[Federal Register Volume 88, Number 77 (Friday, April 21, 2023)]
[Rules and Regulations]
[Pages 24474-24475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08395]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1680; Airspace Docket No. 22-ASO-30]
RIN 2120-AA66


Revocation of Class E Airspace; Liberty, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revokes Class E airspace extending upward from 700 
feet above the surface for Causey Airport, Liberty, NC, as all 
instrument approaches to the airport have been canceled.

DATES: Effective 0901 UTC, August 10, 2023. The Director of the Federal 
Register approves this incorporation by reference action under 1 CFR 
part 51, subject to the annual revision of FAA Order JO 7400.11 and 
publication of conforming amendments.

ADDRESSES: A copy of the NPRM, all comments received, this final rule, 
and all background material may be viewed online at www.regulations.gov 
using the FAA Docket number. Electronic retrieval helps and guidelines 
are available on the website. It is available 24 hours a day, 365 days 
a year. An electronic copy of this document may also be downloaded from 
the Office of the Federal Register's website at 
www.federalregister.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/. 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 removes airspace in Liberty, NC, as IFR operations no longer 
exist for Causey Airport.

History

    The FAA published a notice of proposed rulemaking for Docket No. 
FAA-2022-1680 in the Federal Register (88 FR 7654, February 6, 2023), 
to remove Class E airspace extending upward from 700 feet above the 
surface for Causey Airport, Liberty, NC, as all instrument approaches 
to the airport have been canceled.
    Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal to the FAA. No 
comments were received.
    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 subsequently be 
published in FAA Order JO 7400.11.

Incorporation by Reference

    Class E airspace designations are published in Paragraph 6005 of 
FAA Order JO 7400.11, Airspace Designations and Reporting Points, 
incorporated by reference in 14 CFR 71.1 annually. This document amends 
the current version of that order, FAA Order JO 7400.11G, dated August 
19, 2022, and effective September 15, 2022. These updates will 
subsequently be published in the next update to FAA Order JO 7400.11. 
FAA Order JO 7400.11G is publicly available as listed in the ADDRESSES 
section of this document. These amendments will be published in the 
next update to FAA Order JO 7400.11.
    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas, 
air traffic routes, and reporting points.

[[Page 24475]]

The Rule

    This action amends 14 CFR part 71 by removing Class E airspace 
extending upward from 700 feet above the surface for Causey Airport, 
Liberty, NC, as there are no longer any instrument approaches into the 
airport. Therefore, Class E airspace is no longer needed.

Regulatory Notices and Analyses

    The FAA has determined that this 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 minimal. Since 
this is a routine matter that only affects air traffic procedures and 
air navigation, it is certified that this rule, when promulgated, does 
not have a significant economic impact on a substantial number of small 
entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1F, ``Environmental Impacts: Policies and 
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to 
cause any potentially significant environmental impacts, and no 
extraordinary circumstances warrant the preparation of an environmental 
assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 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 
7400.11G, 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 Liberty, NC [Revoked]

     Issued in College Park, Georgia, on April 17, 2023.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2023-08395 Filed 4-20-23; 8:45 am]
BILLING CODE 4910-13-P


