[Federal Register Volume 88, Number 245 (Friday, December 22, 2023)]
[Proposed Rules]
[Pages 88550-88552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28237]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-2362; Airspace Docket No. 23-AEA-25]
RIN 2120-AA66


Amendment of Class D and Class E Airspace and Revocation of Class 
E Airspace; Clarksburg, WV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the Class D and Class E airspace 
and revoke Class E airspace at Clarksburg, WV. The FAA is proposing 
this action as the result of a biennial airspace review. This action 
will bring the airspace into compliance with FAA orders to support 
instrument flight rule (IFR) operations.

DATES: Comments must be received on or before February 5, 2024.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-2362 and 
Airspace Docket No. 23-AEA-25 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow 
the online instruction 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 
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except 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 at any time. Follow the online instructions for 
accessing the docket or go 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 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: Jeffrey Claypool, Federal Aviation 
Administration, Operations Support Group, Central Service Center, 10101 
Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5711.

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 the Class D airspace and Class E airspace extending 
upward from 700 feet above the surface and revoke the Class E airspace 
designated as an extension to Class D airspace at North Central West 
Virginia Airport, Clarksburg, WV, to support IFR operations at this 
airport.

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 overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal. 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.

[[Page 88551]]

    The FAA will file in the docket all comments it receives, as well 
as 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 received 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 dely. 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 post 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-14FDMS), 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 
Office (see the ADDRESSES section for the address, phone number, and 
hours of operations). An informal docket may also be examined during 
normal business hours at the Federal Aviation Administration, Air 
Traffic Organization, Central Service Center, Operations Support Group, 
10101 Hillwood Parkway, Fort Worth, TX 76177.

Incorporation by Reference

    Class D and E airspace is 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 on an annual 
basis. This document proposes to amend the current version of that 
order, FAA Order JO 7400.11H, 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. That order 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 is proposing to amend 14 CFR part 71 by:
    Modifying the Class D airspace extending upward from the surface to 
3,700 feet MSL to within a 7.1-mile (increased from 4.1-mile) radius of 
the North Central West Virginia Airport, Clarksburg, WV, excluding that 
airspace within a 1-mile radius of Wade F. Maley Field, Shinnston, WV; 
and updating the outdated terms ``Notice to Airmen'' and ``Airport 
Facility Directory'' to ``Notice to Air Missions'' and ``Chart 
Supplement'';
    Revoking the Class E airspace designated as an extension to Class D 
airspace at North Central West Virginia Airport as it is no longer 
required;
    And modifying the Class E airspace extending upward from 700 feet 
above the surface to within a 9.6-mile (increased from a 8.9-mile) 
radius of North Central West Virginia Airport.
    This FAA is proposing this action as the result of a biennial 
airspace review conducted in accordance with FAA orders, to bring the 
airspace into compliance with current FAA orders, and to support IFR 
operations at this airport.

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 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 in 
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies 
and Procedures'' prior to any FAA final regulatory action.

List 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 14 CFR 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 Clarksburg, WV [Amended]

North Central West Virginia Airport, WV
    (Lat. 39[deg]17'52'' N, long. 80[deg]13'39'' W)
Wade F. Maley Field, WV
    (Lat. 39[deg]24'22'' N, long. 80[deg]16'37'' W)

    That airspace extending upward from the surface up to and 
including 3,700 feet within a 7.1-mile radius of North Central West 
Virginia Airport excluding that airspace within a 1-mile radius of 
Wade F. Maley Field. This Class D airspace area is effective during 
specific dates and times established in advance by a Notice to Air 
Missions. The effective dates and times will thereafter be 
continuously published in the Chart Supplement.
* * * * *

Paragraph 6004 Class E Airspace Areas Designates as an Extension to 
a Class D or Class E Surface Area.

* * * * *

AEA WV E4 Clarksburg, WV [Remove]

* * * * *

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

* * * * *

AEA WV E5 Clarksburg, WV [Amended]

North Central West Virginia Airport, WV
    (Lat. 39[deg]17'52'' N, long. 80[deg]13'39'' W)

    That airspace extending upward from 700 feet above the surface 
within an 9.6-mile radius of North Central West Virginia Airport.
* * * * *


[[Page 88552]]


    Issued in Fort Worth, Texas, on December 19, 2023.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2023-28237 Filed 12-21-23; 8:45 am]
BILLING CODE 4910-13-P