
[Federal Register Volume 88, Number 185 (Tuesday, September 26, 2023)]
[Rules and Regulations]
[Pages 65794-65795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20784]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1479; Airspace Docket No. 23-ASO-26]
RIN 2120-AA66


Amendment of Class D and Class E Airspace; Palm Coast, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class D and Class E airspace extending 
upward from 700 feet above the surface for Flagler Executive Airport, 
Palm Coast, FL. This action will increase the radius, update the 
airport's geographic coordinates, and amend verbiage in the Class D 
description.

DATES: Effective 0901 UTC, November 30, 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 7400.11H 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

[[Page 65795]]

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 
and Class E airspace in Palm Coast, FL, to support instrument flight 
rules (IFR) operations in the area.

History

    The FAA published a notice of proposed rulemaking for Docket No. 
FAA 2023-1479 in the Federal Register (88 FR 45825; July 18, 2023), 
amending Class D and Class E airspaces extending upward from 700 feet 
above the surface for Flagler Executive Airport, Palm Coast, FL. 
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 and 6005, respectively, of FAA Order JO 7400.11, 
Airspace Designations and Reporting Points, which is incorporated by 
reference in 14 CFR 71.1 annually. This document amends the current 
version of that order, FAA Order JO 7400.11H, dated August 19, 2023, 
and effective September 15, 2023. FAA Order JO 7400.11H 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 7400.11H 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 airspace extending upward from 700 feet above the surface for 
Flagler Executive Airport, Palm Coast, FL, by increasing the Class D 
radius to 4.2 miles (previously 4.0 miles). The Class E airspace 
extending upward from 700 feet above the surface to 6.7 miles 
(previously 6.5 miles), and the geographic coordinates for this airport 
coincide with the FAA's database. This action also updates the airport 
name to Flagler Executive Airport (previously Flagler County Airport) 
and the city name to Palm Coast (previously Bunnell), as well as 
replacing the terms Notice to Airmen with Notice to Air Missions and 
Airport/Facility Directory with Chart Supplement in the Class D 
airspace description. Controlled airspace is necessary for the safety 
and management of 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 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 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 
7400.11H, Airspace Designations and Reporting Points, dated August 19, 
2023, and effective September 15, 2023, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASO FL D Palm Coast, FL [Amended]

Flagler Executive Airport, FL
    (Lat 29[deg]27'55'' N, long 81[deg]12'28'' W)

    That airspace extending upward from the surface to and including 
1,500 feet MSL within a 4.2-mile radius of the Flagler Executive 
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 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 FL E5 Palm Coast, FL [Amended]

Flagler Executive Airport, FL
    (Lat 29[deg]27'55'' N, long 81[deg]12'28'' W)

    That airspace extending upward from 700 feet above the surface 
within a 6.7-mile radius of Flagler Executive Airport.
* * * * *

    Issued in College Park, Georgia, on September 20, 2023.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2023-20784 Filed 9-25-23; 8:45 am]
BILLING CODE 4910-13-P


