Establishment of Class D Airspace and Amendment of Class E Airspace; East Hampton, NY, 37569-37570 [2012-15279]
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Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Rules and Regulations
Dated: June 14, 2012.
Richard Cordray,
Director, Bureau of Consumer Financial
Protection.
[FR Doc. 2012–15163 Filed 6–21–12; 8:45 am]
BILLING CODE 4810–AM–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2012–0217; Airspace
Docket No. 12–AEA–2]
Establishment of Class D Airspace and
Amendment of Class E Airspace; East
Hampton, NY
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action establishes Class
D airspace and amends existing Class E
airspace at East Hampton, NY, to
accommodate the new mobile airport
traffic control tower (ATCT) at East
Hampton Airport. Controlled airspace
enhances the safety and management of
Instrument Flight Rules (IFR) operations
at the airport. This action also updates
the geographic coordinates of the
airport’s existing Class E airspace and
eliminates Class E extensions that are no
longer required.
DATES: Effective 0901 UTC, July 26,
2012. 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
SUMMARY:
John
Fornito, Operations Support Group,
Eastern Service Center, Federal Aviation
Administration, P.O. Box 20636,
Atlanta, Georgia 30320; telephone (404)
305–6364.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
wreier-aviles on DSK7SPTVN1PROD with RULES
History
On March 15, 2012, the FAA
published in the Federal Register a
Notice of Proposed Rulemaking (NPRM)
to establish Class D and E airspace and
amend existing Class E airspace at East
Hampton, NY, to accommodate a new
air traffic control tower at East Hampton
Airport (77 FR 15297). Interested parties
were invited to participate in this
rulemaking effort by submitting written
comments on the proposal to the FAA.
Two positive comments were received
in support of the airspace. One negative
comment letter was received.
VerDate Mar<15>2010
14:17 Jun 21, 2012
Jkt 226001
One positive response was received
from the Town of East Hampton. The
other positive commenter, the East
Hampton Aviation Association,
observed that establishment of Class D
airspace would provide greater safety to
IFR operations during bad weather
conditions. The FAA agrees with this
observation.
The negative response comment was
received from the Eastern Region
Helicopter Council, Inc. (ERHC). ERHC
made several observations in its
comment letter. The FAA does not agree
with this commenter’s observations or
conclusion. Each of the commenter’s
observations are outlined and addressed
below.
The ERHC observed that the purpose
of Class D airspace is to protect IFR
operations; that the East Hampton tower
will not have radar capabilities; that the
tower will not have the authority to
require helicopters to fly specific
arrival/departure flight paths; and that
most helicopter operations already
comply with the voluntary noise
abatement procedures; therefore, the
commenter concludes that the airspace
changes are not needed.
The FAA does not agree. The
protection provided by Class D airspace
to IFR operations is not based on the
tower’s ability to use radar to provide
separation. Rather, the airspace
establishes higher weather minima for
VFR flights, thus restricting access of
VFR flights to the airspace while IFR
operations are in progress.
The ERHC commented that an
unintended consequence of establishing
Class D airspace would be increased
noise impact from helicopters that are
forced to wait outside the Class D
airspace during adverse weather
conditions.
While the FAA agrees that one-at-atime Special VFR operations may have
the potential for creating adverse effects,
separation rules for Special VFR
operations in Class D airspace allow for
multiple helicopters to operate in Class
D airspace at the same time, as long as
they operate at a safe distance from IFR
operations. Use of these rules requires
the helicopter operators to enter into a
Letter of Agreement (LOA) with the
FAA. Use of these rules will allow the
helicopter operators to minimize any
delays they may experience due to the
airspace, as well as provide a higher
level of safety to all operations in
adverse weather conditions.
The ERHC observed that one purpose
of establishing a tower at East Hampton
Airport is for helicopter noise mitigation
purposes.
The FAA does not agree. The purpose
of control towers and Class D airspace
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
37569
is the safe and efficient use of airspace.
Class D airspace provides controlled
airspace to contain IFR arrival and
departure operations. Further, Class D
enhances safety by setting VFR weather
minima specified in 14 CFR § 91.155
and the communications and other
operating requirements in 14 CFR
91.129.
The Proposed Rule included a Class E
surface area to be in effect when the
control tower is closed. One prerequisite
for the establishment of controlled
airspace at the surface of an airport is
the availability of hourly and special
weather observations. Currently this
prerequisite is only met during the dates
and times when the tower will be
operating. Therefore, the Class E surface
area has been removed from this rule
action.
The current Class E5 Airspace Areas
Extending Upward from 700 feet or
More Above the Surface of the Earth
(E5) includes two extensions for the
support of IFR approach procedures.
The approaches published for East
Hampton Airport have been modified
since this airspace was established and
these extensions are no longer required
for safe IFR operations. Therefore, they
are being removed as part of the rule.
Class D and E airspace designations
are published in Paragraphs 5000 and
6005, respectively, of FAA Order
7400.9V dated August 9, 2011, and
effective September 15, 2011, which is
incorporated by reference in 14 CFR
71.1. The Class D and E airspace
designations listed in this document
will be published subsequently in the
Order.
The Rule
This amendment to Title 14, Code of
Federal Regulations (14 CFR) part 71
establishes Class D airspace extending
upward from the surface to and
including 2,500 feet MSL within a 4.8mile radius of East Hampton Airport,
East Hampton, NY. Controlled airspace
supports the new airport traffic control
tower for continued safety and
management of IFR operations at East
Hampton Airport. This action also
amends Class E airspace extending
upward from 700 feet above the surface
within a 7.3-mile radius of the airport.
The geographic coordinates of the
airport are adjusted to be in concert
with the FAA’s current aeronautical
database.
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. Therefore, this regulation: (1) Is
not a ‘‘significant regulatory action’’
E:\FR\FM\22JNR1.SGM
22JNR1
37570
Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Rules and Regulations
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 establishes and amends controlled
airspace at East Hampton Airport, East
Hampton, NY.
§ 71.1
Environmental Review
Issued in College Park, Georgia, on June 14,
2012.
Barry A. Knight,
Manager, Operations Support Group, Eastern
Service Center, Air Traffic Organization.
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1E, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 311a. This airspace action is
not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.9V, Airspace
Designations and Reporting Points,
dated August 9, 2011, and effective
September 15, 2011, is amended as
follows:
■
Paragraph 5000
Class D airspace.
*
*
*
*
*
AEA NY D East Hampton, NY [NEW]
East Hampton Airport, NY
(Lat. 40°57′34″ N., long. 72°15′06″ W.)
That airspace extending upward from the
surface up to and including 2,500 feet MSL
within a 4.8-mile radius of East Hampton
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 6005 Class E airspace areas
extending upward from 700 feet or more
above the surface of the earth.
*
*
*
*
*
AEA NY E5 East Hampton, NY
[AMENDED]
East Hampton Airport, NY
(Lat. 40°57′34″ N., long. 72°15′06″ W.)
That airspace extending upward from 700
feet above the surface within a 7.3-mile
radius of East Hampton Airport.
[FR Doc. 2012–15279 Filed 6–21–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
Lists of Subjects in 14 CFR Part 71
21 CFR Part 870
Airspace, Incorporation by reference,
Navigation (air).
[Docket No. FDA–2011–N–0526]
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
Effective Date of Requirement for
Premarket Approval for a Pacemaker
Programmer
AGENCY:
Food and Drug Administration,
wreier-aviles on DSK7SPTVN1PROD with RULES
HHS.
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
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.
VerDate Mar<15>2010
14:17 Jun 21, 2012
Jkt 226001
ACTION:
Final rule.
The Food and Drug
Administration (FDA) is issuing a final
rule to require the filing of a premarket
approval application (PMA) or a notice
of completion of a product development
protocol (PDP) for pacemaker
programmers. The Agency has
summarized its findings regarding the
SUMMARY:
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
degree of risk of illness or injury
designed to be eliminated or reduced by
requiring this device to meet the
statute’s approval requirements and the
benefits to the public from the use of the
devices. This action implements certain
statutory requirements.
DATES: This rule is effective September
20, 2012.
FOR FURTHER INFORMATION CONTACT:
Melissa Burns, Center for Devices and
Radiological Health, Food and Drug
Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 1646, Silver Spring,
MD 20993–0002, 301–796–5616.
SUPPLEMENTARY INFORMATION:
I. Background—Regulatory Authorities
The Federal Food, Drug, and Cosmetic
Act (the FD&C Act), as amended by the
Medical Device Amendments of 1976
(the 1976 amendments) (Pub. L. 94–
295), the Safe Medical Devices Act of
1990 (SMDA) (Pub. L. 101–629), the
Food and Drug Administration
Modernization Act of 1997 (Pub. L. 105–
115), the Medical Device User Fee and
Modernization Act of 2002 (Pub. L. 107–
250), and the Food and Drug
Administration Amendments Act of
2007 (Pub. L. 110–85), among other
amendments, established a
comprehensive system for the regulation
of medical devices intended for human
use. Section 513 of the FD&C Act
(21 U.S.C. 360c) established three
categories (classes) of devices,
depending on the regulatory controls
needed to provide reasonable assurance
of their safety and effectiveness. The
three categories of devices are class I
(general controls), class II (special
controls), and class III (premarket
approval).
Under section 513 of the FD&C Act,
devices that were in commercial
distribution before the enactment of the
1976 amendments, May 28, 1976
(generally referred to as preamendments
devices), are classified after FDA has:
(1) Received a recommendation from a
device classification panel (an FDA
advisory committee); (2) published the
panel’s recommendation for comment,
along with a proposed regulation
classifying the device; and (3) published
a final regulation classifying the device.
FDA has classified most
preamendments devices under these
procedures.
Devices that were not in commercial
distribution prior to May 28, 1976
(generally referred to as
postamendments devices), are
automatically classified by section
513(f) of the FD&C Act into class III
without any FDA rulemaking process.
Those devices remain in class III and
E:\FR\FM\22JNR1.SGM
22JNR1
]]>Agencies
[Federal Register Volume 77, Number 121 (Friday, June 22, 2012)]
[Rules and Regulations]
[Pages 37569-37570]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15279]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2012-0217; Airspace Docket No. 12-AEA-2]
Establishment of Class D Airspace and Amendment of Class E
Airspace; East Hampton, NY
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action establishes Class D airspace and amends existing
Class E airspace at East Hampton, NY, to accommodate the new mobile
airport traffic control tower (ATCT) at East Hampton Airport.
Controlled airspace enhances the safety and management of Instrument
Flight Rules (IFR) operations at the airport. This action also updates
the geographic coordinates of the airport's existing Class E airspace
and eliminates Class E extensions that are no longer required.
DATES: Effective 0901 UTC, July 26, 2012. 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
FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone (404) 305-6364.
SUPPLEMENTARY INFORMATION:
History
On March 15, 2012, the FAA published in the Federal Register a
Notice of Proposed Rulemaking (NPRM) to establish Class D and E
airspace and amend existing Class E airspace at East Hampton, NY, to
accommodate a new air traffic control tower at East Hampton Airport (77
FR 15297). Interested parties were invited to participate in this
rulemaking effort by submitting written comments on the proposal to the
FAA. Two positive comments were received in support of the airspace.
One negative comment letter was received.
One positive response was received from the Town of East Hampton.
The other positive commenter, the East Hampton Aviation Association,
observed that establishment of Class D airspace would provide greater
safety to IFR operations during bad weather conditions. The FAA agrees
with this observation.
The negative response comment was received from the Eastern Region
Helicopter Council, Inc. (ERHC). ERHC made several observations in its
comment letter. The FAA does not agree with this commenter's
observations or conclusion. Each of the commenter's observations are
outlined and addressed below.
The ERHC observed that the purpose of Class D airspace is to
protect IFR operations; that the East Hampton tower will not have radar
capabilities; that the tower will not have the authority to require
helicopters to fly specific arrival/departure flight paths; and that
most helicopter operations already comply with the voluntary noise
abatement procedures; therefore, the commenter concludes that the
airspace changes are not needed.
The FAA does not agree. The protection provided by Class D airspace
to IFR operations is not based on the tower's ability to use radar to
provide separation. Rather, the airspace establishes higher weather
minima for VFR flights, thus restricting access of VFR flights to the
airspace while IFR operations are in progress.
The ERHC commented that an unintended consequence of establishing
Class D airspace would be increased noise impact from helicopters that
are forced to wait outside the Class D airspace during adverse weather
conditions.
While the FAA agrees that one-at-a-time Special VFR operations may
have the potential for creating adverse effects, separation rules for
Special VFR operations in Class D airspace allow for multiple
helicopters to operate in Class D airspace at the same time, as long as
they operate at a safe distance from IFR operations. Use of these rules
requires the helicopter operators to enter into a Letter of Agreement
(LOA) with the FAA. Use of these rules will allow the helicopter
operators to minimize any delays they may experience due to the
airspace, as well as provide a higher level of safety to all operations
in adverse weather conditions.
The ERHC observed that one purpose of establishing a tower at East
Hampton Airport is for helicopter noise mitigation purposes.
The FAA does not agree. The purpose of control towers and Class D
airspace is the safe and efficient use of airspace. Class D airspace
provides controlled airspace to contain IFR arrival and departure
operations. Further, Class D enhances safety by setting VFR weather
minima specified in 14 CFR Sec. 91.155 and the communications and
other operating requirements in 14 CFR 91.129.
The Proposed Rule included a Class E surface area to be in effect
when the control tower is closed. One prerequisite for the
establishment of controlled airspace at the surface of an airport is
the availability of hourly and special weather observations. Currently
this prerequisite is only met during the dates and times when the tower
will be operating. Therefore, the Class E surface area has been removed
from this rule action.
The current Class E5 Airspace Areas Extending Upward from 700 feet
or More Above the Surface of the Earth (E5) includes two extensions for
the support of IFR approach procedures. The approaches published for
East Hampton Airport have been modified since this airspace was
established and these extensions are no longer required for safe IFR
operations. Therefore, they are being removed as part of the rule.
Class D and E airspace designations are published in Paragraphs
5000 and 6005, respectively, of FAA Order 7400.9V dated August 9, 2011,
and effective September 15, 2011, which is incorporated by reference in
14 CFR 71.1. The Class D and E airspace designations listed in this
document will be published subsequently in the Order.
The Rule
This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 establishes Class D airspace extending upward from the surface
to and including 2,500 feet MSL within a 4.8-mile radius of East
Hampton Airport, East Hampton, NY. Controlled airspace supports the new
airport traffic control tower for continued safety and management of
IFR operations at East Hampton Airport. This action also amends Class E
airspace extending upward from 700 feet above the surface within a 7.3-
mile radius of the airport. The geographic coordinates of the airport
are adjusted to be in concert with the FAA's current aeronautical
database.
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.
Therefore, this regulation: (1) Is not a ``significant regulatory
action''
[[Page 37570]]
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 establishes and amends controlled airspace at East Hampton
Airport, East Hampton, NY.
Environmental Review
The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.
Lists 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--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 7400.9V, Airspace Designations and Reporting
Points, dated August 9, 2011, and effective September 15, 2011, is
amended as follows:
Paragraph 5000 Class D airspace.
* * * * *
AEA NY D East Hampton, NY [NEW]
East Hampton Airport, NY
(Lat. 40[deg]57'34'' N., long. 72[deg]15'06'' W.)
That airspace extending upward from the surface up to and
including 2,500 feet MSL within a 4.8-mile radius of East Hampton
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 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *
AEA NY E5 East Hampton, NY [AMENDED]
East Hampton Airport, NY
(Lat. 40[deg]57'34'' N., long. 72[deg]15'06'' W.)
That airspace extending upward from 700 feet above the surface
within a 7.3-mile radius of East Hampton Airport.
Issued in College Park, Georgia, on June 14, 2012.
Barry A. Knight,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2012-15279 Filed 6-21-12; 8:45 am]
BILLING CODE 4910-13-P
