[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]
BILLING CODE 4910-13-P