
[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Rules and Regulations]
[Pages 76655-76656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24543]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1780; Airspace Docket No. 23-ASO-35]
RIN 2120-AA66


Revocation of Class D and Class E Airspace; Milton, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action removes Class D airspace, Class E surface 
airspace, and Class E airspace extending upward from 700 feet above the 
surface for Choctaw NOLF, Milton, FL.

DATES: Effective 0901 UTC, January 25, 2024. 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, 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 Class D and Class E airspace in Milton, FL. The FAA 
determined that this update is necessary to support operations in the 
area due to the closing of the air traffic control tower and 
cancellation of all instrument approaches.

History

    The FAA published a notice of proposed rulemaking for Docket No. 
FAA 2023-1780 in the Federal Register (88 FR 60910; September 6, 2023), 
removing Class D airspace, Class E surface airspace, and Class E 
airspace extending upward from 700 feet above the surface for Choctaw 
NOLF, Milton, FL, as the air traffic control tower has closed, and all 
instrument approaches 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.

Incorporation by Reference

    Class D and Class E airspace designations are published in 
Paragraphs 5000, 6002, and 6005, respectively, 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 7400.11H, dated August 11, 
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 FAA Order JO 7400.11 
update.
    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 removing Class D airspace, 
Class E surface airspace, and Class E airspace extending upward from 
700 feet above the surface for Choctaw NOLF, Milton, FL, due to the 
closing of the air traffic control tower, and cancellation of all 
instrument approaches. Controlled airspace 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

[[Page 76656]]

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 11, 
2023, and effective September 15, 2023, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASO FL D Milton, FL [Removed]

* * * * *

Paragraph 6002 Class E Surface Airspace.

* * * * *

ASO FL E2 Milton, FL [Removed]

* * * * *

Paragraph 6005 Class E Airspace Areas Extending Upward From 700 
Feet or More Above the Surface of the Earth.

* * * * *

ASO FL E5 Choctaw Outlying Field, FL [Removed]

* * * * *

ASO FL E5 Milton, FL [Removed]

* * * * *

    Issued in College Park, Georgia, on November 1, 2023.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2023-24543 Filed 11-6-23; 8:45 am]
BILLING CODE 4910-13-P


