Amendment of Class D and Class E Airspace; Huntington, WV, 41306-41307 [2024-09716]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 89, Number 93 (Monday, May 13, 2024)]
[Rules and Regulations]
[Pages 41306-41307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09716]


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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: Final rule.

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SUMMARY: This action amends Class D airspace and Class 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: Effective 0901 UTC, September 5, 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 helps, 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: 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 amends Class D and Class E airspace in Huntington, WV. An 
airspace evaluation determined that this update is necessary to support 
IFR operations in the area.

History

    The FAA published a notice of proposed rulemaking for Docket No. 
FAA-2023-2360 in the Federal Register (88 FR 88854; December 26, 2023), 
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. 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 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 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 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 miles 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.
    This action amends Class E airspace extending from 700 feet above 
the surface 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 
is amended, in accordance with the 7400.2, by removing the city name 
from the descriptor header.
    Subsequent to publication, the FAA found an error in the NPRM. The 
geographic coordinates of the airport were listed incorrectly, and the 
correct coordinates are (Lat 38[deg]22'07'' N, long 82[deg]33'37'' W). 
This action corrects this error.

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 exist that warrant the preparation of an 
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

[[Page 41307]]

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.

* * * * *

AEA WV D Huntington, WV [Amended]

Tri-State/Milton J. Ferguson Field, WV (lat 38[deg]22'07'' N, long 
82[deg]33'37'' 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]22'07'' N, long 
82[deg]33'37'' 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 April 30, 2024.
Patrick Young,
Manager, Airspace & Procedures Team North, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2024-09716 Filed 5-10-24; 8:45 am]
BILLING CODE 4910-13-P