[Federal Register Volume 87, Number 216 (Wednesday, November 9, 2022)]
[Proposed Rules]
[Pages 67584-67586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24348]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1333; Airspace Docket No. 22-ASO-24]
RIN 2120-AA66


Proposed Amendment of Class D and Class E Airspace; Athens/Ben 
Epps Airport, Athens, GA

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 
surface airspace, and Class E airspace designated as an extension to a 
Class D surface area and Class E airspace extending upward from 700 
feet above the surface at Athens/Ben Epps Airport, Athens, GA as a 
result of the biennial airspace evaluation. This action would eliminate 
the excess airspace remaining after the decommissioning of the Bulldog 
Non-Directional Beacon (NDB) and subsequent cancellation of the NDB 
Runway 27 approach to Athens/Ben Epps Airport effective October 15, 
2015, as well as update the geographic coordinates for the airport and 
the point-of-origin. 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 27, 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-2022-1333; Airspace Docket No. 22-ASO-24 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, you can contact the 
Airspace Policy Group, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; Telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Jennifer Ledford, Operations Support 
Group, Eastern Service Center, Federal Aviation Administration, 1701 
Columbia Avenue, College Park, GA 30337; Telephone: (404) 305-5946.

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 for Athens/Ben Epps Airport, Athens, GA, to 
support IFR operations in the area.

Comments Invited

    Interested persons are invited to comment on this proposed 
rulemaking

[[Page 67585]]

by submitting such written data, views, or arguments as they may 
desire. Comments that provide the 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-
2022-1333 and Airspace Docket No. 22-ASO-24) 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-2022-1333; Airspace Docket No. 22-ASO-24.'' The postcard 
will be dated/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 both 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 for Athens/Ben Epps Airport by extending the airspace from a 
4-mile radius to a 4.6-mile radius surrounding the airport, and by 
updating the airport's geographic coordinates to coincide with the 
FAA's database. Also, Class E surface airspace, extension to Class D 
airspace, and transition airspace would be amended for the above 
airport. Class E surface airspace for Athens/Ben Epps Airport would be 
amended by extending the airspace from a -4-mile radius to a 4.6-mile 
radius surrounding the airport. The Class E airspace used for an 
extension to Class D will be reduced from 3 miles to 2.4 miles on each 
side of the Athens Point of Origin 195[deg] bearing extending from the 
4.6-mile radius of the Athens/Ben Epps Airport to 7.6 miles south of 
the Point of Origin and will be reduced from 3 miles to 1.4 miles each 
side of the Athens Point of Origin 076[deg] bearing extending from the 
4.6-mile radius of the airport to 7 miles east of the Point of Origin. 
The Class E5 transition airspace extending upward from 700 feet above 
the surface would be amended to within a 7.7-mile radius of Athens/Ben 
Epps Airport (reduced from an 11.5-mile radius). This eliminates the 
excess airspace that remained after the decommissioning of the Bulldog 
(BJT) non-directional beacon (NDB) and subsequent cancellation of the 
NDB Rwy 27 approach, effective October 15, 2015 (80 FR 61978). 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 airspace descriptions. This action 
is replacing the VORTAC used for airspace definition with a point-of-
origin.
    Class D and E airspace designations are published in Paragraphs 
5000, 6002, 6004, 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 Class E 
airspace designations listed in this document will be published 
subsequently 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 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 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

[[Page 67586]]

effective September 15, 2022, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASO GA D Athens, GA [Amended]

Athens/Ben Epps Airport, Athens, GA
    (Lat. 33[deg]56'55'' N, long. 83[deg]19'33'' W)

    That airspace extending upward from the surface to and including 
3,300 feet MSL within a 4.6-mile radius of the Athens/Ben Epps 
Airport. This Class D airspace area is effective during the 
specified 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.

* * * * *

ASO GA E2 Athens, GA [Amended]

Athens/Ben Epps Airport, Athens, GA
    (Lat. 33[deg]56'55'' N, long. 83[deg]19'33'' W)

    That airspace extending upward from the surface within a 4.6-
mile radius of the Athens/Ben Epps 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.

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

* * * * *

ASO GA E4 Athens, GA [Amended]

Athens/Ben Epps Airport, Athens, GA
    (Lat. 33[deg]56'55'' N, long. 83[deg]19'33'' W)

(Athens Point of Origin)
    (Lat. 33[deg]56'51'' N, long 83[deg]19'29'' W)

    That airspace extending upward from the surface within 2.4 miles 
on each side of the Athens Point of Origin 195[deg] bearing 
extending from the 4.6-mile radius of the Athens/Ben Epps Airport to 
7.6 miles south of the Point of Origin, and within 1.4 miles each 
side of the Athens Point of Origin 076[deg] bearing extending from 
the 4.6-mile radius of the airport to 7 miles east of the Point of 
Origin. 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.

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

* * * * *

ASO GA E5 Athens, GA [Amended]

Athens/Ben Epps Airport, GA
    (Lat. 33[deg]56'55'' N, long. 83[deg]19'33'' W)

    That airspace extending upward from 700 feet above the surface 
within a 7.7-mile radius of Athens/Ben Epps Airport.

    Issued in College Park, Georgia, on November 2, 2022.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2022-24348 Filed 11-8-22; 8:45 am]
BILLING CODE 4910-13-P


