[Federal Register Volume 88, Number 89 (Tuesday, May 9, 2023)]
[Rules and Regulations]
[Pages 29819-29820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09800]



[[Page 29819]]

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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: Final rule.

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SUMMARY: This action establishes Class E airspace extending upward from 
700 feet above the surface 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: Effective 0901 UTC, August 10, 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 JO 7400.11 and 
publication of conforming amendments.

ADDRESSES: 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 establishes airspace in Culvert, KY, to support IFR operations in 
the area.

History

    The FAA published a notice of proposed rulemaking for Docket No. 
FAA-2023-0138 in the Federal Register (88 FR 13740, March 6, 2023), to 
establish Class E airspace extending upward from 700 feet above the 
surface at Kentucky Dam State Park Airport, Calvert City, KY, to 
accommodate RNAV GPS standard instrument approach procedures (SIAPs) 
serving this airport.
    Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal to the FAA. No 
comments were received.

Incorporation by Reference

    Class E airspace designations are published in Paragraph 6005 of 
FAA Order JO 7400.11, Airspace Designations and Reporting Points, 
incorporated by reference in 14 CFR 71.1 annually. This document amends 
the current version of that order, FAA Order JO 7400.11G, dated August 
19, 2022, and effective September 15, 2022. These updates will 
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. These amendments will be published in the 
next update to FAA Order JO 7400.11.
    FAA Order JO 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 establishing Class E airspace 
extending upward from 700 feet above the surface within a 6.5-mile 
radius of Kentucky Dam State Park Airport, Calvert City, KY, and 
creating an extension to the east 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 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 
Department of Transportation (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,'' paragraph 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.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

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 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 Calvert, 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 
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.


[[Page 29820]]


    Issued in College Park, Georgia, on May 3, 2023.
Lisa E. Burrows,
Manager, Airspace & Procedures Team North, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2023-09800 Filed 5-8-23; 8:45 am]
BILLING CODE 4910-13-P