[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Proposed Rules]
[Pages 13740-13742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04425]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0138; Airspace Docket No. 22-ASO-20]
RIN 2120-AA66


Establishment of Class E Airspace; Calvert, KY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E airspace extending 
upward from 700 feet above the surface

[[Page 13741]]

for Kentucky Dam State Park Airport, Calvert City, KY, to accommodate 
area navigation (RNAV) global positioning system (GPS) standard 
instrument approach procedures (SIAPs) serving this airport.

DATES: Comments must be received on or before April 20, 2023.

ADDRESSES: Send comments on this proposal to: the U.S. Department of 
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West 
Building Ground Floor, Room W12-140, Washington, DC 20590; Telephone: 
(800) 647-5527, or (202) 366-9826. You must identify Docket No. FAA-
2023-0138; Airspace Docket No. 22-ASO-20 at the beginning of your 
comments. You may also submit comments through the internet at 
www.regulations.gov.
    FAA Order JO 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 Rules 
and Regulations Group, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; Telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support 
Group, Eastern Service Center, Federal Aviation Administration, 1701 
Columbia Avenue, College Park, GA 30337; Telephone: (404) 305-6364.

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking

    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 would establish airspace in Culvert, KY, to support IFR 
operations in the area.

Comments Invited

    Interested parties are invited to participate on this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments that provide a 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 (Docket No. FAA-
2023-0138; Airspace Docket No. 22-ASO-20) and be submitted in 
triplicate to the Docket Management Facility (see ADDRESSES section for 
the address and phone number). You may also submit comments through the 
internet at www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments 
on this action must submit with those comments a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to FAA Docket No. FAA-2023-0138; Airspace Docket No. 22-ASO-20.'' The 
postcard will be dated/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 document may be change in light of the 
comments received. All comments submitted will be available for 
examination in the public docket both before and after the comment 
closing date. 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 through the 
internet at www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's web page at 
www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any 
comments received, and any final disposition in person in the Dockets 
Office (see the ADDRESSES section for address and phone number) between 
9:00 a.m. and 5:00 p.m., Monday through Friday, except on federal 
holidays. An informal docket may also be examined between 8:00 a.m. and 
4:30 p.m., Monday through Friday, except for federal holidays at the 
office of the Eastern Service Center, Federal Aviation Administration, 
Room 350, 1701 Columbia Avenue, College Park, GA 30337.

Incorporation by Reference

    Class E airspace designations are published in Paragraph 6005 of 
FAA Order JO 7400.11, Airspace Designations and Reporting Points, which 
is incorporated by reference in 14 CFR 71.1 on an annual basis. This 
document proposes to amend FAA Order JO 7400.11G, Airspace Designations 
and Reporting Points, dated August 19, 2022, and effective September 
15, 2022. These updates would subsequently be published in the next 
update to FAA Order JO 7400.11. FAA Order JO 7400.11G is publicly 
available as listed in the ADDRESSES section of this document.
    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas, 
air traffic service routes, and reporting points.

The Proposal

    The FAA proposes an amendment to 14 CFR part 71 to establish Class 
E airspace extending upward from 700 feet above the surface for 
Kentucky Dam State Park Airport, Calvert City, KY, to accommodate RNAV 
GPS standard instrument approach procedures (SIAPs) serving this 
airport. Controlled airspace is necessary for the safety and management 
of instrument flight rules (IFR) operations in the area.

Regulatory Notices and Analyses

    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, will not have a 
significant economic impact on a substantial number of small entities 
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies 
and Procedures,'' prior to any FAA final regulatory action.

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

[[Page 13742]]

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

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 Federal Aviation 
Administration Order JO 7400.11G, Airspace Designations and Reporting 
Points, dated August 19, 2022, and effective September 15, 2022, is 
amended as follows:

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

* * * * *

ASO KY E5 Culvert, KY [Established]

Kentucky Dam State Park Airport, KY
    (Lat 37[deg]00'35'' N, long. 88[deg]17'58'' W)

    That airspace extending upward from 700 feet above the surface 
within a 6.5-mile radius of the Kentucky Dam State Park Airport and 
within 4 miles on each side of the 098[deg] bearing from the airport 
extending from the 6.5-mile radius to 9.2 miles east of the airport.

    Issued in College Park, Georgia, on February 16, 2023
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2023-04425 Filed 3-3-23; 8:45 am]
BILLING CODE 4910-13-P