Modification of the Philadelphia, PA, Class B Airspace Area, 30019-30021 [2014-11995]
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Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Rules and Regulations
Sioux Falls, SD
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Aberdeen, SD
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[FR Doc. 2014–11999 Filed 5–23–14; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2013–0922; Airspace
Docket No. 13–AWA–5]
RIN 2120–AA66
Modification of the Philadelphia, PA,
Class B Airspace Area
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action amends the
description of Area G of the
Philadelphia Class B airspace area to
correct a design error that resulted in
the Class B airspace boundary being
published 2.1 nautical miles (NM) larger
on the southeast side of the area than
intended. There are no other changes to
the Philadelphia Class B airspace area.
DATES: Effective date 0901 UTC, July 24,
2014. The Director of the Federal
Register approves this incorporation by
reference action under 1 CFR part 51,
subject to the annual revision of FAA
Order 7400.9 and publication of
conforming amendments.
FOR FURTHER INFORMATION CONTACT: Paul
Gallant, Airspace Policy and
Regulations Group, Office of Airspace
Services, Federal Aviation
Administration, 800 Independence
Avenue SW., Washington, DC 20591;
telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
SUMMARY:
emcdonald on DSK67QTVN1PROD with RULES
History
The FAA published in the Federal
Register a notice of proposed
rulemaking (NPRM) to modify Area G of
the Philadelphia, PA, Class B airspace
area (78 FR 76779, December 19, 2013).
Interested parties were invited to
participate in this rulemaking effort by
submitting written comments on the
proposal. No comments were received.
17:52 May 23, 2014
(Lat. 43°38′58″ N., long. 96°46′52″ W.)
VOR/DME
(Lat. 45°25′02″ N., long. 98°22′07″ W.)
The Rule
Issued in Washington, DC, on May 19,
2014.
Gary A. Norek,
Manager, Airspace Policy and Regulations
Group.
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VORTAC
Jkt 232001
30019
The FAA is amending Title 14 Code
of Federal Regulations (14 CFR) part 71
to correct two points used to define the
boundaries of Area G in the description
of the Philadelphia Class B airspace
area. Specifically, the point that reads
‘‘. . .the intersection of the PHL 20-mile
radius and the 136° bearing from
PHL. . .’’ is changed to read ‘‘. . .the
intersection of the 17.9-mile radius and
the 138° bearing from PHL. . . .’’ This
point appears in two places in the Area
G description. In addition, the point that
reads ‘‘. . .the intersection of the PHL
20-mile radius and the 120° bearing
from PHL. . .’’ is changed to read
‘‘. . .the intersection of the 20-mile
radius and the 118° bearing from PHL.
. . .’’ This point appears once in the
Area G description. This change results
in a small reduction in the lateral
dimensions of Class B airspace,
southeast of Philadelphia International
Airport, near the Cross Keys Airport, NJ
(17N). This action does not modify any
other parts of the Philadelphia Class B
airspace area.
Class B airspace areas are published
in paragraph 3000 of FAA Order
7400.9X dated August 7, 2013, and
effective September 15, 2013, which is
incorporated by reference in 14 CFR
71.1. The Class B airspace area listed in
this document will be published
subsequently in the Order.
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’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under Department of
Transportation (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 only affects air traffic
procedures and air navigation, it is
certified that this rule 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.
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Fmt 4700
Sfmt 4700
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 the 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 makes
editorial corrections to an existing Class
B airspace description to maintain
accuracy.
Regulatory Evaluation Summary
Changes to federal regulations must
undergo several economic analyses.
First, Executive Order 12866 and
Executive Order 13563 direct that each
Federal agency shall propose or adopt a
regulation only upon a reasoned
determination that the benefits of the
intended regulation justify its costs.
Second, the Regulatory Flexibility Act
of 1980 (Public Law 96–354) requires
agencies to analyze the economic
impact of regulatory changes on small
entities. Third, the Trade Agreements
Act (Pub. L. 96–39) prohibits agencies
from setting standards that create
unnecessary obstacles to the foreign
commerce of the United States. In
developing U.S. standards, the Trade
Act requires agencies to consider
international standards and, where
appropriate, that they be the basis of
U.S. standards. Fourth, the Unfunded
Mandates Reform Act of 1995 (Pub. L.
104–4) requires agencies to prepare a
written assessment of the costs, benefits,
and other effects of proposed or final
rules that include a Federal mandate
likely to result in the expenditure by
State, local, or tribal governments, in the
aggregate, or by the private sector, of
$100 million or more annually (adjusted
for inflation with base year of 1995).
This portion of the preamble
summarizes the FAA’s analysis of the
economic impacts of this final rule.
Department of Transportation Order
DOT 2100.5 prescribes policies and
procedures for simplification, analysis,
and review of regulations. If the
expected cost impact is so minimal that
a final rule does not warrant a full
evaluation, this order permits that a
statement to that effect and the basis for
it to be included in the preamble if a full
regulatory evaluation of the cost and
benefits is not prepared. Such a
determination has been made for this
E:\FR\FM\27MYR1.SGM
27MYR1
30020
Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Rules and Regulations
final rule. The reasoning for this
determination follows:
In conducting these analyses, the FAA
has determined that this final rule:
(1) Imposes minimal incremental
costs and provides benefits;
(2) Is not an economically ‘‘significant
regulatory action’’ as defined in section
3(f) of Executive Order 12866;
(3) Is not significant as defined in
DOT’s Regulatory Policies and
Procedures;
(4) Will not have a significant
economic impact on a substantial
number of small entities;
(5) Will not have a significant effect
on international trade; and
(6) Will not impose an unfunded
mandate on state, local, or tribal
governments, or on the private sector by
exceeding the monetary threshold
identified.
These analyses are summarized
below.
The Action
This final rule action modifies the
Philadelphia, PA, Class B airspace area
by reducing the size of Area G in the
description of the Philadelphia Class B
airspace area.
Benefits of the Final Rule Action
Reducing the size of the Class B
airspace area increases the airspace
available to aircraft that do not need to
use Class B airspace.
Costs of the Action
The final rule action has no costs.
International Trade Impact Assessment
Outcome of the Final Rule
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. There the FAA has determined
that this final rule is not a ‘‘significant
regulatory action ‘‘as defined in Section
3(f) of Executive 12866, and is not
‘‘significant’’ as defined in DOT’s
Regulatory Policies and Procedures.
The FAA received no comments on
the regulatory evaluation for the NPRM.
emcdonald on DSK67QTVN1PROD with RULES
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980
(Pub. L. 96–354) (RFA) establishes ‘‘as a
principle of regulatory issuance that
agencies shall endeavor, consistent with
the objective of the rule and of
applicable statutes, to fit regulatory and
informational requirements to the scale
of the business, organizations, and
governmental jurisdictions subject to
regulation.’’ To achieve that principle,
the RFA requires agencies to solicit and
consider flexible regulatory proposals
VerDate Mar<15>2010
17:52 May 23, 2014
Jkt 232001
and to explain the rationale for their
actions to assure that such proposals are
given serious consideration. The RFA
covers a wide-range of small entities,
including small businesses, not-forprofit organizations and small
governmental jurisdictions.
Agencies must perform a review to
determine whether a rule will have a
significant economic impact on a
substantial number of small entities. If
the agency determines that it will, the
agency must prepare a regulatory
flexibility analysis as described in the
RFA.
However, if an agency determines that
a rule is not expected to have a
significant economic impact on a
substantial number of small entities,
section 605(b) of the RFA provides that
the head of the agency may so certify
and a regulatory flexibility analysis is
not required. The certification must
include a statement providing the
factual basis for this determination, and
the reasoning should be clear.
This final rule is a routine matter that
only affects air traffic procedures and air
navigation and has no costs.
The FAA received no comments on
the Initial Regulatory Determination,
accepts the determination of no
significant economic impact. Therefore,
as provided in section 605(b), the head
of the FAA certifies that this rulemaking
will not result in a significant economic
impact on a substantial number of small
entities.
The Trade Agreements Act of 1979
(Pub. L. 96–39), as amended by the
Uruguay Round Agreements Act (Pub.
L. 103–465), prohibits Federal agencies
from establishing standards or engaging
in related activities that create
unnecessary obstacles to the foreign
commerce of the United States.
Pursuant to these Acts, the
establishment of standards is not
considered an unnecessary obstacle to
the foreign commerce of the United
States, so long as the standard has a
legitimate domestic objective, such as
the protection of safety, and does not
operate in a manner that excludes
imports that meet this objective. The
statute also requires consideration of
international standards and, where
appropriate, that they be the basis for
U.S. standards.
The FAA received no comments on
the proposed determination of no
impact. Therefore, the FAA has
determined that this final rule will have
no impact on international trade
because it reduces Class B airspace in
the Philadelphia area.
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Unfunded Mandates Assessment
Title II of the Unfunded Mandates
Reform Act of 1995 (Public Law 104–4)
requires each Federal agency to prepare
a written statement assessing the effects
of any Federal mandate in a proposed or
final agency rule that may result in an
expenditure of $100 million or more (in
1995 dollars) in any one year by State,
local, and tribal governments, in the
aggregate, or by the private sector; such
a mandate is deemed to be a ‘‘significant
regulatory action.’’ The FAA currently
uses an inflation-adjusted value of
$151.0 million in lieu of $100 million.
This final rule does not contain such a
mandate; therefore, the requirements of
Title II of the Act do not apply.
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 action is not
expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
List 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
1. The authority citation for 14 CFR
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.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.9X,
Airspace Designations and Reporting
Points, signed August 7, 2013, and
effective September 15, 2013, is
amended as follows:
■
Paragraph 3000
Airspace.
Subpart B—Class B
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AEA PA B Philadelphia, PA [Amended]
Philadelphia International Airport, PA
(Primary Airport)
(Lat. 39°52′20″ N., long. 75°14′27″ W.)
Northeast Philadelphia Airport, PA
E:\FR\FM\27MYR1.SGM
27MYR1
Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Rules and Regulations
(Lat. 40°04′55″ N., long. 75°00′38″ W.)
Cross Keys Airport, NJ
(Lat. 39°42′20″ N., long. 75°01′59″ W.)
Boundaries.
By removing the current description of
Area G and adding in its place:
Area G. That airspace extending upward
from 3,500 feet MSL to and including 7,000
feet MSL within a 20-mile radius of PHL,
excluding that airspace south of a line
beginning at the intersection of the PHL 20mile radius and the 158° bearing from PHL,
thence direct to the intersection of the PHL
17.9-mile radius and the 138° bearing from
PHL, and that airspace bounded by a line
beginning at the intersection of the PHL 17.9mile radius and the 138° bearing from PHL,
thence direct to the intersection of the PHL
15-mile radius and the 141° bearing from
PHL, thence direct to the intersection of the
Cross Keys Airport (17N) 1.5-mile radius and
the 212° bearing from 17N, thence clockwise
via the 1.5-mile radius of 17N to the 257°
bearing from 17N, thence direct to the
intersection of the 17N 1.5-mile radius and
the 341° bearing from 17N, thence clockwise
via the 1.5-mile radius of 17N to the 011°
bearing from 17N, thence direct to the
intersection of the PHL 15-mile radius and
the 127° bearing from PHL, thence direct to
the intersection of the PHL 20-mile radius
and the 118° bearing from PHL, and Areas A,
B, C, D, E and F.
Issued in Washington, DC, on May 19,
2014.
Gary A. Norek,
Manager, Airspace Policy and Regulations
Group.
[FR Doc. 2014–11995 Filed 5–23–14; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 772 and 774
[Docket No. 131121983–4407–01]
RIN 0694–AG02
Revisions to the Export Administration
Regulations Based on the 2013 Missile
Technology Control Regime Plenary
Agreements
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
The Bureau of Industry and
Security (BIS) is amending the Export
Administration Regulations (EAR) to
reflect changes to the Missile
Technology Control Regime (MTCR)
Annex that were agreed to by MTCR
member countries at the October 2013
Plenary in Rome, Italy, and at the 2013
Technical Experts Meeting in Bonn,
Germany. This final rule revises eight
Export Control Classification Numbers
(ECCNs), adds one new ECCN and lastly
emcdonald on DSK67QTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
17:52 May 23, 2014
Jkt 232001
revises two defined terms (the definition
of ‘‘payload’’ and ‘‘repeatability’’) to
implement the changes that were agreed
to at the meetings.
DATES: This rule is effective: May 27,
2014.
FOR FURTHER INFORMATION CONTACT:
Sharon Bragonje, Nuclear and Missile
Technology Controls Division, Bureau
of Industry and Security, Phone: (202)
482–0434; Email: sharon.bragonje@
bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
The MTCR is an export control
arrangement among 34 nations,
including most of the world’s suppliers
of advanced missiles and missile-related
equipment, materials, software and
technology. The regime establishes a
common list of controlled items (the
Annex) and a common export control
policy (the Guidelines) that member
countries implement in accordance with
their national export controls. The
MTCR seeks to limit the risk of
proliferation of weapons of mass
destruction by controlling exports of
goods and technologies that could make
a contribution to delivery systems (other
than manned aircraft) for such weapons.
In 1992, the MTCR’s original focus on
missiles for nuclear weapons delivery
was expanded to include the
proliferation of missiles for the delivery
of all types of weapons of mass
destruction (WMD), i.e., nuclear,
chemical and biological weapons. Such
proliferation has been identified as a
threat to international peace and
security. One way to counter this threat
is to maintain vigilance over the transfer
of missile equipment, material, and
related technologies usable for systems
capable of delivering WMD. MTCR
members voluntarily pledge to adopt the
regime’s export Guidelines and to
restrict the export of items contained in
the regime’s Annex. The
implementation of the regime’s
Guidelines is effectuated through the
national export control laws and
policies of the regime members.
Amendments to the Export
Administration Regulations
This final rule revises the EAR to
reflect changes to the MTCR Annex
agreed to at the October 2013 Plenary in
Rome, Italy, and at the 2013 Technical
Experts Meeting in Bonn, Germany.
Corresponding MTCR Annex references
are provided below for the MTCR
Annex changes agreed to at the
meetings. In the explanation below for
the revisions made in this rule, BIS
identifies these changes as follows:
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Fmt 4700
Sfmt 4700
30021
‘‘Rome 2013 Plenary’’ and ‘‘Bonn 2013
TEM’’ to assist the public in
understanding the origin of each change
included in this final rule.
In section 772.1 (Definitions of Terms
as Used in the Export Administration
Regulations) this final rule amends the
definition of the term ‘‘payload’’ (MTCR
Annex Change, Definitions: ‘‘Payload,’’
Bonn 2013 TEM). The definition of
‘‘payload’’ is revised by adding the
phrase ‘‘and separation systems’’ to the
end of the description for space launch
vehicles in Technical Note (b.2). This
control changes the definition of
‘‘payload’’ for space launch vehicles to
specifically identify separation systems.
This is a clarification and will not
change any scope of control. This
change is not expected to have any
impact on the number of license
applications received by BIS.
In addition, in section 772.1, this final
rule amends the definition of the term
‘‘repeatability’’ (MTCR Annex Change,
Category II: Item 9.A.3., Rome 2013
Plenary). This final rule adds the phrase
‘‘for Inertial Sensor Terminology’’ after
the phrase ‘‘IEEE Standard’’ to add more
description regarding the standard being
referenced. In addition, after the
standard number 528–2001, this final
rule adds the phrase ‘‘in the Definitions
section paragraph 2.214 titled
repeatability (gyro, accelerometer).’’
These changes are not substantive and
are limited to assisting the public in
more easily identifying the standards
being referenced in the ‘‘repeatability’’
definition. This change is not expected
to have any impact on the number of
license applications received by BIS.
In addition, this rule amends the
Commerce Control List (CCL) to reflect
changes to the MTCR Annex.
Specifically, the following nine ECCNs
are affected:
ECCN 1B102 is amended by revising
‘‘items’’ paragraph (a) in the List of
Items Controlled section by correcting a
typographical error in the phrase ‘‘metal
power’’ to make it read ‘‘metal powder.’’
This final rule also revises paragraph (a)
by adding the term ‘‘spheroidal’’ to
clarify that those types of materials are
also within the scope of this paragraph.
Lastly, this final rule revises the cross
reference to the United States Munitions
List (USML) to make the cross reference
more specific and to conform to recent
changes to the manner in which items
controlled for MT reasons are identified
on the USML (MTCR Annex Change,
Category II: Item 4.B.3.d., Bonn 2013
TEM). This change is a follow-up
conforming change to the CCL to reflect
the previous inclusion of the term
‘‘spheroidal’’ in ECCNs 1C011 and
1C111 in the 2012 MTCR Plenary
E:\FR\FM\27MYR1.SGM
27MYR1
Agencies
[Federal Register Volume 79, Number 101 (Tuesday, May 27, 2014)]
[Rules and Regulations]
[Pages 30019-30021]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11995]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2013-0922; Airspace Docket No. 13-AWA-5]
RIN 2120-AA66
Modification of the Philadelphia, PA, Class B Airspace Area
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action amends the description of Area G of the
Philadelphia Class B airspace area to correct a design error that
resulted in the Class B airspace boundary being published 2.1 nautical
miles (NM) larger on the southeast side of the area than intended.
There are no other changes to the Philadelphia Class B airspace area.
DATES: Effective date 0901 UTC, July 24, 2014. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.
FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy and
Regulations Group, Office of Airspace Services, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
History
The FAA published in the Federal Register a notice of proposed
rulemaking (NPRM) to modify Area G of the Philadelphia, PA, Class B
airspace area (78 FR 76779, December 19, 2013). Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal. No comments were received.
The Rule
The FAA is amending Title 14 Code of Federal Regulations (14 CFR)
part 71 to correct two points used to define the boundaries of Area G
in the description of the Philadelphia Class B airspace area.
Specifically, the point that reads ``. . .the intersection of the PHL
20-mile radius and the 136[deg] bearing from PHL. . .'' is changed to
read ``. . .the intersection of the 17.9-mile radius and the 138[deg]
bearing from PHL. . . .'' This point appears in two places in the Area
G description. In addition, the point that reads ``. . .the
intersection of the PHL 20-mile radius and the 120[deg] bearing from
PHL. . .'' is changed to read ``. . .the intersection of the 20-mile
radius and the 118[deg] bearing from PHL. . . .'' This point appears
once in the Area G description. This change results in a small
reduction in the lateral dimensions of Class B airspace, southeast of
Philadelphia International Airport, near the Cross Keys Airport, NJ
(17N). This action does not modify any other parts of the Philadelphia
Class B airspace area.
Class B airspace areas are published in paragraph 3000 of FAA Order
7400.9X dated August 7, 2013, and effective September 15, 2013, which
is incorporated by reference in 14 CFR 71.1. The Class B airspace area
listed in this document will be published subsequently in the Order.
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'' under Executive Order 12866; (2) is not a ``significant rule''
under Department of Transportation (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 only affects air traffic
procedures and air navigation, it is certified that this rule 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
the 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 makes editorial corrections to an existing Class B
airspace description to maintain accuracy.
Regulatory Evaluation Summary
Changes to federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563 direct
that each Federal agency shall propose or adopt a regulation only upon
a reasoned determination that the benefits of the intended regulation
justify its costs. Second, the Regulatory Flexibility Act of 1980
(Public Law 96-354) requires agencies to analyze the economic impact of
regulatory changes on small entities. Third, the Trade Agreements Act
(Pub. L. 96-39) prohibits agencies from setting standards that create
unnecessary obstacles to the foreign commerce of the United States. In
developing U.S. standards, the Trade Act requires agencies to consider
international standards and, where appropriate, that they be the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4) requires agencies to prepare a written assessment of
the costs, benefits, and other effects of proposed or final rules that
include a Federal mandate likely to result in the expenditure by State,
local, or tribal governments, in the aggregate, or by the private
sector, of $100 million or more annually (adjusted for inflation with
base year of 1995). This portion of the preamble summarizes the FAA's
analysis of the economic impacts of this final rule.
Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a final rule does not
warrant a full evaluation, this order permits that a statement to that
effect and the basis for it to be included in the preamble if a full
regulatory evaluation of the cost and benefits is not prepared. Such a
determination has been made for this
[[Page 30020]]
final rule. The reasoning for this determination follows:
In conducting these analyses, the FAA has determined that this
final rule:
(1) Imposes minimal incremental costs and provides benefits;
(2) Is not an economically ``significant regulatory action'' as
defined in section 3(f) of Executive Order 12866;
(3) Is not significant as defined in DOT's Regulatory Policies and
Procedures;
(4) Will not have a significant economic impact on a substantial
number of small entities;
(5) Will not have a significant effect on international trade; and
(6) Will not impose an unfunded mandate on state, local, or tribal
governments, or on the private sector by exceeding the monetary
threshold identified.
These analyses are summarized below.
The Action
This final rule action modifies the Philadelphia, PA, Class B
airspace area by reducing the size of Area G in the description of the
Philadelphia Class B airspace area.
Benefits of the Final Rule Action
Reducing the size of the Class B airspace area increases the
airspace available to aircraft that do not need to use Class B
airspace.
Costs of the Action
The final rule action has no costs.
Outcome of the Final Rule
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.
There the FAA has determined that this final rule is not a
``significant regulatory action ``as defined in Section 3(f) of
Executive 12866, and is not ``significant'' as defined in DOT's
Regulatory Policies and Procedures.
The FAA received no comments on the regulatory evaluation for the
NPRM.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objective of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the business, organizations, and governmental jurisdictions subject
to regulation.'' To achieve that principle, the RFA requires agencies
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration. The RFA covers a wide-range of small entities,
including small businesses, not-for-profit organizations and small
governmental jurisdictions.
Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
This final rule is a routine matter that only affects air traffic
procedures and air navigation and has no costs.
The FAA received no comments on the Initial Regulatory
Determination, accepts the determination of no significant economic
impact. Therefore, as provided in section 605(b), the head of the FAA
certifies that this rulemaking will not result in a significant
economic impact on a substantial number of small entities.
International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards.
The FAA received no comments on the proposed determination of no
impact. Therefore, the FAA has determined that this final rule will
have no impact on international trade because it reduces Class B
airspace in the Philadelphia area.
Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (Public Law
104-4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $151.0 million in lieu of $100
million. This final rule does not contain such a mandate; therefore,
the requirements of Title II of the Act do not apply.
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 action is not expected to cause any
potentially significant environmental impacts, and no extraordinary
circumstances exist that warrant preparation of an environmental
assessment.
List 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 14 CFR 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 FAA Order 7400.9X,
Airspace Designations and Reporting Points, signed August 7, 2013, and
effective September 15, 2013, is amended as follows:
Paragraph 3000 Subpart B--Class B Airspace.
* * * * *
AEA PA B Philadelphia, PA [Amended]
Philadelphia International Airport, PA (Primary Airport)
(Lat. 39[deg]52'20'' N., long. 75[deg]14'27'' W.)
Northeast Philadelphia Airport, PA
[[Page 30021]]
(Lat. 40[deg]04'55'' N., long. 75[deg]00'38'' W.)
Cross Keys Airport, NJ
(Lat. 39[deg]42'20'' N., long. 75[deg]01'59'' W.)
Boundaries.
By removing the current description of Area G and adding in its
place:
Area G. That airspace extending upward from 3,500 feet MSL to
and including 7,000 feet MSL within a 20-mile radius of PHL,
excluding that airspace south of a line beginning at the
intersection of the PHL 20-mile radius and the 158[deg] bearing from
PHL, thence direct to the intersection of the PHL 17.9-mile radius
and the 138[deg] bearing from PHL, and that airspace bounded by a
line beginning at the intersection of the PHL 17.9-mile radius and
the 138[deg] bearing from PHL, thence direct to the intersection of
the PHL 15-mile radius and the 141[deg] bearing from PHL, thence
direct to the intersection of the Cross Keys Airport (17N) 1.5-mile
radius and the 212[deg] bearing from 17N, thence clockwise via the
1.5-mile radius of 17N to the 257[deg] bearing from 17N, thence
direct to the intersection of the 17N 1.5-mile radius and the
341[deg] bearing from 17N, thence clockwise via the 1.5-mile radius
of 17N to the 011[deg] bearing from 17N, thence direct to the
intersection of the PHL 15-mile radius and the 127[deg] bearing from
PHL, thence direct to the intersection of the PHL 20-mile radius and
the 118[deg] bearing from PHL, and Areas A, B, C, D, E and F.
Issued in Washington, DC, on May 19, 2014.
Gary A. Norek,
Manager, Airspace Policy and Regulations Group.
[FR Doc. 2014-11995 Filed 5-23-14; 8:45 am]
BILLING CODE 4910-13-P