[Federal Register Volume 88, Number 71 (Thursday, April 13, 2023)]
[Proposed Rules]
[Pages 22387-22388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07637]



[[Page 22387]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0505; Airspace Docket No. 23-ASO-06]
RIN 2120-AA66


Amendment of Class D and Class E Airspace; Ormond Beach, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the Class D airspace, Class E 
airspace designated as an extension to a Class D surface area in Ormond 
Beach, FL, and Class E airspace extending upward from 700 feet above 
the surface in Daytona Beach, FL, as the result of a biennial airspace 
evaluation. This action would extend the Class E airspace extending 
upward from 700 feet above the surface surrounding Spruce Creek 
Airport. The FAA also proposes to update terminology in the Class D and 
Class E airspace designated as an extension to Class D for Ormond 
Beach, FL, in the legal descriptions, as well as the geographical 
coordinates for Daytona Beach International Airport in the legal 
description for the Class E airspace extending upward from 700 feet 
above the surface in Daytona Beach, FL.

DATES: Comments must be received on or before May 30, 2023.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-0505 and 
Airspace Docket No. 23-ASO-06 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow 
the online instructions for sending your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department 
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West 
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in 
Room W12-140 of the West Building Ground Floor at 1200 New Jersey 
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except for Federal holidays.
    * Fax: Fax comments to Docket Operations at (202) 493-2251.
    Docket: Background documents or comments received may be read at 
www.regulations.gov anytime. Follow the online instructions for 
accessing the docket or go to the Docket Operations in Room W12-140 of 
the West Building Ground Floor at 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except for Federal holidays.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points, 
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and 
Regulations Group, Office of Policy, Federal Aviation Administration, 
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

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

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 
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 controlled airspace is necessary for the safety and 
management of instrument flight rules (IFR) operations in the area.

Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal. The most 
helpful comments reference a specific portion of the proposal, explain 
the reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should submit only once if comments are filed electronically, or 
commenters should send only one copy of written comments if comments 
are filed in writing.
    The FAA will file in the docket all comments it receives and a 
report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. Before acting on this proposal, 
the FAA will consider all comments it receives on or before the closing 
date for comments. The FAA will consider comments filed after the 
comment period has closed if it is possible without incurring expense 
or delay. The FAA may change this proposal in light of the comments it 
receives.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without editing, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

Availability of Rulemaking Documents

    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 
Operations office (see ADDRESSES section for address, phone number, and 
hours of operations). An informal docket may also be examined during 
normal business hours at the office of the Eastern Service Center, 
Federal Aviation Administration, Room 350, 1701 Columbia Ave., College 
Park, GA 30337.

Incorporation by Reference

    Class D and Class E airspace designations are published in 
paragraphs 5000, 6004, and 6005 of FAA Order JO 7400.11, which is 
incorporated by reference in 14 CFR 71.1 on an annual basis. This 
document proposes to amend the current version of that order, FAA Order 
JO 7400.11G, dated August 19, 2022, and effective September 15, 2022. 
These updates will be published in the next update to FAA Order JO 
7400.11. That order 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 to amend Class E airspace extending upward from 
700 feet above the surface of Spruce Creek Airport by increasing the 
radius to 6.8

[[Page 22388]]

miles (previously 6.4 miles). The FAA also proposes to amend Class E 
airspace extending upward from 700 feet above the surface of Daytona 
Beach International Airport by updating the geographical coordinates to 
coincide with the FAA's database. In addition, this action would 
replace the outdated terms Airport/Facility Directory with the term 
Chart Supplement and Notice to Airmen with the term Notice to Air 
Missions in the Ormond Beach Class D airspace and Class E airspace 
designated as an extension to Class D descriptions.

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 per FAA 
Order 1050.1F, ``Environmental Impacts: Policies and Procedures,'' 
before any FAA final regulatory action.

List 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 14 CFR 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 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.

* * * * *

ASO FL D Ormond Beach, FL

Ormond Beach Municipal Airport, FL
    (Lat 29[deg]18'04'' N, long 81[deg]06'50'' W)

    That airspace extending upward from the surface, to but not 
including 1,200 feet MSL within a 3.2-mile radius of Ormond Beach 
Municipal Airport, excluding that airspace within the Daytona Beach, 
FL, Class C airspace area. This Class D airspace area is effective 
during the specific days and times established in advance by a 
Notice to Air Missions. The effective days and times will be 
continuously published in the Chart Supplement.

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

* * * * *

ASO FL E4 Ormond Beach, FL

Ormond Beach Municipal Airport, FL
    (Lat 29[deg]18'04'' N, long. 81[deg]06'50'' W)
Ormond Beach VORTAC
    (Lat 29[deg]18'12'' N, long 81[deg]06'46'' W)

    That airspace extending upward from the surface within 2.4 miles 
on each side of the Ormond Beach VORTAC 342[deg] radial, extending 
from the 3.2-mile radius to 6.9 miles northwest of the VORTAC. This 
Class E4 airspace area is effective during the specific days and 
times established in advance by a Notice to Air Missions. The 
effective days and times 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 FL E5 Daytona Beach, FL

Daytona Beach International Airport, FL
    (Lat 29[deg]10'48'' N, long 81[deg]03'29'' W)
Spruce Creek Airport
    (Lat 29[deg]04'49'' N, long 81[deg]02'48'' W)
Ormond Beach Municipal Airport
    (Lat 29[deg]18'04'' N, long 81[deg]06'50'' W)

    That airspace extends upward from 700 feet or more above the 
earth's surface within a 10-mile radius of Daytona Beach 
International Airport, within a 6.8-mile radius of Spruce Creek 
Airport, and within a 7.3-mile radius of Ormond Beach Municipal 
Airport.

    Issued in College Park, GA, on April 3, 2023.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2023-07637 Filed 4-12-23; 8:45 am]
BILLING CODE 4910-13-P