[Federal Register Volume 88, Number 11 (Wednesday, January 18, 2023)]
[Rules and Regulations]
[Pages 2820-2821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00814]



[[Page 2820]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1333; Airspace Docket No. 22-ASO-24]
RIN 2120-AA66


Amendment of Class D and Class E Airspace; Athens/Ben Epps 
Airport, Athens, GA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class D airspace, Class E surface airspace, 
Class E airspace designated as an extension to a Class D surface area, 
and Class E airspace extending upward from 700 feet above the surface 
at Athens/Ben Epps Airport, Athens, GA as a result of the biennial 
airspace evaluation. This action eliminates the excess airspace 
remaining after the decommissioning of the Bulldog Non-Directional 
Beacon (NDB) and subsequent cancellation of the NDB Runway 27 approach 
to Athens/Ben Epps Airport effective October 15, 2015, and updates the 
geographic coordinates for the airport and the Point of Origin. 
Controlled airspace is necessary for the safety and management of 
instrument flight rules (IFR) operations in the area.

DATES: Effective 0901 UTC, April 20, 2023. 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 7400.11 and 
publication of conforming amendments.

ADDRESSES: FAA Order 7400.11G, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, contact the 
Airspace Policy Group, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; Telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Jennifer Ledford, Operations Support 
Group, Eastern Service Center, Federal Aviation Administration, 1701 
Columbia Ave., College Park, GA 30337; Telephone (404) 305-5946.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue a rule 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 airspace for Athens/Ben Epps Airport, Athens, GA, to 
support IFR operations in the area.

History

    The FAA published a notice of proposed rulemaking in the Federal 
Register (87 FR 67584, November 9, 2022) for Docket No. FAA-2022-1333 
to amend Class D airspace, Class E surface airspace, Class E airspace 
designated as an extension to a Class D surface area, and Class E 
airspace extending upward from 700 feet above the surface at Athens/Ben 
Epps Airport, Athens, GA, as a result of the biennial airspace 
evaluation.
    Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal to the FAA. No 
comments were received.
    Class D and E airspace designations are published in Paragraphs 
5000, 6002, 6004, and 6005, respectively, of FAA Order 7400.11G, dated 
August 19, 2022, and effective September 15, 2022, 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 
FAA Order JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points, 
is published yearly and effective on September 15.

Differences From the NPRM

    Subsequent to the publication of the Notice of Proposed Rulemaking, 
the FAA found the distances on each side of the Athens Point of Origin 
195[deg] bearing and the Athens Point of Origin 076[deg] bearing were 
incorrect. The dimensions were correct in the Proposal section of the 
Preamble but were mistakenly transposed in the airspace description. 
This action corrects the error. Controlled airspace is necessary for 
the safety and management of instrument flight rules (IFR) operations 
in the area.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11G, Airspace Designations and 
Reporting Points, dated August 19, 2022, and effective September 15, 
2022. FAA Order 7400.11G is publicly available as listed in the 
ADDRESSES section of this document. FAA Order 7400.11G lists Class A, 
B, C, D, and E airspace areas, air traffic routes, and reporting 
points.

The Rule

    The FAA is amending 14 CFR part 71 by extending the Class D 
airspace for Athens/Ben Epps Airport from a 4-mile radius to a 4.6-mile 
radius surrounding the airport and by updating the airport's geographic 
coordinates to coincide with the FAA's database. Also, Class E surface 
airspace, extension to Class D airspace, and transition airspace are 
being amended for the above airport. Class E surface airspace for 
Athens/Ben Epps Airport is being extended from a 4-mile radius to a 
4.6-mile radius surrounding the airport. The Class E airspace used for 
an extension to Class D is being reduced from 3 miles to 1.4 miles on 
each side of the Athens Point of Origin 195[deg] bearing extending from 
the 4.6-mile radius of the Athens/Ben Epps Airport to 7.6 miles south 
of the Point of Origin and is being reduced from 3 miles to 2.4 miles 
each side of the Athens Point of Origin 076[deg] bearing extending from 
the 4.6-mile radius of the airport to 7 miles east of the Point of 
Origin. The Class E5 transition airspace extending upward from 700 feet 
above the surface is being amended to within a 7.7-mile radius of 
Athens/Ben Epps Airport (reduced from an 11.5-mile radius). This 
eliminates the excess airspace that remained after the decommissioning 
of the Bulldog (BJT) non-directional beacon (NDB) and subsequent 
cancellation of the NDB Rwy 27 approach, effective October 15, 2015 (80 
FR 61978). In addition, this action replaces the outdated terms 
Airport/Facility Directory with Chart Supplement and Notice to Airmen 
with the term Notice to Air Missions in the airspace descriptions. This 
action also replaces the VORTAC used for airspace definition with a 
point-of-origin.
    Subsequent to the publication of the Notice of Proposed Rulemaking, 
the FAA found the distances on each side of the Athens Point of Origin 
195[deg] bearing and the Athens Point of Origin 076[deg] bearing were 
incorrect. The dimensions were correct in the Proposal section of the 
Preamble but were mistakenly transposed in the airspace

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description. This action corrects the error. Controlled airspace is 
necessary for the safety and management of instrument flight rules 
(IFR) operations in the area.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15.

Regulatory Notices and Analyses

    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. 
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 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.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1F, ``Environmental Impacts: Policies and 
Procedures,'' paragraphs 5-6.5a. This airspace action is not expected 
to cause any potentially significant environmental impacts, and no 
extraordinary circumstances warrant the 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 part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 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 7400.11G, 
Airspace Designations and Reporting Points, dated August 19, 2022, and 
effective September 15, 2022, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASO GA D Athens, GA [Amended]

Athens/Ben Epps Airport, Athens, GA
    (Lat. 33[deg]56'55'' N, long. 83[deg]19'33'' W)

    That airspace extending upward from the surface to and including 
3,300 feet MSL within a 4.6-mile radius of the Athens/Ben Epps 
Airport. This Class D airspace area is effective during the 
specified dates and times established in advance by a Notice to Air 
Missions. The effective date and time will be continuously published 
in the Chart Supplement.

Paragraph 6002 Class E Surface Airspace.

* * * * *

ASO GA E2 Athens, GA [Amended]

Athens/Ben Epps Airport, Athens, GA
    (Lat. 33[deg]56'55'' N, long. 83[deg]19'33'' W)

    That airspace extending upward from the surface within a 4.6-
mile radius of the Athens/Ben Epps Airport. This Class E airspace 
area is effective during the specific dates and times established in 
advance by a Notice to Air Missions. The effective date and time 
will thereafter be continuously published in the Chart Supplement.

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

* * * * *

ASO GA E4 Athens, GA [Amended]

Athens/Ben Epps Airport, Athens, GA
    (Lat. 33[deg]56'55'' N, long. 83[deg]19'33'' W)
Athens Point of Origin
    (Lat. 33[deg]56'51'' N, long 83[deg]19'29'' W)

    That airspace extending upward from the surface within 1.4 miles 
on each side of the Athens Point of Origin 195[deg] bearing 
extending from the 4.6-mile radius of the Athens/Ben Epps Airport to 
7.6 miles south of the Point of Origin and within 2.4 miles each 
side of the Athens Point of Origin 076[deg] bearing extending from 
the 4.6-mile radius of the airport to 7 miles east of the Point of 
Origin. This Class E airspace area is effective during the specific 
dates and times established in advance by a Notice to Air Missions. 
The effective date and time will thereafter be continuously 
published in the Chart Supplement.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700 
Feet or More Above the Surface of the Earth.

* * * * *

ASO GA E5 Athens, GA [Amended]

Athens/Ben Epps Airport, GA
    (Lat. 33[deg]56'55'' N, long. 83[deg]19'33'' W)

    That airspace extending upward from 700 feet above the surface 
within a 7.7-mile radius of Athens/Ben Epps Airport.

    Issued in College Park, Georgia, on January 11, 2023.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2023-00814 Filed 1-17-23; 8:45 am]
BILLING CODE 4910-13-P