[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Rules and Regulations]
[Pages 29538-29539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09669]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0090; Airspace Docket No. 23-AEA-03]
RIN 2120-AA66


Amendment of Class D and Class E Airspace, and Establishment of 
Class E Airspace, Poughkeepsie, NY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class D airspace and Class E surface 
airspace and establishes Class E airspace designated as an extension to 
a Class D surface area for Hudson Valley Regional Airport, 
Poughkeepsie, NY.

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 Notice of Proposed Rulemaking (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 help and guidelines are available on the website. 
It is available 24 hours a day, 365 days a year.
    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 amends Class D airspace and Class E surface airspace and 
establishes Class E airspace designated as an extension to a Class D 
surface area for Hudson Valley Regional Airport, Poughkeepsie, NY, to 
support IFR operations in the area.

History

    The FAA published a notice of proposed rulemaking for Docket No. 
FAA 2023-0090 in the Federal Register (88 FR 14514; March 9, 2023), 
proposing to amend Class D and Class E surface airspace, as well as 
proposing to establish Class E airspace designated as an extension to a 
Class D surface area at Hudson Valley Regional Airport, Poughkeepsie, 
NY. Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal to the FAA. No 
comments were received.

Incorporation by Reference

    Class D and Class E airspace designations are published in 
Paragraphs 5000, 6002, and 6004 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 amends the current 
version of that order, 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. 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 service routes, and reporting points.

The Rule

    This action amends 14 CFR part 71 by amending Class D airspace and 
Class E surface airspace by increasing the radius to 4.4 miles 
(previously 4.0 miles). Also, this action establishes Class E airspace 
designated as an extension to a Class D surface area of 6.5 miles to 
the northeast and the southwest of Hudson Valley Regional Airport. An 
airspace evaluation determined this update is necessary for the safety 
and management of instrument flight rules (IFR) operations in the area.

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 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

[[Page 29539]]

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 FAA 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.

* * * * *

AEA NY D Poughkeepsie, NY [Amended]

Hudson Valley Regional Airport, NY
    (Lat. 41[deg]37'36'' N, long. 73[deg]53'03'' W)

    That airspace extending upward from the surface to and including 
2,700 feet MSL within a 4.4-mile radius of Hudson Valley Regional 
Airport. This Class D 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 6002 Class E Surface Airspace.

* * * * *

AEA NY E2 Poughkeepsie, NY [Amended]

Hudson Valley Regional Airport, NY
    (Lat. 41[deg]37'36'' N, long. 73[deg]53'03'' W)

    That airspace extending upward from the surface within a 4.4-
mile radius of Hudson Valley Regional Airport. This Class E airspace 
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 Is Designated as an Extension to 
Class D or Class E Surface Area.

* * * * *

AEA NY E4 Poughkeepsie, NY [Established]

Hudson Valley Regional Airport, NY
    (Lat. 41[deg]37'36'' N, long. 73[deg]53'03'' W)

    That airspace extending upward from the surface within 1.8-miles 
each side of the 051[deg] bearing of Hudson Valley Regional Airport, 
extending from the 4.4-mile radius to 6.5 miles northeast of the 
airport, and within 1.0-miles each side of the 231[deg] bearing of 
the airport, extending from the 4.4-mile radius to 6.5-miles 
southwest of the airport.
* * * * *

    Issued in College Park, Georgia, on May 2, 2023.
Lisa E. Burrows,
Manager, Airspace & Procedures Team North, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2023-09669 Filed 5-5-23; 8:45 am]
BILLING CODE 4910-13-P


