[Federal Register Volume 88, Number 236 (Monday, December 11, 2023)]
[Proposed Rules]
[Pages 85860-85861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27083]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-2275; Airspace Docket No. 23-AEA-22]
RIN 2120-AA66


Amendment of Class D and Class E Airspace; Lewisburg, WV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class D airspace, Class E 
airspace designated as an extension to a Class D surface, and Class E 
airspace extending upward from 700 feet above the surface area for 
Greenbrier Valley Airport, Lewisburg, WV. This action would amend 
verbiage in the descriptions, as well as adding additional extensions 
to the northeast and southwest of the airport.

DATES: Comments must be received on or before January 25, 2024.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-2275 and 
Airspace Docket No. 23-AEA-223261 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow 
the online instructions to send 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 
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 7400.11H 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 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 amend Class D and Class E airspace in Lewisburg, WV. An 
airspace evaluation determined that this update is necessary to support 
IFR 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 once 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 all comments it receives in the docket 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 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), the DOT solicits 
comments from the public to inform its rulemaking process better. 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 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

[[Page 85861]]

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, 6004, 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 7400.11H, Airspace Designations and 
Reporting Points, dated August 11, 2023, and effective September 15, 
2023. These updates would be published subsequently in the next update 
to FAA Order JO 7400.11. FAA Order JO 7400.11H is publicly available as 
listed in the ADDRESSES section of this document. FAA Order JO 7400.11H 
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 amend Class D 
airspace and Class E airspace designated as an extension to a Class D 
surface area by:
    <bullet> Removing the city name from the airport header.
    <bullet> Replacing Notice to Airmen with Notice to Air Missions and 
Airport/Facility Directory with Chart Supplement.
    <bullet> Removing the BUSHI NDB from the description, as it is 
unnecessary in describing the airspace.
    <bullet> Add a northeast extension and amend the southwest 
extension.
    The FAA proposes an amendment to 14 CFR part 71 to amend Class E 
airspace extending upward from 700 feet above the surface area by 
removing the BUSHI NDB from the description, as it is unnecessary in 
describing the airspace.

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

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 Lewisburg, WV [Amended]

Greenbrier Valley Airport, WV
    (Lat. 37[deg]51'33'' N, long. 80[deg]23'58'' W)

    That airspace extending upward from the surface to and including 
4,000 feet MSL within a 4-mile radius of Greenbrier Valley 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 published continuously in 
the Chart Supplement.
* * * * *

Paragraph 6004 Class E Airspace Designated as an Extension to Class 
D or E Surface Area.

* * * * *

AEA WV E4 Lewisburg, WV [Amended]

Greenbrier Valley Airport, WV
    (Lat. 37[deg]51'33'' N, long. 80[deg]23'58'' W)

    That airspace extending upward from the surface within 2 miles 
on each side of the 216[deg] bearing of Greenbrier Valley Airport, 
extending from the 4-mile radius of the airport to 6.8 miles 
southwest of the airport and from the 009[deg] bearing of the 
airport to the 044[deg] bearing of the airport, extending from the 
4-mile radius to 6.8-miles northeast of the 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 published continuously in the Chart 
Supplement.
* * * * *

Paragraph 6005 Class E Airspace Areas Extending Upward From 700 
Feet or More Above the Surface of the Earth.

* * * * *

AEA WV E5 Lewisburg, WV [Amended]

Greenbrier Valley Airport, WV
    (Lat. 37[deg]51'33'' N, long. 80[deg]23'58'' W)

    That airspace extending upward from 700 feet above the surface 
within a 12-mile radius of Greenbrier Valley Airport and within 4.4 
miles on each side of the 216[deg] bearing of the airport, extending 
from the 12-mile radius to 16 miles southwest of the airport.
* * * * *

    Issued in College Park, Georgia, on December 1, 2023.
Lisa E. Burrows,
Manager, Airspace & Procedures Team North, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2023-27083 Filed 12-8-23; 8:45 am]
BILLING CODE 4910-13-P