[Federal Register Volume 73, Number 171 (Wednesday, September 3, 2008)]
[Rules and Regulations]
[Pages 51356-51357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19568]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0550; Airspace Docket 08-AEA-21]


Modification of Class D and Class E Airspace; Rome, NY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule, request for comments.

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SUMMARY: This action modifies the Class D and E airspace at Griffiss 
Airfield in Rome, NY. After the development of specific Departure 
Procedures (DPs) at the airfield, it was determined the Class D and E 
Surface airspace should be reduced in size to facilitate a more 
efficient operation. This rule increases the safety and management of 
the National Airspace System (NAS) around Griffiss Airfield.

DATES: Effective 0901 UTC, November 20, 2008. The Director of the 
Federal Register approves this incorporation by reference action under 
title 1, Code of Federal Regulations, part 51, subject to the annual 
revision of FAA Order 7400.9 and publication of conforming amendments. 
Comments should be received no later than October 3, 2008.

ADDRESSES: Send comments on this rule to: U. S. Department of 
Transportation, Docket Operations, West Building, Ground Floor, Room 
W12-140, 1200 New Jersey, SE., Washington, DC 20590-0001; Telephone: 1-
800-647-5527; Fax: 202-493-2251. You must identify the Docket Number 
FAA-2008-0550; Airspace Docket No. 08-AEA-21, at the beginning of your 
comments. You may also submit and review received comments through the 
Internet at http://www.regulations.gov.
    You may review the public docket containing the rule, any comments 
received, and any final disposition in person in the Dockets Office 
(see ADDRESSES section for address and phone number) between 9 a.m. and 
5 p.m., Monday through Friday, except Federal Holidays.
    An informal docket may also be examined during normal business 
hours at the office of the Eastern Service Center, Federal Aviation 
Administration, Room 210, 1701 Columbia Avenue, College Park, Georgia 
30337.

FOR FURTHER INFORMATION CONTACT: Melinda Giddens, Operations Support, 
Eastern Service Center, Federal Aviation Administration, P.O. Box 
20636, Atlanta, Georgia 30320; telephone (404) 305-5610.

SUPPLEMENTARY INFORMATION: 

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse 
or negative comments, and, therefore, issues it as a direct final rule. 
The FAA has determined that this rule only involves an established body 
of technical regulations for which frequent and routine amendments are 
necessary to keep them operationally current. This rule is effective 
and there will be no further action by the FAA unless a written adverse 
or negative comment or a written notice of intent to submit an adverse 
or negative comment is received within the comment period. If the FAA 
receives, within the comment period, an adverse or negative comment, or 
written notice of intent to submit such a comment, a document 
withdrawing the direct final rule will be published in the Federal 
Register, and a notice of proposed rulemaking may be published with a 
new comment period.

Comments Invited

    Although this action is in the form of a direct final rule, and was 
not preceded by a notice of proposed rulemaking, interested persons are 
invited to comment on this rule by submitting such written data, views, 
or arguments as they may desire. An electronic copy of this document 
may be downloaded from and comments may be submitted and reviewed at 
http://www.regulations.gov. Recently published rulemaking documents can 
also be accessed through the FAA's Web page at http://www.faa.gov or 
the Federal Register's Web page at http://www.gpoaccess.gov/fr/index.html. Communications should identify both docket numbers and be 
submitted in triplicate to the address specified under the caption 
ADDRESSES above or through the Web site. All communications received on 
or before the closing date for comments will be considered, and this 
rule may be amended or withdrawn in light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. Factual information that supports 
the commenter's ideas and suggestions is extremely helpful in 
evaluating the effectiveness of this action and determining whether 
additional rulemaking action would be needed. All comments submitted 
will be available, both before and after the closing date for comments, 
in the Rules Docket for examination by interested persons. Those 
wishing the FAA to acknowledge receipt of their comments submitted in 
response to this rule must submit a self-addressed, stamped postcard on 
which the following statement is made: ``Comments to Docket No. FAA-
2008-0550; Airspace Docket No. 08-AEA-21.'' The postcard will be date 
stamped and returned to the commenter.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR) 
part 71 modifies Class D and E2 airspace at Rome, NY by reducing the 
controlled airspace, extending upward from the surface of the Earth to 
support IFR operations at Griffiss Airfield to a 5.0-mile radius with 
minor extensions for arrivals. Class D and E2 Surface airspace is 
usually predicated on departures from an airport with a control tower 
climbing at a standard rate of climb in random

[[Page 51357]]

directions until reaching 700 feet above the surface of the Earth. 
Additionally, the point an aircraft reaches the 1000-foot point Above 
Ground Level (AGL) while descending on a Standard Instrument Approach 
determines extensions to the Class D and E2 airspace. On September 7, 
2007, airspace was developed around the Griffiss Airfield to encompass 
this requirement (72 FR 51357). The criteria at that time required the 
airspace to be an 8.4-mile radius of the airport because of rising 
terrain. Since that date, Departure Procedures (DPs) have been 
developed requiring aircraft to climb on specific headings until 
reaching that 700-foot AGL altitude prior to turning. This required 
procedure allows for the reduction in size of the current Class D and 
E2 airspace facilitating a more efficient operation. This Docket 
provides for that reduction.
    Class D and E2 airspace designations for airspace areas extending 
upwards from the surface of the Earth are published in Paragraph 5000 
and 6002 respectively, of FAA Order 7400.9R, dated August 15, 2007, and 
effective September 15, 2007, which is incorporated by reference in 14 
CFR 71.1. The Class D and E2 airspace designations listed in this 
document will be published subsequently in the Order.

Agency Findings

    The regulations adopted herein will not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among various levels of government. Therefore, it is 
determined that this final rule does not have federalism implications 
under Executive Order 13132.
    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. 
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 this rule, when promulgated, will not have a significant 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act.
    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 
airspace necessary to ensure the safety of aircraft and the efficient 
use of airspace. This regulation is within the scope of that authority 
as it modifies the Class D and E2 airspace at Griffiss Airfield in 
Rome, NY.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration 
amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
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.


Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation 
Administration Order 7400.9R, Airspace Designations and Reporting 
Points, dated August 15, 2007, and effective September 15, 2007, is 
amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AEA NY D Rome, NY [Revised]

Griffiss Airfield, NY
    (Lat. 43[deg]14'02'' N, Long. 75[deg]24'25'' W)

    That airspace extending upward from the surface of the Earth to 
and including 3,000 feet MSL within a 5.0-mile radius of the 
Griffiss Airfield and within 1.2 miles each side of the 331[deg] 
bearing from the airport to 5.6 miles northwest of the airfield and 
within 1.3 miles each side of the 152[deg] bearing from the Griffiss 
Airfield to 5.1 miles southeast of the Airfield. This Class D 
airspace area is effective during the specific days and times 
established in advance by a Notice to Airmen. The effective days and 
times will thereafter be continuously published in the Airport/
Facility Directory.
* * * * *

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

AEA NY E2 Rome, NY [Revised]

Griffiss Airfield, NY
    (Lat. 43[deg]14'02'' N, Long. 75[deg]24'25'' W)

    That airspace extending upward from the surface of the Earth 
within a 5.0-mile radius of the Griffiss Airfield and within 1.2 
miles each side of the 331[deg] bearing from the airport to 5.6 
miles northwest of the airfield and within 1.3 miles each side of 
the 152[deg] bearing from the Griffiss Airfield to 5.1 miles 
southeast of the Airfield. This Class E Surface airspace area is 
effective during the specific days and times established in advance 
by a Notice to Airmen. The effective days and times will thereafter 
be continuously published in the Airport/Facility Directory.
* * * * *

    Issued in College Park, Georgia, on August 4, 2008.
Mark D. Ward,
Manager, Operations Support Group, Eastern Service Center, Air Traffic 
Organization.
[FR Doc. E8-19568 Filed 9-2-08; 8:45 am]
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