[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Proposed Rules]
[Pages 48396-48398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15783]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1587; Airspace Docket No. 23-ASO-29]
RIN 2120-AA66


Amendment of Class D and Class E Airspace, and Removal of Class E 
Airspace; Jupiter, FL

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 
airspace extending upward from 700 feet above the surface for William 
P. Gwinn Airport, Jupiter, FL. This action would increase the radius of 
the Class D airspace, as well as amend verbiage in the Class D 
description. This action would also update the geographic coordinates 
for the Class E airspace extending upward from 700 feet above the 
surface, and revoke Class E airspace designated as an extension to a 
Class D surface area.

DATES: Comments must be received on or before September 11, 2023.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-1587 and 
Airspace Docket No. 23-ASO-29 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 at any time. 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: 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 and Class E airspace, and remove Class E 
airspace in Jupiter, FL. An airspace evaluation determined that this 
update is necessary to support 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,

[[Page 48397]]

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 one time 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, as well 
as 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 to do so 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 edits, 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 also 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 210, 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, Airspace 
Designations and Reporting Points, 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, Airspace 
Designations and Reporting Points, dated August 19, 2022, and effective 
September 15, 2022. These updates would be published subsequently 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.
    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 an amendment to 14 CFR part 71 to amend Class D 
airspace, and Class E airspace extending upward from 700 feet above the 
surface for William P. Gwinn Airport, Jupiter, FL, by increasing the 
Class D radius to 4.5 miles (previously 4.1 miles) and updating the 
geographic coordinates of the Class E airspace extending upward from 
700 feet above the surface to coincide with the FAA's database and 
remove the city name from the second line of the Class E airspace 
description. This action would also replace the terms Notice to Airmen 
with Notice to Air Missions, and Airport/Facility Directory with Chart 
Supplement in the Class D description. Finally, this action would 
remove the Class E airspace designated as an extension to a Class D 
surface area, due to all approaches utilizing the United NDB and 
Pahokee VORTAC have been canceled, and the extensions are no longer 
required. 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 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 
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 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 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 Jupiter, FL [Amended]

William P. Gwinn Airport, FL
    (Lat 26[deg]54'29'' N, long 80[deg]19'42'' W)

    That airspace extending upward from the surface to and including 
2,500 feet MSL within a 4.5-mile radius of William P. Gwinn 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 6004 Class E Airspace Designated as an Extension to Class 
D or E Surface Area.

* * * * *

ASO FL E4 Jupiter, FL [Removed]

* * * * *

Paragraph 6005 Class E Airspace Areas Extending Upward From 700 
Feet or More Above the Surface of the Earth.

* * * * *

ASO FL E5 Jupiter, FL [Amended]

William P. Gwinn Airport, FL
    (Lat 26[deg]54'29'' N, long 80[deg]19'42'' W)


[[Page 48398]]


    That airspace extending upward from 700 feet above the surface 
within a 7.5-mile radius of William P. Gwinn Airport.
* * * * *

    Issued in College Park, Georgia, on July 19, 2023.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2023-15783 Filed 7-26-23; 8:45 am]
BILLING CODE 4910-13-P