comment period closed September 8. 

By requests dated August 28, 2009, 

from The Boeing Company; September 

2, 2009, from the Air Line Pilots 

Association, International (ALPA); 

September 3, 2009, from Airbus; and 

September 4, 2009, from the General 

Aviation Manufacturers Association 

(GAMA); the FAA was asked to extend 

the comment period by 60 days to 

permit a more careful review and 

consideration of the proposed rule. 

The FAA considered the requests and 

has determined that reopening the 

comment period for an additional 15 

days will allow The Boeing Company, 

ALPA, Airbus, GAMA and others, to 

complete their review and provide 

responsive comments on the NPRM. 

Reopening the comment period for the 

requested additional 60 days would 

adversely impact the FAA’s 

harmonization efforts with the European 

Aviation Safety Agency. 

The FAA finds it in the public interest 

to reopen the comment period for fifteen 

(15) days to give all interested persons 

additional time to complete their review 

and comments on the proposal. 

Issued in Washington, DC, on September 

11, 2009. 

Brenda D. Courtney, 

Acting Director, Office of Rulemaking. 

[FR Doc. E9–22343 Filed 9–15–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 71 and 93 

[Docket No. FAA–2009–0837; Airspace 

Docket No. 09–AWA–2; Notice No. 09–11] 

RIN 2120–AJ59 

Proposed Modification of the New 

York, NY, Class B Airspace Area; and 

Proposed Establishment of the New 

York Class B Airspace Hudson River 

and East River Exclusion Special 

Flight Rules Area 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to make 

a minor modification to the New York, 


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47496 Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Proposed Rules 

NY, Class B airspace area by adjusting 

the floor of Class B airspace above a 

portion of the Hudson River to 1,300 

feet above mean sea level (MSL). 

Additionally, this action proposes to 

establish a Special Flight Rules Area 

(SFRA) over the Hudson River and East 

River to mandate certain pilot operating 

practices for flight within the Hudson 

River and East River Class B airspace 

Exclusions. The FAA is proposing this 

action to enhance the safety of flight 

operations in the New York Class B 

airspace Exclusion areas. 

DATES: Comments must be received on 

or before October 16, 2009. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2009–0837 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

For more information on the 

rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Privacy: We will post all comments 

we receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. 

Using the search function of our docket 

Web site, anyone can find and read the 

electronic form of all comments 

received into any of our dockets, 

including the name of the individual 

sending the comment (or signing the 

comment for an association, business, 

labor union, etc.). You may review 

DOT’s complete Privacy Act Statement 

in the Federal Register published on 

April 11, 2000 (65 FR 19477–78) or you 

may visit http://DocketsInfo.dot.gov. 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

and follow the online instructions for 

accessing the docket, or, the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue, SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

proposed rule, contact Paul Gallant, 

Airspace and Rules Group, Office of 

System Operations Airspace and AIM, 

Federal Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone: (202) 

267–8783. 

For legal questions concerning this 

proposed rule, contact Lorelei Peter, 

Office of the Chief Counsel, AGC–220, 

Federal Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

267–3134. 

SUPPLEMENTARY INFORMATION: 

Later in this preamble under the 

Additional Information section, we 

discuss how you can comment on this 

proposal and how we will handle your 

comments. Included in this discussion 

is related information about the docket, 

privacy, and the handling of proprietary 

or confidential business information. 

We also discuss how you can get a copy 

of related rulemaking documents. 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of the airspace necessary 

to ensure the safety of aircraft and the 

efficient use of airspace. 

Background 

On August 8, 2009, a midair collision 

occurred between a helicopter and a 

single-engine, fixed-wing aircraft 

operating in accordance with visual 

flight rules (VFR) over the Hudson River 

near Hoboken, New Jersey. This 

accident prompted the FAA and the 

National Transportation Safety Board 

(NTSB) to examine the airspace 

configuration and pilot procedures that 

apply in the vicinity of the incident. 

There are three major airports in the 

New York City area: John F. Kennedy 

International Airport (JFK); Newark 

Liberty International Airport (EWR): and 

LaGuardia Airport (LGA). The FAA has 

designated the airspace surrounding the 

three airports as Class B airspace. Class 

B airspace is designated to enhance 

safety around airports with high density 

air traffic operations. An air traffic 

control (ATC) clearance is required to 

enter Class B airspace and, with limited 

exceptions, all aircraft operating in the 

area must be equipped with a two-way 

radio and an operational transponder. 

ATC provides separation to aircraft 

operating within the Class B airspace 

area. 

The New York Class B airspace area 

originated in 1971 when the FAA issued 

a final rule establishing a terminal 

control area (TCA) around the above 

mentioned airports (36 FR 13376 July 

21, 1971). In 1991, the term ‘‘TCA’’ was 

replaced with ‘‘Class B airspace’’ as part 

of the Airspace Reclassification rule (56 

FR 65638, December 17, 1991) which 

harmonized United States airspace 

classifications with the terminology 

used by the International Civil Aviation 

Organization (ICAO). The original TCA 

airspace configuration for these airports 

was developed with considerable public 

input. Concerns were expressed to the 

FAA regarding the impact of the new 

airspace on operations by general 

aviation users, police, fire and Coast 

Guard rescue activities, helicopter 

operators and seaplane operators. A 

workgroup was formed to address these 

concerns and as a result, the FAA 

decided to raise the floor of certain 

subareas near EWR and LGA to 1,100 

feet MSL over the Hudson River and the 

East River to provide more accessible 

airspace for the above-described 

operations. These areas are commonly 

referred to as the Hudson River 

Exclusion and the East River Exclusion. 

The configuration of the New York Class 

B airspace area has essentially remained 

the same since designated as a TCA in 

1971. The volume of air traffic in the 

area, however, has grown significantly 

since that time. 

The Hudson River Exclusion extends 

along the Hudson River between the 

vicinity of the George Washington 

Bridge, on the north, and the VerrazanoNarrows Bridge on the south. The 

exclusion extends from the surface of 

the Hudson River up to the base of the 

overlying New York Class B airspace 

area. Currently, the floor of Class B 

airspace along the Hudson River varies 

between an altitude above 1,100 feet 

MSL and 1,500 feet MSL. The exclusion 

effectively is a ‘‘cutout’’ from the New 

York Class B airspace area and permits 

pilots to fly through the area without an 

ATC clearance. 

The East River Class B Exclusion 

extends between the east and west 

banks of the East River from Governors 

Island to the north tip of Roosevelt 

Island. The exclusion extends from the 

surface of the river up to the base of the 

overlying Class B airspace. This 

proposal would not alter or amend the 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Proposed Rules 47497 

configuration of the East River 

Exclusion. 

Aeronautical charts that depict the 

New York Class B airspace area carry a 

note advising pilots that a high density 

of uncontrolled helicopter and fixed 

wing traffic operate in the Hudson River 

and East River Class B Exclusions. The 

note also requests that all aircraft selfannounce their positions on the 

appropriate radio frequency as noted on 

the charts. The charts alert pilots to the 

heavy concentration of air tour 

operations in the vicinity of the Statue 

of Liberty and Ellis Island. Additionally, 

the charts provide voluntary procedures 

that are in effect for aircraft operating in 

the Hudson and East River exclusions. 

These procedures request that aircraft 

operating in the area: 

• Not exceed 140 knots indicated 

airspeed; 

• Turn on anticollision, position, 

navigation and/or landing lights; and 

• Self announce on frequency 

123.075 for the East River and 123.05 for 

the Hudson River. 

These recommended procedures do 

not relieve pilots of compliance with 

applicable Federal regulations, 

including regulations covering 

minimum safe altitudes. 

As a result of the August 8, 2009 

accident, the FAA issued Notice to 

Airmen (NOTAM) number 9/3952 

encouraging pilots to follow the 

recommended procedures described 

above. The FAA also formed a task force 

to review current procedures for VFR 

flight operations in the New York City 

area. A goal of the review was to 

identify safety enhancements to flight 

operations in the Hudson River area. 

The proposals in this notice respond to 

recommendations of the FAA’s task 

force, including recommendations to 

amend 14 CFR part 93 to establish an 

SFRA covering the Hudson River and 

East River Exclusions and to define 

operational procedures for use within 

the SFRA. Additionally, an NTSB 

investigation of the accident is currently 

ongoing. Based on preliminary findings, 

the NTSB issued a number of 

recommendations that are similar to 

those developed by the FAA task force. 

This notice also responds to those 

recommendations. A copy of the 

‘‘Review of New York Visual Flight 

Rules Airspace: Task Force Report,’’ 

dated August 28, 2009, has been placed 

in this rulemaking docket. 

Discussion of the Proposals 

14 CFR Part 71 

The FAA is proposing an amendment 

to title 14 Code of Federal Regulations 

(14 CFR) part 71 to modify portions of 

the New York, NY, Class B airspace area 

in order to establish a uniform Class B 

airspace floor of 1,300 feet MSL above 

the Hudson River Class B Exclusion. 

The Hudson River Exclusion consists of 

that airspace overlying the Hudson 

River beginning near the Alpine Tower 

(a visual reference point north of the 

George Washington Bridge), south to the 

Verrazano-Narrows Bridge, from the 

surface up to the overlying floor of the 

New York Class B airspace area. 

Currently, the floor of Class B airspace 

above the Hudson River Exclusion 

varies between the altitudes of ‘‘above’’ 

1,100 feet MSL and 1,500 feet MSL, at 

different points along the river. In order 

to change the Class B airspace floor to 

1,300 feet MSL in that area, the FAA 

proposes to modify the legal description 

of Area D to remove two segments 

where the floor of Class B airspace 

extends from above 1,100 feet MSL over 

the Hudson River. The two segments to 

be removed from Area D are that 

airspace within a 6-mile radius circle of 

the LGA VOR/DME west of the east 

bank of the Hudson River; and that 

airspace within the 6.5-mile radius 

circle centered at lat. 40°41′30′′ N., long. 

74°09′59′′ W. The modified Area D 

would only describe that airspace above 

1,100 feet above that lies above the East 

River. A new Area K would be added to 

describe that Class B airspace extending 

upward from 1,300 feet MSL above the 

Hudson River. The Area E description 

would be modified to exclude that 

airspace contained in Area K. The 

purpose of this proposed change is to 

provide separate altitudes for aircraft 

conducting local operations within the 

Hudson River Exclusion and those 

overflight aircraft that are transiting 

through the area predominantly in level 

flight. 

14 CFR Part 93 

The FAA is also proposing to 

establish an SFRA in part 93 covering 

the New York Class B airspace Hudson 

River and East River Exclusions. The 

SFRA would mandate that pilots follow 

certain operating practices that at 

present are voluntary. In addition, pilots 

would need to comply with mandatory 

charted reporting points that would be 

established for position reporting in the 

Hudson River Exclusion. Lastly, the 

SFRA would incorporate restrictions for 

fixed wing aircraft operations in the East 

River Exclusion that are currently 

published in Flight Data Center NOTAM 

number 6/3495 and were imposed 

following an October 11, 2006 accident. 

This accident occurred when a fixed 

wing aircraft, attempting a 180° turn in 

the East River Exclusion, crashed into 

an apartment building in Manhattan, 

New York City. 

The following voluntary practices, 

applicable in both the Hudson River and 

East River Exclusions, would become 

mandatory for all pilots: 

• Maintain an indicated airspeed not 

to exceed 140 knots. 

• Turn on anti-collision, position/ 

navigation, and/or landing lights. 

• Self announce position on the 

appropriate radio frequency for the East 

River or Hudson as depicted on the New 

York VFR Terminal Area Chart (TAC) 

and/or New York Helicopter Route 

Chart. 

In addition, the following new 

procedures would be adopted: 

For Operations in Both the East River 

and Hudson River Exclusions 

• Pilots must have a current New 

York TAC chart and/or New York 

Helicopter Route Chart in the aircraft 

and familiarize themselves with the 

information contained therein. 

For Hudson River Exclusion Operations 

• Pilots must self announce at the 

charted mandatory reporting points, the 

following information: aircraft type and 

color, current position, direction of 

flight and altitude. 

• Pilots must fly along the West 

shoreline of the Hudson River when 

southbound, and along the East 

shoreline of the Hudson River when 

northbound. 

• Aircraft overflying the area within 

the Hudson River Exclusion, but not 

landing or departing any of the 

Manhattan heliports, or landing 

facilities, or conducting any local area 

operations, must transit the Hudson 

River Exclusion at or above an altitude 

of 1,000 feet MSL up to, but not 

including the floor of the overlying 

Class B airspace. 

For East River Exclusion Operations 

• VFR flight operations by fixed wing 

aircraft (excluding amphibious fixed 

wing aircraft landing or departing the 

New York Skyports, Inc., Seaplane Base) 

in the East River Class B Exclusion 

(from the southwestern tip of Governors 

Island to the northern tip of Roosevelt 

Island) are prohibited unless authorized 

and being controlled by ATC. To obtain 

authorization, pilots must contact 

LaGuardia Airport Traffic Control 

Tower prior to Governors Island. 

Regulatory Evaluation, Regulatory 

Flexibility Determination, International 

Trade Impact Assessment, and 

Unfunded Mandates Assessment 

Changes to Federal regulations must 

undergo several economic analyses. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
47498 Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Proposed Rules 

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 (Pub. L. 96–354) requires 

agencies to analyze the economic 

impact of regulatory changes on small 

entities. Third, the Trade Agreements 

Act (Pub. L. 96–39) prohibits agencies 

from setting standards that create 

unnecessary obstacles to the foreign 

commerce of the United States. In 

developing U.S. standards, the Trade 

Act requires agencies to consider 

international standards and, where 

appropriate, that they be the basis of 

U.S. standards. Fourth, the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4) requires agencies to prepare a 

written assessment of the costs, benefits, 

and other effects of proposed or final 

rules that include a Federal mandate 

likely to result in the expenditure by 

State, local, or Tribal governments, in 

the aggregate, or by the private sector, of 

$100 million or more annually (adjusted 

for inflation with base year of 1995). 

This portion of the preamble 

summarizes the FAA’s analysis of the 

economic impacts of this proposed rule. 

Department of Transportation Order 

DOT 2100.5 prescribes policies and 

procedures for simplification, analysis, 

and review of regulations. If the 

expected cost impact is so minimal that 

a proposed or final rule does not 

warrant a full evaluation, this order 

permits that a statement to that effect 

and the basis for it be included in the 

preamble if a full regulatory evaluation 

of the cost and benefits is not prepared. 

Such a determination has been made for 

this proposed rule. The reasoning for 

this determination follows. 

This rule merely sets a uniform 

ceiling in the Hudson River Exclusion to 

facilitate segregation of overflights from 

local traffic. Pilots would self-announce 

at the reporting points while in the 

Exclusion area. Pilot training regarding 

this change is voluntary. We are 

incorporating the existing NOTAM 

restricting certain fixed-wing operations 

in the East River Exclusion Area. 

Therefore, this rule does not change the 

quantity of flights, nor training 

requirements, and continues the 

existing safety restriction in the East 

River Exclusion Area. Pilots will be 

required to carry current charts, at a cost 

of $5.25 each. As a result, the expected 

cost is minimal. In addition, these 

changes are expected to improve 

airspace safety. We request comments 

with supporting justification regarding 

the FAA determination of minimal 

impact. 

FAA has, therefore, determined that 

this proposed rule is not a ‘‘significant 

regulatory action’’ as defined in section 

3(f) of Executive Order 12866, and is not 

‘‘significant’’ as defined in DOT’s 

Regulatory Policies and Procedures. 

Regulatory Flexibility Determination 

The Regulatory Flexibility Act of 1980 

(Pub. L. 96–354) (RFA) establishes ‘‘as a 

principle of regulatory issuance that 

agencies shall endeavor, consistent with 

the objectives of the rule and of 

applicable statutes, to fit regulatory and 

informational requirements to the scale 

of the businesses, organizations, and 

governmental jurisdictions subject to 

regulation. To achieve this principle, 

agencies are required to solicit and 

consider flexible regulatory proposals 

and to explain the rationale for their 

actions to assure that such proposals are 

given serious consideration.’’ The RFA 

covers a wide range of small entities, 

including small businesses, not-forprofit organizations, and small 

governmental jurisdictions. 

Agencies must perform a review to 

determine whether a rule will have a 

significant economic impact on a 

substantial number of small entities. If 

the agency determines that it will, the 

agency must prepare a regulatory 

flexibility analysis as described in the 

RFA. 

However, if an agency determines that 

a rule is not expected to have a 

significant economic impact on a 

substantial number of small entities, 

section 605(b) of the RFA provides that 

the head of the agency may so certify 

and a regulatory flexibility analysis is 

not required. The certification must 

include a statement providing the 

factual basis for this determination, and 

the reasoning should be clear. We agree 

the rule may well affect a substantial 

number of small entities. However, the 

FAA expects this rule to impose only 

minimal cost; therefore there is not a 

significant economic impact. 

Therefore, the FAA certifies that this 

proposed rule would not have a 

significant economic impact on a 

substantial number of small entities. 

The FAA solicits comments regarding 

this determination. 

International Trade Impact Assessment 

The Trade Agreements Act of 1979 

(Pub. L. 96–39) prohibits Federal 

agencies from establishing any 

standards or engaging in related 

activities that create unnecessary 

obstacles to the foreign commerce of the 

United States. Legitimate domestic 

objectives, such as safety, are not 

considered unnecessary obstacles. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. The FAA has assessed 

the potential effect of this proposed rule 

and has determined that it would have 

only a domestic impact and therefore no 

effect on international trade. 

Unfunded Mandates Assessment 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires each Federal agency to prepare 

a written statement assessing the effects 

of any Federal mandate in a proposed or 

final agency rule that may result in an 

expenditure of $100 million or more (in 

1995 dollars) in any one year by State, 

local, and Tribal governments, in the 

aggregate, or by the private sector; such 

a mandate is deemed to be a ‘‘significant 

regulatory action.’’ The FAA currently 

uses an inflation-adjusted value of 

$136.1 million in lieu of $100 million. 

This proposed rule does not contain 

such a mandate; therefore, the 

requirements of Title II of the Act do not 

apply. 

Environmental Analysis 

FAA Order 1050.1E identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act in the 

absence of extraordinary circumstances. 

The FAA has determined that this 

proposed rulemaking action qualifies for 

the categorical exclusion identified in 

paragraph 312f and involves no 

extraordinary circumstances. The FAA 

has further determined that the 

modification of the New York, NY Class 

B airspace area qualifies for the 

categorical exclusion identified in 

paragraph 311a and involves no 

extraordinary circumstances. Finally, 

the FAA determined the proposed SFAR 

and corresponding operational and pilot 

procedures qualify for the categorical 

exclusion identified in paragraph 311j 

and involve no extraordinary 

circumstances. 

Additional Information 

Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. We also invite comments relating 

to the economic, environmental, energy, 

or federalism impacts that might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Proposed Rules 47499 

does not contain duplicate comments, 

please send only one copy of written 

comments, or if you are filing comments 

electronically, please submit your 

comments only one time. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this proposed rulemaking. 

Before acting on this proposal, we will 

consider all comments we receive on or 

before the closing date for comments. 

We will consider comments filed after 

the comment period has closed if it is 

possible to do so without incurring 

expense or delay. We may change this 

proposal in light of the comments we 

receive. 

Availability of Rulemaking Documents 

You can get an electronic copy of 

rulemaking documents using the 

Internet by— 

1. Searching the Federal eRulemaking 

Portal (http://www.regulations.gov); 

2. Visiting the FAA’s Regulations and 

Policies Web page at http:// 

www.faa.gov/regulations_policies or 

3. Accessing the Government Printing 

Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

You can also get a copy by sending a 

request to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. Make sure to 

identify the docket number, notice 

number, or amendment number of this 

rulemaking. 

You may access all documents the 

FAA considered in developing this 

proposed rule, including economic 

analyses and technical reports, from the 

Internet through the Federal 

eRulemaking Portal referenced in 

paragraph (1). 

List of Subjects 

14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

14 CFR Part 93 

Aircraft flight, Airspace, Aviation 

safety, Air traffic control, Aircraft, 

Airmen, Airports. 

The Proposed Amendments 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 and 

14 CFR part 93 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

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. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of the FAA Order 7400.9T, 

Airspace Designations and Reporting 

Points, dated and effective September 

15, 2009, is amended as follows: 

Paragraph 3000 Class B Airspace 

* * * * * 

AEA NY B New York, NY [Amended] 

* * * * * 

Boundaries 

By removing the description of Area D and 

Area E and substituting the following; and by 

adding a new Area K as follows: 

Area D. That airspace extending upward 

from above 1,100 feet MSL to and including 

7,000 feet MSL within the area between the 

east and west banks of the East River 

southwest of the north end of Roosevelt 

Island. 

Area E. That airspace extending upward 

from 1,500 feet MSL to and including 7,000 

feet MSL within the area bounded by a line 

beginning at the intersection of the 20-mile 

radius circle of JFK VORTAC and the JFK 

VORTAC 208° radial, thence 

counterclockwise along the 20-mile arc to its 

intersection with the Long Island shoreline, 

thence southwest along the Long Island 

shoreline to and counterclockwise along the 

13-mile radius circle of JFK VORTAC to and 

counterclockwise along the 11-mile radius 

circle of LGA VOR/DME to the LGA VOR/ 

DME 351° radial, thence direct to the LGA 

VOR/DME 283° radial at the LGA VOR/DME 

17-mile DME fix, thence counterclockwise 

along a 10-mile radius circle centered at lat. 

40°41′30′′ N., long. 74°09′59′′ W., to its 

intersection with the Colts Neck VORTAC 

005° radial, thence direct to the intersection 

of the Colts Neck VORTAC 034° radial and 

the New Jersey shoreline at Sandy Hook, 

thence south along the New Jersey shoreline 

to the point of beginning; and that airspace 

within 2 miles each side of the Newark ILS 

Runway 4L localizer course, extending from 

the CHESA outer marker to 6 miles 

southwest of the outer marker, excluding that 

airspace within and below Areas A, B, C, and 

D previously described; and excluding the 

airspace within and below Areas F, J and K 

hereinafter described. 

Area K. That airspace extending upward 

from 1,300 feet MSL, to and including 7,000 

feet MSL north of LaGuardia Airport within 

the area beginning at the intersection of the 

LGA VOR/DME 11-mile DME arc and the 

west bank of the Hudson River (near Alpine 

Tower) thence south along the west bank of 

the Hudson River to intersect the Colts Neck 

VOR/DME 012° (T)/023° (M) radial, thence 

southwest along the Colts Neck 012° (T)/023° 

(M) radial to the Hudson River shoreline, 

thence south along the shoreline to the 

Verrazano-Narrows Bridge, thence east along 

the Bridge to the east bank of the Hudson 

River, thence north along the east bank of the 

Hudson River to lat. 40°38′39′′ N., long. 

74°02′03′′ W., thence north along a line 

drawn direct to the southwesternmost point 

of Governors Island, thence north along a line 

drawn direct to the southwest tip of 

Manhattan Island, thence north along the east 

bank of the Hudson River to the LGA VOR/ 

DME 11–DME arc, north of LaGuardia 

Airport, thence counterclockwise along the 

11-mile arc to the point of beginning. 

* * * * * 

PART 93—SPECIAL AIR TRAFFIC 

RULES 

3. The authority citation for part 93 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40106, 

40109, 40113, 44502, 44514, 44701, 44719, 

46301. 

4. Add subpart W, consisting of 

§§ 93.350 through 93.353, to read as 

follows: 

Subpart W—New York Class B Airspace 

Hudson River and East River Exclusion 

Special Flight Rules Area 

Sec. 

93.350 Definitions. 

93.351 General requirements for operating 

in the East River and/or Hudson River 

Exclusions. 

93.352 Hudson River Exclusion specific 

procedures. 

93.353 East River Exclusion specific 

procedures. 

Subpart W—New York Class B 

Airspace Hudson River and East River 

Exclusion Special Flight Rules Area 

§ 93.350 Definitions. 

For the purposes of this subpart: 

New York Class B airspace East River 

Exclusion is an area between the east 

and west banks of, and overlying, the 

East River from the southwestern tip of 

Governors Island to the north tip of 

Roosevelt Island, from the surface up to 

1,100 feet MSL. 

New York Class B airspace Hudson 

River Exclusion is an area from the 

surface up to but not including the 

overlying floor of the New York Class B 

airspace area, between the east and west 

banks of, and overlying, the Hudson 

River within the area beginning north of 

LaGuardia Airport at the intersection of 

the LGA VOR/DME 11-mile DME arc 

and the west bank of the Hudson River 

(near Alpine Tower) thence south along 

the west bank of the Hudson River to 

intersect the Colts Neck VOR/DME 012° 

(T)/023° (M) radial, thence southwest 

along the Colts Neck 012° (T)/023° (M) 

radial to the Hudson River shoreline, 


srobinson on DSKHWCL6B1PROD with PROPOSALS
47500 Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Proposed Rules 

thence south along the shoreline to the 

Verrazano-Narrows Bridge, thence east 

along the Bridge to the east bank of the 

Hudson River, thence north along the 

east bank of the Hudson River to lat. 

40°38′39′′ N., long. 74°02′03′′ W., thence 

north along a line drawn direct to the 

southwesternmost point of Governors 

Island, thence north along a line drawn 

direct to the southwest tip of Manhattan 

Island, thence north along the east bank 

of the Hudson River to the LGA VOR/ 

DME 11–DME arc, north of LaGuardia 

Airport, thence counterclockwise along 

the 11-mile arc to the point of 

beginning. 

§ 93.351 General requirements for 

operating in the East River and/or Hudson 

River Exclusions. 

Pilots must adhere to the following 

requirements: 

(a) Maintain an indicated airspeed not 

to exceed 140 knots. 

(b) Turn on anticollision, position/ 

navigation, and/or landing lights. 

(c) Self announce position on the 

appropriate radio frequency for the East 

River or Hudson River as depicted on 

the New York VFR Terminal Area Chart 

(TAC) and/or New York Helicopter 

Route Chart. 

(d) Have a current New York TAC 

chart and/or New York Helicopter Route 

Chart in the aircraft and be familiar with 

the information contained therein. 

§ 93.352 Hudson River Exclusion specific 

procedures. 

In addition to the requirements in 

§ 93.351, the following procedures 

apply: 

(a) Pilots must self announce at the 

charted mandatory reporting points, the 

following information: Aircraft type and 

color, current position, direction of 

flight and altitude. 

(b) Pilots must fly along the West 

shoreline of the Hudson River when 

southbound, and along the East 

shoreline of the Hudson River when 

northbound. 

(c) Aircraft overflying the area within 

the Hudson River Exclusion, but not 

landing or departing any of the 

Manhattan heliports, or conducting any 

local area operations, must transit the 

Hudson River Exclusion at or above an 

altitude of 1,000 feet MSL up to, but not 

including the floor of the overlying 

Class B airspace. 

§ 93.353 East River Exclusion specific 

procedures. 

In addition to the requirements in 

§ 93.351, VFR flight operations by fixed 

wing aircraft (excluding seaplane fixed 

wing aircraft landing or departing the 

New York Skyports, Inc. seaplane base) 

in the East River Class B Exclusion 

extending from the southwestern tip of 

Governors Island to the north tip of 

Roosevelt Island are prohibited unless 

authorized and being controlled by 

ATC. To obtain authorization, pilots 

must contact LaGuardia Airport Traffic 

Control Tower prior to Governors 

Island. 

Issued in Washington, DC, on September 

11, 2009. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. E9–22344 Filed 9–15–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Parts 1 and 17 

[REG–140492–02] 

RIN 1545–BDO4 

Definition of Solid Waste Disposal 

Facilities for Tax-Exempt Bond 

Purposes 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Withdrawal of notice of 

proposed rulemaking; Notice of 

proposed rulemaking; Notice of public 

hearing on proposed rulemaking. 

SUMMARY: This document contains 

proposed regulations on the definition 

of solid waste disposal facilities for 

purposes of the rules applicable to taxexempt bonds issued by State and local 

governments. These proposed 

regulations provide guidance to State 

and local governments that issue taxexempt bonds to finance solid waste 

disposal facilities and to taxpayers that 

use those facilities. This document also 

withdraws the notice of proposed 

rulemaking that was published in the 

Federal Register on May 10, 2004, 

proposes to remove certain existing 

regulations that provide rules for 

determining whether a facility is a solid 

waste disposal facility, and contains a 

notice of public hearing on these 

proposed regulations. 

DATES: Written or electronic comments 

must be received by December 15, 2009. 

Outlines of topics to be discussed at the 

public hearing scheduled for January 5, 

2010 must be received by December 17, 

2009. 

ADDRESSES: Send submissions to: 

CC:PA:LPD:PR (REG–140492–02), room 

5203, Internal Revenue Service, P.O. 

Box 7604, Ben Franklin Station, 

Washington, DC 20044. Submissions 

may be hand delivered to: 

CC:PA:LPD:PR Monday through Friday 

between the hours of 8 a.m. and 4 p.m. 

to CC:PA:LPD:PR (REG–140492–02), 

Courier’s Desk, Internal Revenue 

Service, 1111 Constitution Avenue, 

NW., Washington, DC, or sent 

electronically via the Federal 

eRulemaking Portal at http:// 

www.regulations.gov (IRS REG–140492– 

02). The public hearing will be held in 

room 2615 at the Internal Revenue 

Building, 1111 Constitution Avenue, 

NW., Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Concerning the proposed regulations, 

Aviva Roth at (202) 622–3980; 

concerning submissions of comments, 

the hearing, and/or to be placed on the 

building access list to attend the 

hearing, e-mail 

Richard.A.Hurst@irscousel.treas.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

This document proposes to amend the 

Income Tax Regulations (26 CFR part 1) 

under section 142 of the Internal 

Revenue Code (Code) to provide rules 

for determining whether a facility is a 

solid waste disposal facility under 

section 142(a)(6). This document also 

proposes to remove certain existing 

regulations that provide rules for 

determining whether a facility is a solid 

waste disposal facility and contains a 

notice of public hearing on these 

proposed regulations. On May 10, 2004, 

the IRS published a notice of proposed 

rulemaking (REG–140492–02) in the 

Federal Register (69 FR 25856) 

regarding when a facility qualifies as a 

solid waste disposal facility under 

section 142 (2004 Proposed 

Regulations). The 2004 Proposed 

Regulations proposed a new 

§ 1.142(a)(6)–1 of the Income Tax 

Regulations and would have removed 

existing § 1.103–8(f)(2) and § 17.1 of the 

temporary Income Tax Regulations on 

this subject (together, the Existing 

Regulations). Comments on the 2004 

Proposed Regulations were received and 

a hearing was held on August 11, 2004. 

After consideration of the public 

comments, the IRS and the Treasury 

Department propose extensive changes 

to the 2004 Proposed Regulations. In 

order to allow the public an opportunity 

to comment with respect to these 

extensive changes, we are issuing these 

proposed regulations and holding a 

public hearing on these proposed 

regulations. 

Explanation of Provisions 

1. Introduction and Existing Regulations 

In general, interest on State or local 

bonds is excludable from gross income 


srobinson on DSKHWCL6B1PROD with PROPOSALS