[Federal Register Volume 89, Number 52 (Friday, March 15, 2024)]
[Proposed Rules]
[Pages 18859-18860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05405]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2024-0383; Airspace Docket No. 24-ASO-02]
RIN 2120-AA66


Amendment of Class D Airspace; Fayetteville, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes amending Class D airspace extending 
upward from the surface for Simmons Army Air Field, Fort Liberty, NC, 
updating the geographic coordinates, and amending verbiage in the 
description.

DATES: Comments must be received on or before April 29, 2024.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2024-0383 and 
Airspace Docket No. 24-ASO-02 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: Justin T. Rhodes, Operations Support 
Group, Eastern Service Center, Federal Aviation Administration, 1701 
Columbia Avenue, College Park, GA 30337; Telephone: (404) 305-5478.

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,

[[Page 18860]]

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 airspace in Fort Liberty, NC. 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 in the docket all comments it receives 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 improve its rulemaking process. 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 
Office (see ADDRESSES section for address and phone number) between 
9:00 a.m. and 5:00 p.m., Monday through Friday, except for Federal 
holidays. An informal docket may also be examined between 8:00 a.m. and 
4:30 p.m., Monday through Friday, except on federal holidays at the 
office of the Eastern Service Center, Federal Aviation Administration, 
Room 350, 1701 Columbia Avenue, College Park, GA 30337.

Incorporation by Reference

    Class D airspace designations are published in Paragraph 5000 of 
FAA Order JO 7400.11, Airspace Designations and Reporting Points, 
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, dated August 11, 2023, effective September 15, 2023. These 
updates will be published in the next FAA Order JO 7400.11 update. That 
order 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 by excluding 1,400 feet MSL from the vertical limits 
(previously ``including''), updating the airport's geographic 
coordinates, and replacing ``Notice to Airmen'' with ``Notice to Air 
Mission'' in the description.
    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 per FAA 
Order 1050.1F, ``Environmental Impacts: Policies and Procedures,'' 
before any final regulatory action by the FAA.

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.

* * * * *

ASO NC D Simmons AAF, NC [Amended]

Simmons AAF, NC
    (Lat. 35[deg]07'55'' N, long. 78[deg]56'10'' W)

    That airspace extending upward from the surface to but not 
including 1,400 feet MSL within a 3.9-mile radius of Simmons AAF, 
excluding the portion northwest of a line extending from lat. 
35[deg]11'47'' N, long. 78[deg]55'36'' W; to lat. 35[deg]06'16'' N, 
long. 79[deg]00'31'' W, excluding the portion within the 
Fayetteville, NC, Class C airspace area. This Class D airspace area 
is effective during the specific dates and times established in 
advance by a Notice to Air Mission. The effective date and time will 
thereafter be continuously published in the Airport/Facility 
Directory.
* * * * *

    Issued in College Park, Georgia, on March 7, 2024.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2024-05405 Filed 3-14-24; 8:45 am]
BILLING CODE 4910-13-P