[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Rules and Regulations]
[Pages 39164-39165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12809]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0854; Airspace Docket No. 23-AEA-08]
RIN 2120-AA66


Revocation of Class E Airspace; A.P. Hill, VA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action removes Class E airspace extending upward from 700 
feet above the surface for A.P. Hill AAF (Fort A.P. Hill), VA, as 
instrument approach procedures for this airport no longer exist.

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: A copy of the Notice of Proposed Rulemaking (NPRM), all 
comments received, this final rule, and all background material may be 
viewed online at www.regulations.gov using the FAA Docket number. 
Electronic retrieval help and guidelines are available on the website. 
It is available 24 hours a day, 365 days a year. 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: 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 removes Class E airspace in A.P. Hill, VA, as all instrument 
approaches have been canceled for A.P. Hill AAF.

History

    The FAA published a notice of proposed rulemaking for Docket No. 
FAA 2023-0854 in the Federal Register (88 FR 21127; April 10, 2023), 
proposing to remove Class E airspace extending upward from 700 feet 
above the surface for A.P. Hill AAF, A.P. Hill, VA. 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, which 
is incorporated by reference in 14 CFR 71.1 annually. This document 
amends the current version of that order, FAA Order JO 7400.11G, 
Airspace Designations and Reporting Points, dated August 19, 2022, and 
effective September 15, 2022. 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 FAA Order JO 7400.11 update.
    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas, 
air traffic service routes, and reporting points.

The Rule

    This action amends 14 CFR part 71 by removing Class E airspace 
extending upward from 700 feet above the surface for A.P. Hill AAF, 
A.P. Hill, VA, as instrument approaches no longer exist for this 
airport.

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

[[Page 39165]]

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.

* * * * *

AEA VA E5 Fort A.P. Hill, VA [Removed]

* * * * *

    Issued in College Park, Georgia, on June 9, 2023.
Lisa Burrows,
Manager, Airspace & Procedures Team North, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2023-12809 Filed 6-14-23; 8:45 am]
BILLING CODE 4910-13-P