[Federal Register Volume 90, Number 146 (Friday, August 1, 2025)]
[Rules and Regulations]
[Pages 36101-36102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-14577]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 90, No. 146 / Friday, August 1, 2025 / Rules
and Regulations
[[Page 36101]]
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: Final rule.
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SUMMARY: This action amends the Class D airspace at Dover Air Force
Base (AFB) due to the currently designated airspace not properly
containing instrument flight rule (IFR) operations. Additionally, this
action establishes Class E surface airspace and revokes the 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 amends the
boundaries of Class E airspace extending upward from 700 ft that no
longer meets the requirements for its specific designation due to the
amendment or cancellation of Standard Instrument Approach Procedures.
This action also updates the coordinates for Dover AFB, Dover, DE,
Delaware Airpark, Dover, DE, and the Dover TACAN.
DATES: Effective 0901 UTC, November 27, 2025. 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 help and guidelines are available on the website.
It is available 24 hours a day, 365 days a year. An electronic copy of
this document may also be downloaded from the Office of the Federal
Register's website at www.federalregister.gov.
FAA Order JO 7400.11J, Airspace Designations, and Reporting Points,
as well as subsequent amendments, can be viewed online at www.faa.gov/air_traffic/publications/. For further information, 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: Chris 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 amends Class D and E5, establishes Class E2, and revokes Class E4
airspace in Dover, DE.
History
The FAA published a notice of proposed rulemaking for Docket No.
FAA 2025-0767 in the Federal Register (90 FR 24360; June 10, 2025),
proposing to amend Class D and E5 airspace, establish Class E2 airspace
extending upward from the surface, and revoke Class E4 airspace at
Dover Air Force Base, Dover, DE. Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. One comment was received which was in favor of
the proposal.
Incorporation by Reference
Class D and 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 amends the current
version of that order, FAA Order JO 7400.11J, dated July 31, 2024, and
effective September 15, 2024. These amendments will be published in the
next update to FAA Order JO 7400.11. FAA Order JO 7400.11J, which lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points, is publicly available as listed in the ADDRESSES
section of this document.
The Rule
This rule amends 14 CFR part 71 to amend Class D and E5 airspace,
establish Class E2 airspace, and revoke Class E4 airspace for Dover
AFB, Dover, DE.
This rule amends 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 IFR operations. Additionally, this rule
amends the Class D airspace, as the air traffic control tower will no
longer be operating full-time, by establishing Class E airspace that
will be activated when the control tower is closed. Accordingly, the
rule establishes Class E2 surface airspace extending upward from the
surface within a 4.9-mile radius of Dover AFB.
This rule revokes Class E4 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.
[[Page 36102]]
This rule also amends Class E5 airspace extending upward from 700
feet above the surface for Dover AFB, Dover, DE. The reconfiguration
removes 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.
Lastly, this action updates the coordinates for Dover AFB, Dover,
DE, Delaware Airpark, Dover, DE, and the Dover TACAN.
Controlled airspace is necessary for the safety and management of
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 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
The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F,\1\ ``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.
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\1\ The FAA has updated its National Environmental Policy Act
implementing procedures in FAA Order 1050.1G, which has an effective
date of June 30, 2025. That Order states that it ``does not apply to
or alter any decisions made and final environmental documents issued
prior to the effective date''. The CATEX prepared in connection with
this action was prepared prior to the effective date of the new
Order and therefore was prepared in accordance with the prior
version of the Order.
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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
7400.11J, 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 July 30, 2025.
Patrick Young,
Manager, Airspace & Procedures Team North, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2025-14577 Filed 7-31-25; 8:45 am]
BILLING CODE 4910-13-P