[4910-13]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2024-1614; Airspace Docket No. 24-AEA-9]
RIN 2120-AA66
Amendment of Class D Airspace; Martinsburg, WV
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
SUMMARY: This action proposes to amend Class D airspace extending upward from
the surface to and including 3,100 feet MSL within a 4.2-mile radius of Eastern West
Virginia Regional /Shepherd Field Airport by updating the airport coordinates and

description formatting to comply with FAA Orders and databases. This action would
not change the airspace boundaries or operating requirements.
DATES: Comments must be received on or before [INSERT DATE 45 DAYS AFTER
THE DATE OF PUBLICATION IN THE FEDERAL REGISTER].
ADDRESSES: Send comments identified by FAA Docket No. FAA-2024-1614 and
Airspace Docket No. 24-AEA-9
using any of the following methods:
* Federal eRulemaking Portal: Go to www.regulations.gov and follow the online
instructions for sending 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 at any time. Follow the online instructions for accessing the
docket or go to the 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.
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: Joseph Kann, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701 Columbia
Avenue, College Park, GA 30337; Telephone: (404) 305-5576.
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 airspace in Martinsburg, 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
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 USC 553(c), DOT solicits comments from the
public to better inform 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 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 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 airspace designations are published in Paragraph 5000 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 7400.11H, dated August 11, 2023, and
effective September 15, 2023. 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 7400.11 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
extending upward from the surface to and including 3,100 feet MSL within a 4.2-mile
radius of Eastern West Virginia Regional /Shepherd Field Airport by updating the airport

coordinates and formatting to comply with FAA Orders and databases. The legal

description was updated by referencing “Notice to Air Missions” (previously “Notice to
Airmen”) and “Chart Supplement” (previously “Airport/Facility Directory”). This
action would not change the airspace boundaries or operating requirements.
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.
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:

PART 71 - DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS;
AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS
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.
§ 71.1 [Amended]
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.
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AEA WV D Martinsburg, WV
Eastern West Virginia Regional/Shepherd Field Airport, WV
(lat 39°24'08"N, long 77°58'59"W)
That airspace extending upward from the surface to and including 3,100 feet MSL within a
4.2-mile radius of Eastern West Virginia Regional /Shepherd Field Airport. This Class D
airspace area is effective during the specific dates and times established in advance by a
Notice to Air Mission. The effective date and time will thereafter be continuously published
in the Chart Supplement.

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Issued in College Park, Georgia, on June 6, 2024

PATRICK YOUNG,
Manager, Airspace & Procedures Team North,
Eastern Service Center, Air Traffic Organization.

[FR Doc. 2024-12977 Filed: 6/14/2024 8:45 am; Publication Date: 6/17/2024]