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 E2 airspace in Wilmington, DE.

History

The FAA published an NPRM for Docket No. FAA-2026-1256 in the Federal Register (91 FR 7186; February 17, 2026), proposing to amend Class D and Class E2 airspace above Wilmington, DE. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. One comment was received that summarized the proposal, identified perceived advantages and disadvantages, and concluded with a statement of support.

Incorporation by Reference

Class D and Class E2 airspace designations are published in paragraphs 5000 and 6002 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 latest version of that order, FAA Order JO 7400.11K, dated August 4, 2025, and effective September 15, 2025. These amendments will be published in the next update to FAA Order JO 7400.11. FAA Order JO 7400.11K, which lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points, is publicly available as listed in the ADDRESSES section of this document.

The Rule

This action amends 14 CFR part 71 by modifying both the Class D airspace and Class E2 airspace for New Castle Airport, Wilmington, DE. Controlled airspace is necessary for the safety and management of IFR operations in the area for existing instrument approach procedures. A review of the preexisting airspace revealed a need for a modification to the lateral dimensions. This action adds an arrival extension to the north to encompass IFR operations on the RNAV RWY 19 approach to Newcastle Airport. Prior to this final rule, the 1,000 ft. above ground level (AGL) point on the arrival was outside the basic radius of the Class D/E2 (3.72 NM from the arrival runway threshold), so a .2 NM extension was required.

Specifically, this action increases the lateral dimensions of the Wilmington, DE Class D airspace, serving New Castle Airport, from a 4.2-mile radius of the airport to a 4.2-mile radius of the airport, and within 1 mile each side of the 008° bearing from the airport extending from the 4.2-mile radius to 4.4 miles north of the airport.

This action also increases the lateral dimensions of the Wilmington, DE Class E2 airspace, serving New Castle Airport, from a 4.2-mile radius of the airport to a 4.2-mile radius of the airport, and within 1 mile each side of the 008° bearing from the airport extending from the 4.2-mile radius to 4.4 miles north of the airport.

This action also updates the language in both the Class D and Class E2 airspace legal descriptions for Wilmington, DE by changing “Notice to Air Missions” to “Notice to Airmen.” This change brings the airspace legal descriptions into compliance with current FAA directives.

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 Order 2100.6B, “Rulemaking and Guidance Procedure” (March 10, 2025); 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, 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 1050.1G, “FAA National Environmental Policy Act Implementing Procedures” paragraph B-2.5(a). 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.

The Amendment

In consideration of the foregoing, the Federal Aviation Administration amends 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 7400.11K, ( printed page 20581) Airspace Designations and Reporting Points, dated August 4, 2025, and effective September 15, 2025, is amended as follows:

Paragraph 5000  Class D Airspace.

AEA DE D  Wilmington, DE [Amended]

New Castle Airport, DE

(Lat. 39°40′43″ N, long. 75°36′24″ W)

That airspace extending upward from the surface to and including 2,600 feet MSL within a 4.2-mile radius of the New Castle Airport, and within 1 mile each side of the 008° bearing from the airport extending from the 4.2-mile radius to 4.4 miles north of the airport. 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 Airspace Areas Designated as Surface Areas.

AEA DE E2  Wilmington, DE [Amended]

New Castle Airport, DE

(Lat. 39°40′43″ N, long. 75°36′24″ W)

That airspace extending upward from the surface within a 4.2-mile radius of the New Castle Airport, and within 1 mile each side of the 008° bearing from the airport extending from the 4.2-mile radius to 4.4 miles north of the airport. 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.

91 FR 20579