[Federal Register Volume 88, Number 236 (Monday, December 11, 2023)]
[Proposed Rules]
[Pages 85860-85861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27083]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2023-2275; Airspace Docket No. 23-AEA-22]
RIN 2120-AA66
Amendment of Class D and Class E Airspace; Lewisburg, WV
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, Class E
airspace designated as an extension to a Class D surface, and Class E
airspace extending upward from 700 feet above the surface area for
Greenbrier Valley Airport, Lewisburg, WV. This action would amend
verbiage in the descriptions, as well as adding additional extensions
to the northeast and southwest of the airport.
DATES: Comments must be received on or before January 25, 2024.
ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-2275 and
Airspace Docket No. 23-AEA-223261 using any of the following methods:
* Federal eRulemaking Portal: Go to www.regulations.gov and follow
the online instructions to send 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 7400.11H 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 in Lewisburg, WV. 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 proposal's overall regulatory,
aeronautical, economic, environmental, and energy-related aspects. 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 all comments it receives in the docket 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), the DOT solicits
comments from the public to inform its rulemaking process better. DOT
posts these comments, without edit, 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
[[Page 85861]]
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 annually. This document proposes to amend the current
version of that order, FAA Order JO 7400.11H, Airspace Designations and
Reporting Points, dated August 11, 2023, and effective September 15,
2023. These updates would be published subsequently in the next update
to FAA Order JO 7400.11. FAA Order JO 7400.11H is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11H
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 designated as an extension to a Class D
surface area by:
Removing the city name from the airport header.
Replacing Notice to Airmen with Notice to Air Missions and
Airport/Facility Directory with Chart Supplement.
Removing the BUSHI NDB from the description, as it is
unnecessary in describing the airspace.
Add a northeast extension and amend the southwest
extension.
The FAA proposes an amendment to 14 CFR part 71 to amend Class E
airspace extending upward from 700 feet above the surface area by
removing the BUSHI NDB from the description, as it is unnecessary in
describing the airspace.
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 per FAA
Order 1050.1F, ``Environmental Impacts: Policies and Procedures,''
before 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 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
7400.11H, Airspace Designations and Reporting Points, dated August 11,
2023, and effective September 15, 2023, is amended as follows:
Paragraph 5000 Class D Airspace.
* * * * *
AEA WV D Lewisburg, WV [Amended]
Greenbrier Valley Airport, WV
(Lat. 37[deg]51'33'' N, long. 80[deg]23'58'' W)
That airspace extending upward from the surface to and including
4,000 feet MSL within a 4-mile radius of Greenbrier Valley 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 published continuously in
the Chart Supplement.
* * * * *
Paragraph 6004 Class E Airspace Designated as an Extension to Class
D or E Surface Area.
* * * * *
AEA WV E4 Lewisburg, WV [Amended]
Greenbrier Valley Airport, WV
(Lat. 37[deg]51'33'' N, long. 80[deg]23'58'' W)
That airspace extending upward from the surface within 2 miles
on each side of the 216[deg] bearing of Greenbrier Valley Airport,
extending from the 4-mile radius of the airport to 6.8 miles
southwest of the airport and from the 009[deg] bearing of the
airport to the 044[deg] bearing of the airport, extending from the
4-mile radius to 6.8-miles northeast of the airport. This Class E
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 published continuously in the Chart
Supplement.
* * * * *
Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.
* * * * *
AEA WV E5 Lewisburg, WV [Amended]
Greenbrier Valley Airport, WV
(Lat. 37[deg]51'33'' N, long. 80[deg]23'58'' W)
That airspace extending upward from 700 feet above the surface
within a 12-mile radius of Greenbrier Valley Airport and within 4.4
miles on each side of the 216[deg] bearing of the airport, extending
from the 12-mile radius to 16 miles southwest of the airport.
* * * * *
Issued in College Park, Georgia, on December 1, 2023.
Lisa E. Burrows,
Manager, Airspace & Procedures Team North, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2023-27083 Filed 12-8-23; 8:45 am]
BILLING CODE 4910-13-P