[Federal Register Volume 60, Number 4 (Friday, January 6, 1995)]
[Proposed Rules]
[Pages 2047-2048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-366]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71

[Airspace Docket No. 93-AEA-02]


Proposed Modification of Class E Airspace; Dunkirk, NY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice proposes to revise Class E Airspace in the 
vicinity of Dunkirk, NY, to provide additional controlled airspace for 
aircraft operations conducted under instrument flight rules (IFR) to 
and from the Angola Airport, NY. Airspace reclassification, in effect 
as of September 16, 1993, has discontinued the use of the term 
``transition area,'' and certain controlled airspace areas designated 
from 700 feet above the surface of the earth are now Class E airspace.

DATES: Comments must be received on or before February 1, 1995.

ADDRESSES: Send comments on the proposal in triplicate to: Michael 
Sammartino, Manager, System Management Branch, AEA-530, Docket No. 93-
AEA-02, F.A.A. Eastern Region, Fitzgerald Federal Building No. 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, at the same address.
    An informal docket may also be examined during normal business 
hours in the Office of the Manager, System Management Branch, Air 
Traffic Division, at the address shown above.

FOR FURTHER INFORMATION CONTACT: Frank Jordan, Designated Airspace 
Specialist, System Management Branch, AEA-530, F.A.A. Eastern Region, 
Fitzgerald Federal Building No. 111, John F. Kennedy International 
Airport, Jamaica, NY 11430; telephone: (718) 553-0857.

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. 93-
ARA-02''. 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 NPRMs

    Any person may obtain a copy of this Notice of Proposed Rulemaking 
(NPRM) by submitting a request to the Office of the Assistant Chief 
Council, AEA-7, F.A.A. Eastern Region, Fitzgerald Federal Building No. 
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) to establish additional Class E 
Airspace for IFR aircraft operations in the vicinity of Dunkirk, NY. 
Airspace reclassification, in effect as of September 16, 1993, has 
discontinued the use of the term ``Transition Area,'' and certain 
controlled airspace areas extending upward from 700 feet above the 
surface of the earth are now Class E airspace. The coordinates for this 
airspace docket are based on North American Datum 83. Class E airspace 
areas extending upward from 700 feet above the surface of the earth are 
published in Paragraph 6005 of FAA Order 7400.9B, Airspace Designations 
and Reporting Points, dated July 18, 1994, and effective September 16, 
1994, which is incorporated by reference in 14 CFR 71.1. The Class E 
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. 
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 
will only affect air traffic procedures and air navigation, it is 
certified that, when promulgated, this rule will not have a significant 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act. [[Page 2048]] 

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 6005--Class E airspace areas extending upward from 700 
feet or more above the surface of the earth

* * * * *

AEA NY TA Dunkirk, NY [Revised]

Chautauqua County/Dunkirk Airport, Dunkirk, NY
    (Lat. 42 deg.29'36''N., long. 79 deg.16'19''W.)
Dunkirk VORTAC, NY
    (Lat. 42 deg.29'26''N., long. 79 deg.16'27''W.)
Angola Airport, NY
    (Lat. 42 deg.39'37''N., long. 78 deg.59'28''W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.6-mile radius of the Chautauqua County/Dunkirk Airport 
and within an 11.8-mile radius of the Chautauqua County/Dunkirk 
Airport extending clockwise from a 022 deg. to a 232 deg. bearing 
from the Chautauqua County/Dunkirk Airport and within a 6.3-mile 
radius of the Angola Airport and that airspace within 5.3 miles 
northwest of the 051 deg.(T) 058 deg.(M) radial of the Dunkirk 
VORTAC and within 5.3 miles northwest of the 231 deg.(T) 
238 deg.(M), extending southwest along said radials from the 6.3-
mile radius to 9.9 miles southwest of the VORTAC.
* * * * *
    Issued in Jamaica, New York, on December 20, 1994.
John S. Walker,
Manager, Air Traffic Division.
[FR Doc. 95-366 Filed 1-5-95; 8:45 am]
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