[Federal Register Volume 91, Number 14 (Thursday, January 22, 2026)]
[Rules and Regulations]
[Pages 2694-2696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-01170]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2025-5108; Airspace Docket No. 25-AGL-17]
RIN 2120-AA66
Amendment of Class E Airspace; New Lexington, OH
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action amends the Class E airspace at New Lexington, OH.
The name and geographic coordinates of Ed Newlon Field, New Lexington,
OH, are also being updated to coincide with the FAA's aeronautical
database. This action is the result of an airspace review conducted due
to the decommissioning of the Zanesville very high frequency
omnidirectional range (VOR) as part of the VOR Minimum Operational
Network (MON) Program. It brings the airspace into compliance with FAA
orders and supports instrument flight rule (IFR) procedures and
operations.
DATES: Effective 0901 UTC, May 14, 2026. 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 each day, 365 days each year. An electronic
copy of this document may also be downloaded from
www.federalregister.gov.
FAA Order JO 7400.11K, 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: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5711.
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 the Class E airspace at the affected airport to support
IFR operations.
History
The FAA published an NPRM for Docket No. FAA-2025-5108 in the
Federal Register (90 FR 52578; November 21, 2025) proposing to amend
the Class E airspace at New Lexington, OH. Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal to the FAA. One comment was
[[Page 2695]]
received from the Citizens Rulemaking Alliance.
Overall, the comment and accompanying petition are not applicable
to the proposed airspace action; however, the following explanations
are provided.
The comment and accompanying petition requested either that the
final rule be withdrawn, an NPRM issued, and the effective date stayed,
or that the FAA reopen the record for purposes of supplementation. The
comment was written as if the FAA had never issued an NPRM. However,
the comment and petition were submitted on the NPRM during the 45-day
comment period, so the request has already been satisfied. A request to
reopen a docket submitted through that very docket during the period
when it was actively open for receiving comments is nonsensical.
Accordingly, the comment appears at least partially unrelated to the
instant action.
The petition also requests more detailed discussion regarding the
FAA's analyses under the Regulatory Flexibility Act and Executive Order
(E.O.) 12866. The FAA has met its legal obligations for this action
under the aforementioned authorities. Although the FAA individually
assesses each airspace action under all applicable law and guidance, it
utilizes standardized language in routine airspace action rulemakings
to ensure consistency and legal sufficiency, and to streamline drafting
of regulatory documents in one of the agency's most prolific rulemaking
portfolios. The use of such standard language is not an indication that
the agency failed to perform the requisite analysis.
The petition further requests that the FAA provide analysis under
other authorities inapplicable to the instant action, such as the
Paperwork Reduction Act and the Unfunded Mandates Reform Act. The FAA
declines to perform analysis or provide discussion beyond what is
legally required. The airspace action rulemaking portfolio is one of
the FAA's most prolific, and it is not feasible for the agency to
perform work beyond what is legally required for each of these frequent
and recurring actions.
Substantively, the petition also assumes that the expansion of the
Class E airspace extending upward from 700 ft. above the surface at
Beeville, TX, will impact IFR, VFR, and unmanned aircraft systems (UAS)
operations. This Class E airspace is established as transitional
airspace to/from terminal or enroute environments around airports with
instrument procedures as required by FAA Order JO 7400.2R, Procedures
for Handling Airspace Matters. For IFR traffic, the airspace contains
the instrument procedures at the airport; however, no air traffic
control services are provided and there are no communications
requirements for VFR traffic, so there is little to no impact on VFR
traffic. In fact, this Class E airspace provides notice to pilots that
there are instrument procedures and potential IFR traffic in the area,
increasing a pilot's situational awareness. As to the impact on UAS
operations, no additional coordination or analysis is required.
Additionally, the petition recommends that the FAA publish a
comparison table of the airspace legal description, before-and-after
maps, and GIS shapefiles providing a comparative description of the
changes to the airspace. The petition claims that, without such
materials, ``it is impossible for interested persons to ascertain
whether the amendment expands or contracts controlled airspace''. The
comment also requests that the FAA identify the instrument procedures
that motivated the change, claiming that this information, as well as
the requested comparative materials, ``are standard in other airspace
projects''.
The FAA has no specific legal duty to provide the requested
comparative materials, and they are not routinely provided unless the
airspace changes are unusually complex and an expanded explanation of
the changes is necessary to allow for meaningful comment. In this case,
the airspace change is relatively straightforward. The description of
the proposed action within the NPRM makes it clear that the affected
airspace is slightly expanded by specifically stating that the proposal
would ``increase the radius from 6.3 miles to 6.5 miles from the
airport''. 90 FR 52578, 52579. The changes to the airspace legal
description are also explained in detail both within the NPRM and this
final rule. Lastly, there is only one instrument procedure at Ed Newlon
Field, New Lexington, OH, so it is unnecessary to identify which
procedure motivated the change.
Incorporation by Reference
Class E airspace designations are published in paragraph 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
7400.11K, dated August 4, 2025, and effective September 15, 2025. These
amendments will be published in the next update to FAA Order JO
7400.11. FAA Order JO 7400.11K, 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 action amends 14 CFR part 71 by modifying the Class E airspace
extending upward from 700 ft. above the surface at New Lexington, Ohio,
due to an airspace review conducted as part of the decommissioning of
the Zanesville VOR as part of the VOR MON Program.
For the Ed Newlon Field, New Lexington, OH, Class E airspace
extending upward from 700 ft. above the surface, this action: (1)
increases the radius from 6.3 miles to 6.5 miles from the airport; (2)
removes the city associated with the airport from the airspace legal
description header to comply with changes to FAA Order JO 7400.2R; and
(3) updates the name of the airport from Perry County Airport to Ed
Newlon Field as well as updates the geographic coordinates of the
airport to coincide with the FAA's aeronautical database.
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
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 1050.1G, ``FAA National Environmental Policy Act
Implementing Procedures,'' Paragraph B-2.5(a). This airspace action is
not expected to cause any potentially significant environmental
impacts, and no extraordinary circumstances exist that warrant
preparation of an environmental assessment.
[[Page 2696]]
Lists of Subjects in 14 CFR 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 14 CFR 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
7400.11K, Airspace Designations and Reporting Points, dated August 4,
2025, and effective September 15, 2025, is amended as follows:
Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.
* * * * *
AGL OH E5 New Lexington, OH [Amended]
Ed Newlon Field, OH
(Lat 39[deg]41'30'' N, long 082[deg]11'52'' W)
That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Ed Newlon Field.
* * * * *
Issued in Fort Worth, Texas, on January 20, 2026.
Courtney E. Johns,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2026-01170 Filed 1-21-26; 8:45 am]
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