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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 71
          - [Docket No. FAA-2006-26095; Airspace Docket No. 06-AEA-014]

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Final rule. 

# SUMMARY:

                        This action establishes Class D airspace at Griffiss Airfield, Rome, NY. This action is necessary for the protection of an activated control tower for Griffiss Airfield, Rome, NY. The area would be depicted on aeronautical charts for pilot reference. This was published in the                         **Federal Register**                         on November 17, 2006. 71 FR 66893.                     

# EFFECTIVE DATE:

                         0901 UTC January 18, 2007. The Director of the                         **Federal Register**                         approves this incorporation by reference action under 1 CFR 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.                    

# FOR FURTHER INFORMATION CONTACT:

Mr. Francis T. Jordan, Jr., Airspace Specialist, Airspace Branch, AEA-520 FAA Eastern Region, 1 Aviation Plaza, Jamaica, NY 11434-4809: telephone: (718) 553-4521.

# SUPPLEMENTARY INFORMATION:

## History

                    On November 28, 2006 a notice proposing to amend Part 71 of the Federal Aviation Regulations (14 CFR Part 71) by establishing Class D airspace extending upward from the surface to and including 3,200 feet MSL within a 4.5 mile radius of the Griffiss Airfield, Rome, NY, was published in the                     **Federal Register.**                     Interested parties were invited to participate in this rulemaking by submitting written comments on the proposal to the FAA on or before December 29, 2006. 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.                

## The Rule

This amendment to Part 71 of the Federal Aviation Regulations (14 CFR Part 71) provides controlled Class D airspace at Griffiss AFB, Rome, NY. The protection of an activated Control Tower makes this action necessary. That airspace would extend from the surface to and including 3,200 feet MSL within a 4.5 mile radius of the Griffiss Airfield, Rome, NY, and within 2 miles each side of bearing 135°/315° from a point at Lat. 43°14.02′ N, Long. 75°24.25′ W, extending from the 4.5 mile radius zone, to a point 6 miles NW and 6 miles SE of the airport. The class D airspace area would be effective during the specific dates and times established in advance by a notice to airmen. The effective date and time would thereafter be continuously published in the Airport/Facility Directory. Class D airspace designations for airspace areas extending upward from the surface to and including 3,200 feet MSL are published in Paragraph 5000 of FAA Order 7400.9P, dated September 1, 2006, and effective September 15, 2006, which is incorporated by reference in 14 CFR 71.1. The Class D airspace designation 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. 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 would only affect air traffic procedures and air navigation, it is certified that this proposed rule would 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 

2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9P dated September 1, 2006, and effective September 15, 2006, is amended as follows:

*Paragraph 5000 Class D airspace areas extending upward from the surface of the earth.*

## AEA NY (D) Griffiss Airfield, [New]

Rome, NY

(Lat. 43°14′02″ N., long. 75°24′25″ W.)

That airspace extending upward from the surface to and including 3,200 feet MSL within a 4.5 mile radius of the Griffiss Airfield, Rome, NY, and within 2 miles each side of bearing 135°/315° from a point at lat. 43°14.02′ N., long. 75°24.25′ W., extending from the 4.5 mile radius zone, to a point 6 miles NW and 6 miles SE of the airport. The 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 thereafter be continuously published in the Airport/Facility Directory.

Issued in Jamaica, New York, on December 21, 2006.

Mark D. Ward,

Manager, System Support Group.

[FR Doc. 07-299 Filed 1-24-07; 8:45 am]

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