[Federal Register Volume 90, Number 110 (Tuesday, June 10, 2025)]
[Proposed Rules]
[Pages 24360-24362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10422]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2025-0767; Airspace Docket No. 25-AEA-5]
RIN 2120-AA66
Amendment of Class D and Class E5 Airspace; Revocation of Class
E4 Airspace Dover, DE
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 at Dover Air
Force Base (AFB) due to the current designated airspace not properly
containing instrument flight rule operations. Additionally, this action
proposes to establish Class E surface airspace and to revoke Class E
surface extension airspace extending upward from the surface above
Dover AFB, Dover, DE, due to the airspace no longer meeting the
specifications of its current designation. This action also proposes to
amend the boundaries of Class E airspace extending upward from 700ft
that no longer meets the requirements for its specific designation due
to the amendment or cancellation of Standard Instrument Approach
Procedures. This action would also update the coordinates for Dover
AFB, Dover, DE, Delaware Airpark, Dover, DE, and the Dover TACAN.
DATES: Comments must be received on or before July 25, 2025.
[[Page 24361]]
ADDRESSES: Send comments identified by FAA Docket No. FAA-2025-0767 and
Airspace Docket No. 25-AEA-5 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: 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 7400.11J 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, Policy Directorate, Federal Aviation Administration,
600 Independence Avenue SW, Washington, DC 20597; Telephone: (202) 267-
8783.
FOR FURTHER INFORMATION CONTACT: Christopher Stocking, Operations
Support Group, Eastern Service Center, Federal Aviation Administration,
1701 Columbia Avenue, College Park, GA 30337; Telephone: (404) 305-
5887.
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, establish Class E2, revoke Class E4, and
amend Class E5 airspace in Dover, DE.
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, 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
regular 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, 6002, 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 7400.11J, dated July 31,
2024, and effective September 15, 2024. 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 7400.11J lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.
The Proposal
This action proposes an amendment to 14 CFR part 71 to amend Class
D and E airspace, establish Class E airspace, and revoke Class E
airspace for Dover AFB, Dover, DE.
This action proposes to amend the Class D airspace extending upward
from the surface to and including 2,500 feet MSL for Dover AFB (DOV),
Dover, DE, by increasing it to a 4.9-mile radius as the current radius
of 4.6-miles does not properly contain instrument flight rules
operations. Additionally, this proposes to amend the Class D airspace
as the air traffic control tower will no longer be full-time by
establishing Class E airspace that will be effective when the control
tower is closed.
Accordingly, the action proposes to establish Class E surface
airspace extending upward from the surface within a 4.9-mile radius of
Dover AFB.
This action proposes to revoke Class E airspace extending upward
from the surface within 2.7 miles each side of the Dover TACAN 177[deg]
radial extending from the 4.6-mile radius of Dover AFB to 5.7 miles
south of the TACAN and within 2.7 miles each side of the Dover TACAN
013[deg] radial extending from the 4.6-mile radius of the airport to
5.7 miles north of the TACAN and within 2.7 miles each side of the
Dover TACAN 133[deg] radial extending from the 4.6-mile radius of the
airport to 5.7 miles southeast of the TACAN. This airspace no longer
meets the requirements for its specific designation due to the
amendment or cancellation of Standard Instrument Approach Procedures.
This action proposes to amend Class E airspace extending upward
from 700 feet above the surface for Dover AFB, Dover, DE, due to the
current configuration no longer meeting the
[[Page 24362]]
requirements for its specific designation due to the amendment or
cancellation of Standard Instrument Approach Procedures. The
reconfiguration would remove that E airspace extending upward from 700
feet above the surface within 3.1 miles each side of the Dover TACAN
177[deg] radial extending from the 7.9-mile radius to 9.2 miles south
of the TACAN and the Dover TACAN 133[deg] radial extending from the
7.9-mile radius to 9.2 miles southeast of the TACAN, leaving only the
airspace within a 7.9-mile radius of Dover AFB and within a 6.3-mile
radius of the Delaware Airpark and within 5.7 miles north and 4 miles
south of the Smyrna VORTAC 078[deg] radial extending from the 6.3-mile
radius of Delaware Airpark to 10 miles east of the VORTAC.
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 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
7400.11J, Airspace Designations and Reporting Points, dated July 31,
2024, and effective September 15, 2024, is amended as follows:
Paragraph 5000 Class D Airspace.
* * * * *
AEA DE D Dover, DE [Amended]
Dover AFB, DE
(Lat. 39[deg]07'46'' N, long. 75[deg]27'57'' W)
That airspace extending upward from the surface to and including
2,500 feet MSL within a 4.9-mile radius of Dover AFB. This Class D
airspace area is effective during the specific dates and times
established in advance by a Notice to Airmen. The effective date and
time will thereafter be continuously published in the Chart
Supplement.
* * * * *
Paragraph 6002 Class E Surface Airspace.
* * * * *
AEA DE E2 Dover, DE [New]
Dover AFB, DE
(Lat. 39[deg]07'46'' N, long. 75[deg]27'57'' W)
That airspace extending upward from the surface within a 4.9-
mile radius of Dover AFB. This Class E airspace area is effective
during the specific dates and times established in advance by a
Notice to Airmen. The effective date and time will thereafter be
continuously published in the Chart Supplement.
* * * * *
Paragraph 6004 Class E Airspace Designated as an Extension to a
Class D Surface Area.
* * * * *
AEA DE E4 Dover, DE [Remove]
Dover AFB, DE
(Lat. 39[deg]07'48'' N, long. 75[deg]27'59'' W)
Dover TACAN
(Lat. 39[deg]07'54'' N, long. 75[deg]28'05'' W)
* * * * *
Paragraph 6005 Class E Airspace.
* * * * *
AEA DE E5 Dover, DE [Amended]
Dover AFB, DE
(Lat. 39[deg]7'46'' N, long. 75[deg]27'57'' W)
Smyrna VORTAC
(Lat. 39[deg]13'54'' N, long. 75[deg]30'57'' W)
Delaware Airpark, DE
(Lat. 39[deg]13'07'' N, long. 75[deg]36'02'' W)
That airspace extending upward from 700 feet above the surface
within a 7.9-mile radius of Dover AFB and within a 6.3-mile radius
of the Delaware Airpark and within 5.7 miles north and 4 miles south
of the Smyrna VORTAC 078[deg] radial extending from the 6.3-mile
radius of Delaware Airpark to 10 miles east of the VORTAC.
* * * * *
Issued in College Park, Georgia, on June 4, 2025.
Patrick Young,
Manager, Airspace & Procedures Team North, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2025-10422 Filed 6-9-25; 8:45 am]
BILLING CODE 4910-13-P