
[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Proposed Rules]
[Pages 88854-88856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28308]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-2360; Airspace Docket No. 23-AEA-24]
RIN 2120-AA66


Amendment of Class D and Class E Airspace; Huntington, WV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class D airspace and E airspace 
extending upward from 700 feet above the surface for Tri-State/Milton 
J. Ferguson Field, Huntington, WV, and removes unnecessary verbiage 
from the descriptor header.

DATES: Comments must be received on or before February 9, 2024.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-2360 and 
Airspace Docket No. 23-AEA-24 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow 
the online instructions to send your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department 
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West 
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in 
Room W12-140 of the West Building Ground Floor at 1200 New Jersey 
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except for Federal holidays.
    * Fax: Fax comments to Docket Operations at (202) 493-2251.
    Docket: Background documents or comments received may be read at 
www.regulations.gov anytime. Follow the online instructions for 
accessing the docket or go to the Docket Operations in Room W12-140 of 
the West Building

[[Page 88855]]

Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except for Federal holidays.
    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: Justin T. Rhodes, Operations Support 
Group, Eastern Service Center, Federal Aviation Administration, 1701 
Columbia Avenue, College Park, GA 30337; Telephone: (404) 305-5478.

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 would amend Class D and E airspace in Huntington, WV. An airspace 
evaluation determined that this update is necessary to support IFR 
operations in the area.

Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. Comments are 
specifically invited on the proposal's overall regulatory, 
aeronautical, economic, environmental, and energy-related aspects. The 
most helpful comments reference a specific portion of the proposal, 
explain the reason for any recommended change, and include supporting 
data. To ensure the docket does not contain duplicate comments, 
commenters should submit only once if comments are filed 
electronically, or commenters should send only one copy of written 
comments if comments are filed in writing.
    The FAA will file in the docket all comments it receives and a 
report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. Before acting on this proposal, 
the FAA will consider all comments it receives on or before the closing 
date for comments. The FAA will consider comments filed after the 
comment period has closed if it is possible without incurring expense 
or delay. The FAA may change this proposal in light of the comments it 
receives.
    Privacy: In accordance with 5 U.S.C. 553(c), the DOT solicits 
comments from the public to improve its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the 
internet at www.regulations.gov. Recently published rulemaking 
documents can be accessed through the FAA's web page at www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any 
comments received, and any final disposition in person in the Dockets 
Office (see ADDRESSES section for address and phone number) between 
9:00 a.m. and 5:00 p.m., Monday through Friday, except for Federal 
holidays. An informal docket may also be examined between 8:00 a.m. and 
4:30 p.m., Monday through Friday, except on federal holidays at the 
office of the Eastern Service Center, Federal Aviation Administration, 
Room 350, 1701 Columbia Avenue, College Park, GA 30337.

Incorporation by Reference

    Class D and Class E airspace designations are published in 
Paragraphs 5000 and 6005 of FAA Order JO 7400.11, Airspace Designations 
and Reporting Points, which is incorporated by reference in 14 CFR 71.1 
annually. This document proposes to amend the current version of that 
order, FAA Order JO 7400.11H, dated August 11, 2023, effective 
September 15, 2023. These updates will be published in the next FAA 
Order JO 7400.11 update. That order is publicly available as listed in 
the ADDRESSES section of this document.
    FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas, 
air traffic service routes, and reporting points.

The Proposal

    The FAA proposes an amendment to 14 CFR part 71 to amend Class D 
airspace by adding that airspace extending upward from the surface 
within 1 mile on each side of the Tri-State/Milton J. Ferguson Field 
112[deg] bearing extending from the 4-mile radius to 5.7 southeast of 
the airport and 292[deg] bearing from the airport extending from the 4-
mile radius to 5.8 miles northwest of the airport.
    The Class E airspace extending from 700 feet above the surface 
would be amended by increasing the radius to 8.3 miles (previously 8.2 
miles) and adding that airspace within 2 miles on each side of the Tri-
State/Milton J. Ferguson Field 112[deg] bearing extending from the 8.3-
mile radius to 10.2 miles southeast of the airport.
    The Tri-State/Milton J. Ferguson Field Class D and Class E airspace 
would be amended, in accordance with the 7400.2, by removing the city 
name from the descriptor header.
    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 proposed 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 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

    This proposal will be subject to an environmental analysis per FAA 
Order 1050.1F, ``Environmental Impacts: Policies and Procedures,'' 
before any FAA final regulatory action.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 14 CFR part 71 as follows:

[[Page 88856]]

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.

* * * * *

AEA WV D, Huntington, WV [Amended]

Tri-State/Milton J. Ferguson Field, WV
    (Lat. 38[deg]22'00'' N, long. 82[deg]33'29'' W)

    That airspace extending upward from the surface to and including 
3,400 feet MSL within a 4-mile radius of Tri-State/Milton J. 
Ferguson Field and 1 mile each side of the airport's 292[deg] 
bearing extending from the 4-mile radius to 5.8 miles northwest of 
the airport and 1 mile each side of the airport's 112[deg] bearing 
extending from the 4-mile radius to 5.7 miles southeast of the 
airport.
* * * * *

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

* * * * *

AEA WV E5, Huntington, WV [Amended]

Tri-State/Milton J. Ferguson Field, WV
    (Lat. 38[deg]22'01'' N, long. 82[deg]33'31'' W)

    That airspace extending upward from 700 feet above the surface 
within an 8.3-mile radius of the Tri-State/Milton J Ferguson Field 
Airport and 2 miles on each side of the airport's 112[deg] bearing 
extending from the 8.3-mile radius to 10.2 miles southeast of the 
airport.
* * * * *

    Issued in College Park, Georgia, on December 18, 2023.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2023-28308 Filed 12-22-23; 8:45 am]
BILLING CODE 4910-13-P


