[Federal Register Volume 88, Number 97 (Friday, May 19, 2023)]
[Rules and Regulations]
[Pages 32094-32095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10694]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0824; Airspace Docket No. 23-ASO-14]
RIN 2120-AA66


Amendment of Class D and Class E Airspace; Albemarle, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action makes administrative changes to the description of 
the Class D airspace and Class E airspace extending upward from 700 
feet above the surface for Stanly County Airport, Albemarle, NC. This 
action does not change the airspace boundaries or operating 
requirements.

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: FAA Order JO 7400.11G, Airspace Designations and Reporting 
Points, and subsequent amendments 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

[[Page 32095]]

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 update is an administrative change and does not change 
the airspace boundaries or operating requirements.

Incorporation by Reference

    Class D and E airspace designations are published in paragraphs 
5000 and 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. 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 amendment to 14 CFR part 71 amends Class D airspace and Class 
E airspace extending upward from 700 feet above the surface for Stanly 
County Airport, Albemarle, NC, by updating the geographic coordinates 
for this airport to coincide with the FAA's database. This action would 
also replace Notice to Airmen with Notice to Air Missions and Airport/
Facility Directory with Chart Supplement in the Class D airspace 
description. This action is an administrative change and does not 
affect the airspace boundaries or operating requirements; therefore, 
notice and public procedure under 5 U.S.C. 553(b) is unnecessary.

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 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

    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 5-6.5.a. This airspace action is not expected 
to cause any potentially significant environmental impacts, and no 
extraordinary circumstances exist that warrant 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 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 Albemarle, NC [Amended]

Stanly County Airport, NC
    (Lat. 35[deg]25'00'' N, long. 80[deg]09'03'' W)

    That airspace extending upward from the surface to and including 
3,100 feet MSL within a 5.8-mile radius of the Stanly County Airport 
and 1.5 miles on each side of the 037[deg] degree bearing from the 
airport, extending from the 5.8-mile radius to 7.8 miles northeast 
of the 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 6005 Class E Airspace Areas Extending Upward From 700 
Feet or More Above the Surface of the Earth.

* * * * *

ASO NC E5 Albemarle, NC [Amended]

Stanly County Airport, NC
    (Lat. 35[deg]25'00'' N, long. 80[deg]09'03'' W)

    That airspace extending upward from 700 feet above the surface 
within an 8-mile radius of Stanly County Airport.
* * * * *

    Issued in College Park, Georgia, on May 15, 2023.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2023-10694 Filed 5-18-23; 8:45 am]
BILLING CODE 4910-13-P


