[Federal Register Volume 89, Number 138 (Thursday, July 18, 2024)]
[Rules and Regulations]
[Pages 58262-58263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15483]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2024-0383; Airspace Docket No. 24-ASO-2]
RIN 2120-AA66


Amendment of Class D Airspace; Fort Liberty, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

DATES: Effective 0901 UTC, October 31, 2024. 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 helps, and guidelines are available on the 
website. It is available 24 hours a day, 365 days a year.
    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, Subpart I, Section 40103. Under that

[[Page 58263]]

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.

History

    The FAA published a notice of proposed rulemaking for Docket No. 
FAA-2024-0383 in the Federal Register (89 FR 18859; March 15, 2024) to 
amend Class D airspace extending upward from the surface for Simmons 
Army Airfield, Fort Liberty, NC. 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 airspace designations are published in Paragraph 5000 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 amends the current version of that order, FAA Order JO 
7400.11H, dated August 11, 2023, and effective September 15, 2023. 
These updates will be published in the next update to FAA Order JO 
7400.11. 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 Rule

    This action amends 14 CFR part 71 by amending Class D airspace 
extending from the surface at Simmons Army Airfield, Fort Liberty, 
excluding 1,400 feet MSL from the vertical limits (previously 
``including''), updating the airport's geographic coordinates, 
replacing ``Notice to Airmen'' with ``Notice to Air Missions'' in the 
description, and updating reference to ``Chart Supplement'' (previously 
``Airport Facility Directory''). 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 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 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 exist that 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 
7400.11H, 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]11'48'' N, long. 78[deg]55'35'' W; to lat. 35[deg]06'17'' N, 
long. 79[deg]00'29''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 Missions. The effective date and time 
will thereafter be continuously published in the Chart Supplement.
* * * * *

    Issued in College Park, Georgia, on July 10, 2024.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2024-15483 Filed 7-17-24; 8:45 am]
BILLING CODE 4910-13-P