
[Federal Register: October 23, 2009 (Volume 74, Number 204)]
[
Proposed Rules]               
[Page 54763-54765]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23oc09-11]                         

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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]



 
Establishment of Class D and E Airspace and Modification of Class 

E Airspace; State College, PA



AGENCY: Federal Aviation Administration (FAA), DOT.



ACTION: Notice of proposed rulemaking (NPRM).



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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.



[[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.





Sec.  71.1  [Amended]



    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[deg]50[min]57[sec] N., long. 77[deg]50[min]55[sec] 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[deg]50[min]57[sec] N., long. 77[deg]50[min]55[sec] 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[deg] 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



[[Page 54765]]



side of the 053[deg] 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[deg]50[min]57[sec] N., long. 77[deg]50[min]55[sec] W.)



    That airspace extending from the surface 1.1 mile either side of 

the 302[deg] 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[deg] 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
