[Federal Register Volume 89, Number 93 (Monday, May 13, 2024)]
[Rules and Regulations]
[Pages 41306-41307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09716]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2023-2360; Airspace Docket No. 23-AEA-24]
RIN 2120-AA66
Amendment of Class D and Class E Airspace; Huntington, WV
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action amends Class D airspace and Class E airspace
extending upward from 700 feet above the surface for Tri-State/Milton
J. Ferguson Field, Huntington, WV, and removes unnecessary verbiage
from the descriptor header.
DATES: Effective 0901 UTC, September 5, 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 helps, 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 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: Justin T. Rhodes, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; Telephone: (404) 305-5478.
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 Class E airspace in Huntington, WV. An
airspace evaluation determined that this update is necessary to support
IFR operations in the area.
History
The FAA published a notice of proposed rulemaking for Docket No.
FAA-2023-2360 in the Federal Register (88 FR 88854; December 26, 2023),
to amend Class D airspace and E airspace extending upward from 700 feet
above the surface for Tri-State/Milton J. Ferguson Field, Huntington,
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 Class E airspace designations are published in
Paragraphs 5000 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 action amends 14 CFR part 71 by amending Class D airspace by
adding that airspace extending upward from the surface within 1 mile on
each side of the Tri-State/Milton J. Ferguson Field 112[deg] bearing
extending from the 4-mile radius to 5.7 miles southeast of the airport
and 292[deg] bearing from the airport extending from the 4-mile radius
to 5.8 miles northwest of the airport.
This action amends Class E airspace extending from 700 feet above
the surface by increasing the radius to 8.3 miles (previously 8.2
miles) and adding that airspace within 2 miles on each side of the Tri-
State/Milton J. Ferguson Field 112[deg] bearing extending from the 8.3-
mile radius to 10.2 miles southeast of the airport.
The Tri-State/Milton J. Ferguson Field Class D and Class E airspace
is amended, in accordance with the 7400.2, by removing the city name
from the descriptor header.
Subsequent to publication, the FAA found an error in the NPRM. The
geographic coordinates of the airport were listed incorrectly, and the
correct coordinates are (Lat 38[deg]22'07'' N, long 82[deg]33'37'' W).
This action corrects this error.
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 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 exist that warrant the preparation of an
environmental assessment.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
[[Page 41307]]
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.
* * * * *
AEA WV D Huntington, WV [Amended]
Tri-State/Milton J. Ferguson Field, WV (lat 38[deg]22'07'' N, long
82[deg]33'37'' W)
That airspace extending upward from the surface to and including
3,400 feet MSL within a 4-mile radius of Tri-State/Milton J.
Ferguson Field and 1 mile each side of the airport's 292[deg]
bearing extending from the 4-mile radius to 5.8 miles northwest of
the airport and 1 mile each side of the airport's 112[deg] bearing
extending from the 4-mile radius to 5.7 miles southeast of the
airport.
* * * * *
Paragraph 6005 Class E Airspace Areas extending upward from 700
feet or more above the Surface of the Earth.
* * * * *
AEA WV E5 Huntington, WV [Amended]
Tri-State/Milton J. Ferguson Field, WV (lat 38[deg]22'07'' N, long
82[deg]33'37'' W)
That airspace extending upward from 700 feet above the surface
within an 8.3-mile radius of the Tri-State/Milton J Ferguson Field
Airport and 2 miles on each side of the airport's 112[deg] bearing
extending from the 8.3-mile radius to 10.2 miles southeast of the
airport.
* * * * *
Issued in College Park, Georgia, on April 30, 2024.
Patrick Young,
Manager, Airspace & Procedures Team North, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2024-09716 Filed 5-10-24; 8:45 am]
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