[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Rules and Regulations]
[Pages 76655-76656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24543]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2023-1780; Airspace Docket No. 23-ASO-35]
RIN 2120-AA66
Revocation of Class D and Class E Airspace; Milton, FL
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action removes Class D airspace, Class E surface
airspace, and Class E airspace extending upward from 700 feet above the
surface for Choctaw NOLF, Milton, FL.
DATES: Effective 0901 UTC, January 25, 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 help 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, 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:
John Fornito, Operations Support Group, Eastern Service Center,
Federal Aviation Administration, 1701 Columbia Avenue, College Park, GA
30337; Telephone: (404) 305-6364.
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 removes Class D and Class E airspace in Milton, FL. The FAA
determined that this update is necessary to support operations in the
area due to the closing of the air traffic control tower and
cancellation of all instrument approaches.
History
The FAA published a notice of proposed rulemaking for Docket No.
FAA 2023-1780 in the Federal Register (88 FR 60910; September 6, 2023),
removing Class D airspace, Class E surface airspace, and Class E
airspace extending upward from 700 feet above the surface for Choctaw
NOLF, Milton, FL, as the air traffic control tower has closed, and all
instrument approaches canceled. 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 and Class E airspace designations are published in
Paragraphs 5000, 6002, and 6005, respectively, 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. FAA Order JO 7400.11H is
publicly available as listed in the ADDRESSES section of this document.
These amendments will be published in the next FAA Order JO 7400.11
update.
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 removing Class D airspace,
Class E surface airspace, and Class E airspace extending upward from
700 feet above the surface for Choctaw NOLF, Milton, FL, due to the
closing of the air traffic control tower, and cancellation of all
instrument approaches. 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
[[Page 76656]]
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 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 FL D Milton, FL [Removed]
* * * * *
Paragraph 6002 Class E Surface Airspace.
* * * * *
ASO FL E2 Milton, FL [Removed]
* * * * *
Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.
* * * * *
ASO FL E5 Choctaw Outlying Field, FL [Removed]
* * * * *
ASO FL E5 Milton, FL [Removed]
* * * * *
Issued in College Park, Georgia, on November 1, 2023.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2023-24543 Filed 11-6-23; 8:45 am]
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