[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Rules and Regulations]
[Pages 85094-85095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26712]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2023-2192; Airspace Docket No. 23-AEA-19]
RIN 2120-AA66
Amendment of Class D and Class E Airspace; Wilmington, DE
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action amends Class D airspace and Class E surface
airspace for New Castle Airport, Wilmington, DE, by making editorial
changes to the airspace legal descriptions. This action does not change
the airspace boundaries or operating requirements.
DATES: Effective 0901 UTC, March 21, 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: FAA Order JO 7400.11H, Airspace Designations, Reporting
Points, and subsequent amendments online at www.faa.gov/air_traffic/publications/. For further information, contact the Airspace Policy
Group, Federal Aviation Administration, 800 Independence Avenue SW,
Washington, DC 20591; telephone: (202) 267-8783.
FOR FURTHER INFORMATION CONTACT: John Goodson, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; telephone: (404) 305-5966.
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 updates airspace descriptions. This update is an administrative
change and does not change the airspace boundaries or operating
requirements.
Incorporation by Reference
Class D and Class E airspace are published in paragraphs 5000 and
6002 of FAA Order JO 7400.11, Airspace Designations and Reporting
Points, which is incorporated by reference in 14 CFR 71.1 annually.
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
[[Page 85095]]
7400.11H lists Class A, B, C, D, and E airspace areas, air traffic
service routes, and reporting points.
The Rule
This action amends the Class D airspace and Class E surface
airspace for New Castle Airport, Wilmington, DE, by replacing Notice to
Airmen with Notice to Air Missions.
This action is an administrative change and does not affect the
airspace boundaries or operating requirements; therefore, notice and
public procedure under 5 U.S.C. 553(b) is unnecessary.
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, ``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 Federal Aviation
Administration 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.
* * * * *
AEA DE D Wilmington, DE [Amended]
New Castle Airport, DE
(Lat. 39[deg]40'43'' N, long. 75[deg]36'24'' W)
That airspace extending upward from the surface to and including
2,600 feet MSL within a 4.2-mile radius of the New Castle Airport.
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.
* * * * *
Paragraph 6002 Class E Surface Airspace.
* * * * *
AEA DE E2 Wilmington, DE [Amended]
New Castle Airport, DE
(Lat. 39[deg]40'43'' N, long. 75[deg]36'24'' W)
That airspace extending upward from the surface to and including
2,600 feet MSL within a 4.2-mile radius of the New Castle Airport, a
4.2-mile radius of the New Castle Airport. This Class E 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 November 30, 2023.
Lisa E. Burrows,
Manager, Airspace & Procedures Team North, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2023-26712 Filed 12-6-23; 8:45 am]
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