[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Rules and Regulations]
[Pages 46497-46498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18398]



[[Page 46497]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0038; Airspace Docket No. 13-AEA-2]


Amendment of Class D and E Airspace, and Establishment of Class E 
Airspace; Oceana NAS, VA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class D and Class E airspace operating 
hours, and establishes Class E surface airspace at Oceana Naval Air 
Station, (NAS), VA, due to the Air Traffic Control Tower at Oceana NAS 
(Apollo Soucek Field) now operating on a part time basis. This action 
enhances the safety and airspace management of Instrument Flight Rules 
(IFR) operations at the airport. This action also updates the 
geographic coordinates of Oceana NAS (Apollo Soucek Field) and NALF 
Fentress.

DATES: Effective 0901 UTC, October 17, 2013. 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 April 9, 2013, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to amend Class D and Class E 
airspace, and establish Class E airspace at Oceana Naval Air Station, 
(NAS), VA, (78 FR 21084). Interested parties were invited to 
participate in this rulemaking effort by submitting written comments on 
the proposal to the FAA. No comments were received. Subsequent to 
publication the FAA found that the geographic coordinates of the NALF 
Fentress were transposed. This action makes the correction.
    Class E airspace designations are published in paragraphs 5000, 
6002, and 6004, respectively of FAA Order 7400.9W dated August 8, 2012, 
and effective September 15, 2012, which is incorporated by reference in 
14 CFR Part 71.1. The Class D and Class 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 amends the hours of operation for Class D airspace and Class E 
airspace designated as an extension to Class D surface airspace at 
Oceana NAS (Apollo Soucek Field), VA, as the air traffic control tower 
is transitioning from a full time facility to part time, and requires a 
Notice to Airmen notification. This action also establishes Class E 
airspace extending upward from the surface at Oceana NAS (Apollo Soucek 
Field), VA. The geographic coordinates of Oceana NAS (Apollo Soucek 
Field) and NALF Fentress are adjusted to coincide with the FAAs 
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, is 
non-controversial and unlikely to result in adverse or negative 
comments. 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 only affects air traffic procedures and air navigation, it is 
certified that this rule, when promulgated, does 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 amends and establishes controlled airspace at Oceana NAS (Apollo 
Soucek Field), Oceana, VA.

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 7400.9W, Airspace Designations and Reporting 
Points, dated August 8, 2012, effective September 15, 2012, is amended 
as follows:

Paragraph 5000 Class D Airspace

* * * * *

AEA VA D Oceana NAS, VA [Amended]

Oceana NAS (Apollo Soucek Field), VA
    (Lat. 36[deg]49'22'' N., long. 76[deg]01'55'' W.)

    That airspace extending upward from the surface to and including 
2,500 feet MSL within a 4.3-mile radius of Oceana NAS (Apollo Soucek 
Field). 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 VA E2 Oceana NAS, VA [New]

Oceana NAS (Apollo Soucek Field), VA
    (Lat. 36[deg]49'22'' N., long. 76[deg]01'55'' W.)
Navy Oceana TACAN
    (Lat. 36[deg]49'27'' N., long. 76[deg]02'13'' W)
NALF Fentress, VA
    (Lat. 36[deg]41'31'' N., long. 76[deg]08'04'' W.)

    That airspace extending upward from the surface within a 4.3-
mile radius of Oceana NAS (Apollo Soucek Field), and within 1.8 
miles each side of the Navy Oceana TACAN 213[deg] radial extending 
from the 4.3-mile

[[Page 46498]]

radius of Oceana NAS (Apollo Soucek Field) to 9.3 miles southwest of 
the TACAN and within a 2.7-mile radius of NALF Fentress. 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 Designated as an Extension to a 
Class D Surface Area.

* * * * *

AEA VA E4 Oceana NAS, VA [Amended]

Oceana NAS (Apollo Soucek Field)
    (Lat. 36[deg]49'22'' N., long. 76[deg]01'55'' W.)
Navy Oceana TACAN
    (Lat. 36[deg]49'27'' N., long. 76[deg]02'13'' W.)
NALF Fentress, VA
    (Lat. 36[deg]41'31'' N., long. 76[deg]08'04'' W.)

    That airspace extending upward from the surface within 1.8 miles 
each side of the Navy Oceana TACAN 213[deg] radial extending from 
the 4.3-mile radius of Oceana NAS (Apollo Soucek Field) to 9.3 miles 
southwest of the TACAN and within a 2.7-mile radius of NALF 
Fentress. 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 July 24, 2013.
Jackson D. Allen,
Acting Manager, Operations Support Group, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2013-18398 Filed 7-31-13; 8:45 am]
BILLING CODE 4910-13-P