[Federal Register Volume 88, Number 119 (Thursday, June 22, 2023)]
[Rules and Regulations]
[Pages 40695-40696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13150]


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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: Final rule.

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SUMMARY: This action amends 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 extends the Class E airspace from 700 feet 
above the surface surrounding Spruce Creek Airport. The FAA also 
updates 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: Effective date 0901 UTC, October 5, 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: 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.

History

    The FAA published a notice of proposed rulemaking for Docket No. 
FAA 2023-0505 in the Federal Register (88 FR 22387; April 13, 2023), 
amending 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. 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 D and E airspace designations are published in paragraphs 
5000, 6002, and 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, 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 Class E airspace extending upward from 700 feet 
above the surface of Spruce Creek Airport by increasing the radius to 
6.8 miles (previously 6.4 miles). This action also amends 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 replaces 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 in the legal descriptions.

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 so 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 5-6.5.a. This airspace action is not expected 
to cause any potentially significant environmental impacts, and no 
extraordinary circumstances exist that warrant preparation of an 
environmental assessment.

[[Page 40696]]

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 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, a 6.8-mile radius of Spruce Creek Airport, 
and a 7.3-mile radius of Ormond Beach Municipal Airport.
* * * * *

    Issued in College Park, GA, on June 12, 2023.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2023-13150 Filed 6-21-23; 8:45 am]
BILLING CODE 4910-13-P