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###### Department of Transportation

###### Federal Aviation Administration 

          - 14 CFR Part 71 
          - [Docket No. FAA-2009-0750; Airspace Docket No. 09-AEA-16] 

# AGENCY:

Federal Aviation Administration (FAA), DOT. 

# ACTION:

Notice of proposed rulemaking (NPRM).

# SUMMARY:

This action proposes to establish Class D and E airspace and modify existing Class E airspace at State College, PA. The University Park Airport is building a new air traffic control tower and the FAA is directed by law to establish and/or modify controlled surface airspace for the support of air traffic operations. This action would enhance the safety and airspace management around University Park Airport, State College, PA. 

# DATES:

0901 UTC. Comments must be received on or before December 7, 2009. 

# 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-2009-0750; Airspace Docket No. 09-AEA-16, 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. 

      ( print page 54764)    

# FOR FURTHER INFORMATION CONTACT:

Melinda Giddens, Airspace Specialist, Operations Support Group, Eastern Service Center, Air Traffic Organization, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305-5610. 

# SUPPLEMENTARY INFORMATION: 

## Comments Invited 

Interested persons are invited to comment on this rule 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 both docket numbers and be submitted in triplicate to the address listed above. Those 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 Docket No. FAA-2009-0750; Airspace Docket No. 09-AEA-16.” The postcard will be date/time stamped and returned to the commenter. All communications received 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 the comments received. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket. 

## Availability of NPRMs 

                    An electronic copy of this document may be downloaded from and comments submitted through                     *http://www.regulations.gov*. Recently published rulemaking documents can also be accessed through the FAA's Web page at:                     *http://www.faa.gov/​airports_​airtraffic/​air_​traffic/​publications/​airspace_​amendments/​.*                     Additionally, any person may obtain a copy of this notice by submitting a request to the Federal Aviation Administration (FAA), Office of Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW., Washington, DC 20591, or by calling (202) 267-8783. Communications must identify both docket numbers for this notice. Persons interested in being placed on a mailing list for future NPRMs should contact the FAA's Office of Rulemaking, (202) 267-9677, to request a copy of Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure.                 

## The Proposal 

The FAA is considering an amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 to establish Class D and E airspace and modify existing Class E airspace at State College, PA. Class D airspace and Class E airspace designated as an extension to a Class D surface area will be established as required by law to support the operation of the new air traffic control tower. During the airspace evaluation it was determined that the existing Class E airspace (E2), designated as a surface area for the airport, required minor modifications. This proposed rule also imparts a minor update to the geographical coordinates of the University Park Airport. 

Class D airspace designations, Class E surface airspace designations (E2) and Class E airspace designations as extensions to a Class D surface area (E4) are published in Paragraphs 5000, 6002 and 6004, respectively, of FAA Order 7400.9T, signed August 27, 2009, and effective September 15, 2009, which is incorporated by reference in 14 CFR 71.1. The Class D and E airspace designations 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 this proposed rule, when promulgated, would 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 proposed 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 proposed regulation is within the scope of that authority as it proposes to establish Class D and E airspace and modify existing Class E airspace at State College, PA. 

# Lists 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—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 will continue 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 

2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9T, Airspace Designations and Reporting Points, signed August 27, 2009, and effective September 15, 2009, is amended as follows: 

### Paragraph 5000 Class D Airspace. 

* * * * *

## AEA PA D State College, PA [NEW] 

University Park Airport, PA 

(Lat. 40°50′57″ N., long. 77°50′55″ W.) 

That airspace extending upward from the surface up to and including 3,500 feet MSL within a 4.5-mile radius of the University Park Airport. This Class D airspace area is effective during specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory. 

* * * * *

### Paragraph 6002 Class E Airspace Designated as Surface Areas. 

* * * * *

## AEA PA E2 State College, PA [AMENDED] 

University Park Airport, PA 

(Lat. 40°50′57″ N., long. 77°50′55″ W.) 

                                That airspace extending from the surface within a 4.5-mile radius of the University Park Airport; and 1.1 mile either side of the 302° bearing from the airport, extending from the 4.5-mile radius to 5.9 miles northwest of the airport; and that airspace 2.5 miles either                                       ( print page 54765)                                    side of the 053° bearing from the University Park Airport, extending from the 4.5-mile radius to 13.1 miles northeast of the airport. This Class E airspace area is effective during specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory.                             

* * * * *

### Paragraph 6004 Class E Airspace Areas Designated as an Extension to a Class D Surface Area. 

* * * * *

## AEA PA E4 State College, PA [NEW] 

University Park, PA 

(Lat. 40°50′57″ N., long. 77°50′55″ W.) 

That airspace extending from the surface 1.1 mile either side of the 302° bearing from the airport extending from the 4.5-mile radius to 5.9 miles northwest of the airport; and that airspace 2.5 miles either side of the 053° bearing from the University Park Airport extending from the 4.5-mile radius to 13.1 miles northeast of the airport. This Class E airspace area is effective during specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory 

* * * * *

Issued in College Park, Georgia, on October 15, 2009. 

Michael Vermuth, 

Acting Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization. 

[FR Doc. E9-25519 Filed 10-22-09; 8:45 am] 

BILLING CODE 4910-13-P