65794 Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Rules and Regulations 

BILLING CODE 3410–30–C 

E-Government Act Compliance 

The Department is committed to 

complying with the E-Government Act, 

to promote the use of the internet and 

other information technologies to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. 

List of Subjects in 7 CFR Part 245 

Civil rights, Food assistance 

programs, Grant programs—education, 

Grant programs—health, Infants and 

children, Milk, Reporting and 

recordkeeping requirements, School 

breakfast and lunch programs. 

Accordingly, 7 CFR part 245 is 

amended as follows: 

PART 245—DETERMINING 

ELIGIBILITY FOR FREE AND 

REDUCED PRICE MEALS AND FREE 

MILK IN SCHOOLS 

■ 1. The authority citation for 7 CFR 

part 245 continues to read as follows: 

Authority: 42 U.S.C. 1752, 1758, 1759a, 

1772, 1773, and 1779. 

§ 245.9 [Amended] 

■ 2. In § 245.9, in paragraph (f), remove 

‘‘40 percent’’ and ‘‘30 percent’’ 

wherever they appear and add in their 

places ‘‘25 percent’’ and ‘‘15 percent’’, 

respectively. 

Cynthia Long, 

Administrator, Food and Nutrition Service. 

[FR Doc. 2023–20294 Filed 9–25–23; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2023–1479; Airspace 

Docket No. 23–ASO–26] 

RIN 2120–AA66 

Amendment of Class D and Class E 

Airspace; Palm Coast, FL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class D 

and Class E airspace extending upward 

from 700 feet above the surface for 

Flagler Executive Airport, Palm Coast, 

FL. This action will increase the radius, 

update the airport’s geographic 

coordinates, and amend verbiage in the 

Class D description. 

DATES: Effective 0901 UTC, November 

30, 2023. 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 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 


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Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Rules and Regulations 65795 

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 Palm 

Coast, FL, to support instrument flight 

rules (IFR) operations in the area. 

History 

The FAA published a notice of 

proposed rulemaking for Docket No. 

FAA 2023–1479 in the Federal Register 

(88 FR 45825; July 18, 2023), amending 

Class D and Class E airspaces extending 

upward from 700 feet above the surface 

for Flagler Executive Airport, Palm 

Coast, FL. 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, respectively, 

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 19, 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 and Class E 

airspace extending upward from 700 

feet above the surface for Flagler 

Executive Airport, Palm Coast, FL, by 

increasing the Class D radius to 4.2 

miles (previously 4.0 miles). The Class 

E airspace extending upward from 700 

feet above the surface to 6.7 miles 

(previously 6.5 miles), and the 

geographic coordinates for this airport 

coincide with the FAA’s database. This 

action also updates the airport name to 

Flagler Executive Airport (previously 

Flagler County Airport) and the city 

name to Palm Coast (previously 

Bunnell), as well as replacing the terms 

Notice to Airmen with Notice to Air 

Missions and Airport/Facility Directory 

with Chart Supplement in the Class D 

airspace description. Controlled 

airspace is necessary for the safety and 

management of 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 

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 

■ 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. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11H, 

Airspace Designations and Reporting 

Points, dated August 19, 2023, and 

effective September 15, 2023, is 

amended as follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

ASO FL D Palm Coast, FL [Amended] 

Flagler Executive Airport, FL 

(Lat 29°27′55′′ N, long 81°12′28′′ W) 

That airspace extending upward from the 

surface to and including 1,500 feet MSL 

within a 4.2-mile radius of the Flagler 

Executive 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 be continuously published in the Chart 

Supplement. 

* * * * * 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO FL E5 Palm Coast, FL [Amended] 

Flagler Executive Airport, FL 

(Lat 29°27′55′′ N, long 81°12′28′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6.7-mile 

radius of Flagler Executive Airport. 

* * * * * 

Issued in College Park, Georgia, on 

September 20, 2023. 

Andreese C. Davis, 

Manager, Airspace & Procedures Team South, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2023–20784 Filed 9–25–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2023–1295; Airspace 

Docket No. 23–AEA–04] 

RIN 2120–AA66 

Amendment of United States Area 

Navigation (RNAV) Route Q–445; 

Eastern United States 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends United 

States Area Navigation (RNAV) route Q– 

445 by removing segments of the route 

from the PAACK, NC, waypoint (WP) to 

the SHAUP, OA, WP (i.e., OA means 

Offshore Atlantic). This amendment is 

required because those route segments 

are unused due to multiple other routes 

in the same area. 

DATES: Effective date 0901 UTC, 

November 30, 2023. 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. 


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