[Federal Register Volume 87, Number 208 (Friday, October 28, 2022)]
[Proposed Rules]
[Pages 65178-65180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22901]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1232; Airspace Docket No. 22-ASO-19]
RIN 2120-AA66


Proposed Amendment of Class D and E Airspace; Hickory and 
Morganton, NC

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 and Class E 
surface airspace for Hickory Regional Airport, Hickory, NC, as runways 
one and nineteen have been permanently closed. This action would also 
amend Class E airspace extending upward from 700 feet above the surface 
for Foothills Regional Airport, Morganton, NC, by updating the 
airport's name and geographic coordinates and removing Grace Hospital 
from the description.

[[Page 65179]]

Controlled airspace is necessary for the safety and management of 
instrument flight rules (IFR) operations in the area.

DATES: Comments must be received on or before December 12, 2022.

ADDRESSES: Send comments on this proposal to: the U.S. Department of 
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West 
Building, Ground Floor, Room W12-140, Washington, DC 20590-0001; 
Telephone: (800) 647-5527, or (202) 366-9826. You must identify Docket 
No. FAA-2022-1232; Airspace Docket No. 22-ASO-19 at the beginning of 
your comments. You may also submit comments through the internet at 
www.regulations.gov.
    FAA Order JO 7400.11G Airspace Designations and Reporting Points 
and subsequent amendments can be viewed 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 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 airspace in Hickory and Morganton, NC, to support IFR 
operations in the area.

Comments Invited

    Interested persons are invited to comment on this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments that provide a factual basis supporting the views 
and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (Docket No. FAA-
2021-1232 and Airspace Docket No. 22-ASO-19) and be submitted in 
triplicate to DOT Docket Operations (see ADDRESSES section for the 
address and phone number). You may also submit comments through the 
internet at www.regulations.gov.
    Persons wishing the FAA to acknowledge receipt of their comments on 
this action must submit with those comments a self-addressed stamped 
postcard on which the following statement is made: ``Comments to FAA 
Docket No. FAA-2021-1232; Airspace Docket No. 22-ASO-19.'' The postcard 
will be date/time stamped and returned to the commenter.
    All communications received before the specified closing date for 
comments will be considered before taking action on the proposed rule. 
The proposal contained in this document may be changed in light of the 
comments received. All comments submitted will be available for 
examination in the public docket before and after the comment closing 
date. A report summarizing each substantive public contact with FAA 
personnel concerned with this rulemaking will be filed in the docket.

Availability of NPRMs

    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 address and phone number) between 
9:00 a.m. and 5:00 p.m., Monday through Friday, except on federal 
holidays. An informal docket may also be examined between 8:00 a.m. and 
4:30 p.m., Monday through Friday, except for federal holidays at the 
office of the Eastern Service Center, Federal Aviation Administration, 
Room 350, 1701 Columbia Avenue, College Park, GA 30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11G, Airspace 
Designations and Reporting Points, dated August 19, 2022, and effective 
September 15, 2022. 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 amend Class D 
airspace and Class E surface airspace for Hickory Regional Airport, 
Hickory, NC, as runways one and nineteen have been permanently closed. 
In addition, this action would replace the outdated terms Airport/
Facility Directory with the term Chart Supplement and Notice to Airmen 
with the term Notice to Air Missions in the appropriate airspace 
descriptions.
    This action would also amend Class E airspace extending upward from 
700 feet above the surface for Foothills Regional Airport (formerly 
Morganton-Lenoir Airport), Morganton, NC, by updating the airport's 
name and geographic coordinates, as well as removing Grace Hospital 
Heliport from the description, as the heliport no longer has instrument 
approaches. Controlled airspace is necessary for the safety and 
management of instrument flight rules (IFR) operations in the area.
    Class D and E airspace designations are published in Paragraphs 
5000, 6002, and 6005, respectively, of FAA Order JO 7400.11G, dated 
August 19, 2022, and effective September 15, 2022, which is 
incorporated by reference in 14 CFR 71.1. The Class D and E airspace 
designations listed in this document will subsequently be published in 
FAA Order JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points is 
published yearly and effective on September 15.

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

[[Page 65180]]

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.

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 Federal Aviation 
Administration 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 NC D Hickory, NC [Amended]

Hickory Regional Airport, NC
    (Lat. 35[deg]44'28'' N, long. 81[deg]23'22'' W)

    That airspace extending upward from the surface to and including 
3,700 feet MSL within a 4.1-mile radius of Hickory Regional Airport. 
This Class D airspace is effective during the specific days and 
times established in advance by a Notice to Air Missions. The 
effective days and times will thereafter be continuously published 
in the Chart Supplement.

Paragraph 6002 Class E Surface Airspace.

* * * * *

ASO NC E2 Hickory, NC [Amended]

Hickory Regional Airport, NC
    (Lat. 35[deg]44'28'' N, long. 81[deg]23'22'' W)

    That airspace extending upward from the surface within a 4.1-
mile radius of Hickory Regional Airport. This Class E airspace is 
effective during the specific days and times established in advance 
by a Notice to Air Missions. The effective days and times will 
thereafter 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 NC E5 Morganton, NC [Amended]

Foothills Regional Airport, NC
    (Lat. 35[deg]49'13'' N, long. 81[deg]36'41'' W)
Fiddlers NDB
    (Lat. 35[deg]42'37'' N, long. 81[deg]40'17'' W)

    That airspace extending upward from 700 feet above the surface 
within a 9.5-mile radius of the Foothills Regional Airport and 
within 2.5 miles each side of the 205[deg] bearing from Fiddlers 
NDB, extending from the 9.5-mile radius to 7 miles southwest of the 
NDB.

    Issued in College Park, Georgia, on October 18, 2022.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2022-22901 Filed 10-27-22; 8:45 am]
BILLING CODE 4910-13-P


