[Federal Register Volume 89, Number 48 (Monday, March 11, 2024)]
[Rules and Regulations]
[Pages 17281-17283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05077]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2023-2362; Airspace Docket No. 23-AEA-25]
RIN 2120-AA66
Amendment of Class D and Class E Airspace and Revocation of Class
E Airspace; Clarksburg, WV
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action amends the Class D and Class E airspace and
revokes Class E airspace at Clarksburg, WV. This action is the result
of a biennial airspace review. This action brings the airspace into
compliance with FAA orders to support instrument flight rule (IFR)
operations.
DATES: Effective 0901 UTC, May 16, 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 each day, 365 days each year.
FAA Order JO 7400.11H, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/
air_traffic/
[[Page 17282]]
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 D airspace and Class E airspace extending upward
from 700 feet above the surface and revokes the Class E airspace
designated as an extension to Class D airspace at North Central West
Virginia Airport, Clarksburg, WV, to support IFR operations at this
airport.
History
The FAA published an NPRM for Docket No. FAA-2023-2362 in the
Federal Register (88 FR 88550; December 22, 2023) proposing to amend
the Class D and Class E airspace and revoke Class E airspace at
Clarksburg, WV. 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 E airspace designations are published in paragraphs
5000, 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 7400.11H, 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 update to FAA Order JO 7400.11.
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 amendment to 14 CFR part 71:
Modifies the Class D airspace extending upward from the surface up
to and including 3,700 feet MSL to within a 7.1-mile (increased from
4.1-mile) radius of the North Central West Virginia Airport,
Clarksburg, WV, excluding that airspace within a 1-mile radius of Wade
F. Maley Field, Shinnston, WV; and updates the outdated terms ``Notice
to Airmen'' and ``Airport Facility Directory'' to ``Notice to Air
Missions'' and ``Chart Supplement'';
Revokes the Class E airspace designated as an extension to Class D
airspace at North Central West Virginia Airport as it is no longer
required;
And modifies the Class E airspace extending upward from 700 feet
above the surface to within a 9.6-mile (increased from an 8.9-mile)
radius of North Central West Virginia Airport.
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 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.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.
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
7400.11H, Airspace Designations and Reporting Points, dated August 11,
2023, and effective September 15, 2023, is amended as follows:
Paragraph 5000 Class D Airspace.
* * * * *
AEA WV D Clarksburg, WV [Amended]
North Central West Virginia Airport, WV
(Lat. 39[deg]17'52'' N, long. 80[deg]13'39'' W)
Wade F. Maley Field, WV
(Lat. 39[deg]24'22'' N, long. 80[deg]16'37'' W)
That airspace extending upward from the surface up to and
including 3,700 feet within a 7.1-mile radius of North Central West
Virginia Airport excluding that airspace within a 1-mile radius of
Wade F. Maley Field. This Class D airspace area is effective during
specific dates and times established in advance by a Notice to Air
Missions. The effective dates and times will thereafter be
continuously published in the Chart Supplement.
* * * * *
Paragraph 6004 Class E Airspace Areas Designates as an Extension to
a Class D or Class E Surface Area.
* * * * *
AEA WV E4 Clarksburg, WV [Remove]
* * * * *
Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.
* * * * *
AEA WV E5 Clarksburg, WV [Amended]
North Central West Virginia Airport, WV
(Lat. 39[deg]17'52'' N, long. 80[deg]13'39'' W)
That airspace extending upward from 700 feet above the surface
within an 9.6-mile radius of North Central West Virginia Airport.
* * * * *
[[Page 17283]]
Issued in Fort Worth, Texas, on March 6, 2024.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2024-05077 Filed 3-8-24; 8:45 am]
BILLING CODE 4910-13-P