[Federal Register Volume 88, Number 46 (Thursday, March 9, 2023)]
[Proposed Rules]
[Pages 14514-14515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04602]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0090; Airspace Docket No. 23-AEA-03]
RIN 2120-AA66


Amendment of Class D and Class E Airspace, and Proposed 
Establishment of Class E Airspace, Poughkeepsie, NY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class D airspace and Class E 
surface airspace and establish Class E airspace designated as an 
extension to a Class D surface area for Hudson Valley Regional Airport, 
Poughkeepsie, NY, as an airspace evaluation determined an update is 
necessary.

DATES: Comments must be received on or before April 24, 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-
2023-0090; Airspace Docket No. 23-AEA-03 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 amend Class D airspace and Class E surface airspace and 
establish Class E airspace designated as an extension to a Class D 
surface area for Hudson Valley Regional Airport, Poughkeepsie, NY, 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-
2023-0090; Airspace Docket No. 23-AEA-03) 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

[[Page 14515]]

postcard on which the following statement is made: ``Comments to FAA 
Docket No. FAA-2023-0090; Airspace Docket No. 23-AEA-03.'' The postcard 
will be dated/time-stamped and returned to the commenter.
    All communications received on or before the specified closing date 
will be considered before taking action on the proposed rule. The 
proposal contained in this document may be changed 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 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 ADDRESSES section for address and phone number) between 
9:00 a.m. and 5:00 p.m., Monday through Friday, except for 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 D airspace designations are published in Paragraph 5000 and 
Class E airspace designations in Paragraphs 6002 and 6004 of FAA Order 
JO 7400.11. This document proposes to amend FAA Order JO 7400.11G, 
dated August 19, 2022, and effective September 15, 2022, which is 
incorporated by reference in 14 CFR 71.1. 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. These updates would 
be published subsequently in the next update to FAA Order JO 7400.11.

The Proposal

    The FAA proposes an amendment to 14 CFR part 71 to amend Class D 
airspace and Class E surface airspace by increasing the radius to 4.4 
miles (previously 4.0 miles). Also, this action would establish Class E 
airspace designated as an extension to a Class D surface area of 6.5 
miles to the northeast and the southwest of Hudson Valley Regional 
Airport. An airspace evaluation determined this update 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 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 5000 Class D Airspace.

* * * * *

AEA NY D Poughkeepsie, NY [Amended]

Hudson Valley Regional Airport, NY
    (Lat. 41[deg]37'36'' N, long. 73[deg]53'03'' W)

    That airspace extending upward from the surface to and including 
2,700 feet MSL within a 4.4-mile radius of Hudson Valley Regional 
Airport. This Class D 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 6002 Class E Surface Airspace.

* * * * *

AEA NY E2 Poughkeepsie, NY [Amended]

Hudson Valley Regional Airport, NY
    (Lat. 41[deg]37'36'' N, long. 73[deg]53'03'' W)

    That airspace extending upward from the surface within a 4.4-
mile radius of Hudson Valley Regional Airport. This Class E airspace 
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 Is Designated as an Extension to 
Class D or Class E Surface Area.

* * * * *

AEA NY E4 Poughkeepsie, NY [Established]

Hudson Valley Regional Airport, NY
    (Lat. 41[deg]37'36'' N, long. 73[deg]53'03'' W)

    That airspace extending upward from the surface within 1.8-miles 
each side of the 051[deg] bearing of Hudson Valley Regional Airport, 
extending from the 4.4-mile radius to 6.5 miles northeast of the 
airport, and within 1.0-miles each side of the 231[deg] bearing of 
the airport, extending from the 4.4-mile radius to 6.5-miles 
southwest of the airport.

    Issued in College Park, Georgia, on March 1, 2023.
Lisa E. Burrows,
Manager, Airspace & Procedures Team North, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2023-04602 Filed 3-8-23; 8:45 am]
BILLING CODE 4910-13-P