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, establish Class E2, revoke Class E4, and amend Class E5 airspace in Dover, DE.

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 overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. 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 one time 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, as well as 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 to do so 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), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edits, 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 also 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 Operations office (see ADDRESSES section for address, phone number, and hours of operations). An informal docket may also be examined during regular business hours at the office of the Eastern Service Center, Federal Aviation Administration, Room 210, 1701 Columbia Ave., College Park, GA 30337.

Incorporation by Reference

Class D and Class E airspace designations are published in paragraphs 5000, 6002, 6004, 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 proposes to amend the current version of that order, FAA Order JO 7400.11J, dated July 31, 2024, and effective September 15, 2024. These updates will be published in the next update to FAA Order JO 7400.11. That order is publicly available as listed in the ADDRESSES section of this document.

FAA Order JO 7400.11J lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

The Proposal

This action proposes an amendment to 14 CFR part 71 to amend Class D and E airspace, establish Class E airspace, and revoke Class E airspace for Dover AFB, Dover, DE.

This action proposes to amend the Class D airspace extending upward from the surface to and including 2,500 feet MSL for Dover AFB (DOV), Dover, DE, by increasing it to a 4.9-mile radius as the current radius of 4.6-miles does not properly contain instrument flight rules operations. Additionally, this proposes to amend the Class D airspace as the air traffic control tower will no longer be full-time by establishing Class E airspace that will be effective when the control tower is closed.

Accordingly, the action proposes to establish Class E surface airspace extending upward from the surface within a 4.9-mile radius of Dover AFB.

This action proposes to revoke Class E airspace extending upward from the surface within 2.7 miles each side of the Dover TACAN 177° radial extending from the 4.6-mile radius of Dover AFB to 5.7 miles south of the TACAN and within 2.7 miles each side of the Dover TACAN 013° radial extending from the 4.6-mile radius of the airport to 5.7 miles north of the TACAN and within 2.7 miles each side of the Dover TACAN 133° radial extending from the 4.6-mile radius of the airport to 5.7 miles southeast of the TACAN. This airspace no longer meets the requirements for its specific designation due to the amendment or cancellation of Standard Instrument Approach Procedures.

This action proposes to amend Class E airspace extending upward from 700 feet above the surface for Dover AFB, Dover, DE, due to the current configuration no longer meeting the ( printed page 24362) requirements for its specific designation due to the amendment or cancellation of Standard Instrument Approach Procedures. The reconfiguration would remove that E airspace extending upward from 700 feet above the surface within 3.1 miles each side of the Dover TACAN 177° radial extending from the 7.9-mile radius to 9.2 miles south of the TACAN and the Dover TACAN 133° radial extending from the 7.9-mile radius to 9.2 miles southeast of the TACAN, leaving only the airspace within a 7.9-mile radius of Dover AFB and within a 6.3-mile radius of the Delaware Airpark and within 5.7 miles north and 4 miles south of the Smyrna VORTAC 078° radial extending from the 6.3-mile radius of Delaware Airpark to 10 miles east of the VORTAC.

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 in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures,” prior to any final regulatory action by the FAA.

The Proposed Amendment

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

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.

2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 7400.11J, Airspace Designations and Reporting Points, dated July 31, 2024, and effective September 15, 2024, is amended as follows:

Paragraph 5000 Class D Airspace.

AEA DE D Dover, DE [Amended]

Dover AFB, DE

(Lat. 39°07′46″ N, long. 75°27′57″ W)

That airspace extending upward from the surface to and including 2,500 feet MSL within a 4.9-mile radius of Dover AFB. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Chart Supplement.

Paragraph 6002 Class E Surface Airspace.

AEA DE E2 Dover, DE [New]

Dover AFB, DE

(Lat. 39°07′46″ N, long. 75°27′57″ W)

That airspace extending upward from the surface within a 4.9-mile radius of Dover AFB. This Class E airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Chart Supplement.

Paragraph 6004 Class E Airspace Designated as an Extension to a Class D Surface Area.

AEA DE E4 Dover, DE [Remove]

Dover AFB, DE

(Lat. 39°07′48″ N, long. 75°27′59″ W)

Dover TACAN

(Lat. 39°07′54″ N, long. 75°28′05″ W)

Paragraph 6005 Class E Airspace.

AEA DE E5 Dover, DE [Amended]

Dover AFB, DE

(Lat. 39°7′46″ N, long. 75°27′57″ W)

Smyrna VORTAC

(Lat. 39°13′54″ N, long. 75°30′57″ W)

Delaware Airpark, DE

(Lat. 39°13′07″ N, long. 75°36′02″ W)

That airspace extending upward from 700 feet above the surface within a 7.9-mile radius of Dover AFB and within a 6.3-mile radius of the Delaware Airpark and within 5.7 miles north and 4 miles south of the Smyrna VORTAC 078° radial extending from the 6.3-mile radius of Delaware Airpark to 10 miles east of the VORTAC.