[Federal Register Volume 87, Number 214 (Monday, November 7, 2022)]
[Proposed Rules]
[Pages 66974-66975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24018]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1347; Airspace Docket No. 22-ASO-25]
RIN 2120-AA66


Proposed Amendment of Class E Airspace; 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 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. Additionally, the geographic coordinates of Fiddlers NDB 
would be updated. Also, Grace Hospital would be removed from the 
descriptor, as all instrument approaches into the hospital have been 
canceled. 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 22, 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 the 
Docket No. FAA-2022-1347; Airspace Docket No. 22-ASO-25 at the 
beginning of your comments. You may also submit comments through the 
internet at https://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: 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 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 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-
2022-1347 and Airspace Docket No. 22-ASO-25) 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 https://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-2022-1347; Airspace Docket No. 22-ASO-25.'' 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 https://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's web page at https://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 federal 
holidays. An informal docket may also be examined between 8:00 a.m. and 
4:30 p.m., Monday through Friday, except 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 E 
airspace extending upward from 700 feet above the surface for Foothills

[[Page 66975]]

Regional Airport (formerly Morganton-Lenoir Airport), Morganton, NC, by 
updating the airport's name and geographic coordinates. This action 
would also update the Fiddlers NDB geographic coordinates to coincide 
with the FAA's database and remove Grace Hospital from the descriptor, 
as instrument approaches no longer exist for the hospital. Also, 
reference to Hickory, NC, Class E airspace would be removed, as the 
airspace is shared.
    Class E airspace designations are published in Paragraph 6005 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 
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.

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 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]42'61'' N, long. 81[deg]40'28'' W)

    That airspace extending upward from 700 feet or more 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 28, 2022.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2022-24018 Filed 11-4-22; 8:45 am]
BILLING CODE 4910-13-P


