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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

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Notice of proposed rulemaking (NPRM).

# SUMMARY:

This action proposes to remove 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:

Comments must be received on or before October 23, 2023.

# ADDRESSES:

Send comments identified by FAA Docket No. FAA-2023-1780 and Airspace Docket No. 23-ASO-35 using any of the following methods:

                        *                         *Federal eRulemaking Portal:*                         Go to                         *www.regulations.gov*                         and follow the online instructions for sending your comments electronically.                    

                        *                         *Mail:*                         Send comments to Docket Operations, M-30; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West Building Ground Floor, Washington, DC 20590-0001.                    

                        *                         *Hand Delivery or Courier:*                         Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey                               ( print page 60911)                            Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except for Federal holidays.                    

                        *                         *Fax:*                         Fax comments to Docket Operations at (202) 493-2251.                    

*Docket:*                         Background documents or comments received may be read at                         *www.regulations.gov*                         anytime. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except for Federal holidays.                    

                        FAA Order JO 7400.11G 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:

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 would remove Class D and Class E airspace in Milton, FL. The closing of the air traffic control tower and cancellation of all instrument approaches determined that this update is necessary to support operations in the area.

## Comments Invited

The FAA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. Comments are specifically invited on the proposal's overall regulatory, aeronautical, economic, environmental, and energy-related aspects. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should submit only one time if comments are filed electronically, or commenters should send only one copy of written comments if comments are filed in writing.

The FAA will file in the docket all comments it receives and a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. Before acting on this proposal, the FAA will consider all comments it receives on or before the closing date for comments. The FAA will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. The FAA may change this proposal in light of the comments it receives.

*Privacy:*                     In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to                     *www.regulations.gov,*                     as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at                     *www.dot.gov/​privacy.*

## Availability of Rulemaking Documents

                    An electronic copy of this document may be downloaded through the internet at                     *www.regulations.gov.*                     Recently published rulemaking documents can also be accessed through the FAA's web page at                     *www.faa.gov/​air_​traffic/​publications/​airspace_​amendments/​.*

                    You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Operations office (see                     **ADDRESSES**                     section for address, phone number, and hours of operations). An informal docket may also be examined during normal business hours at the office of the Eastern Service Center, Federal Aviation Administration, Room 210, 1701 Columbia Ave., College Park, GA 30337.                

## Incorporation by Reference

                    Class D and Class E airspace designations are published in Paragraphs 5000, 6002, and 6005 of FAA Order JO 7400.11, Airspace Designations and Reporting Points, which is incorporated by reference in 14 CFR 71.1 annually. This document proposes to amend the current version of that order, FAA Order JO 7400.11G, Airspace Designations and Reporting Points, dated August 19, 2022, and effective September 15, 2022. These updates would be published subsequently in the next update to FAA Order JO 7400.11. FAA Order JO 7400.11G is publicly available as listed in the                     **ADDRESSES**                     section of this document. FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.                

## The Proposal

The FAA proposes an amendment to 14 CFR part 71 to remove 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.

## Regulatory Notices and Analyses

The FAA has determined that this proposed 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 Department of Transportation (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

This proposal will be subject to an environmental analysis per FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures,” before any FAA final regulatory action.

# Lists of Subjects in 14 CFR Part 71

      - Airspace
      - Incorporation by reference
      - Navigation (air)

## The Proposed Amendment

In consideration of the foregoing, the Federal Aviation Administration proposes to amend 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

1. The authority citation for part 71 continues to read as follows: 

      ( print page 60912)    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.

§ 71.1

2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 7400.11G, Airspace Designations and Reporting Points, dated August 19, 2022, and effective September 15, 2022, 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 August 29, 2023.

Lisa E. Burrows,

Manager, Airspace & Procedures Team North, Eastern Service Center, Air Traffic Organization.

[FR Doc. 2023-19045 Filed 9-5-23; 8:45 am]

BILLING CODE 4910-13-P