Federal Register - September 30, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration 14 CFR Part 71
Docket No. FAA20210517; Airspace Docket No. 21ACE15
RIN 2120AA66
Amendment of Class E Airspace;
Newton, KS
Federal Aviation Administration FAA, DOT.
ACTION: Final rule.
AGENCY:
This action amends the Class E airspace at Newton-City-County Airport, Newton, KS. This action is the result of an airspace review caused by the decommissioning of the Newton non-directional beacon NDB. The geographic coordinates of the airport are also being updated to coincide with the FAAs aeronautical database.
DATES: Effective 0901 UTC, December 2, 2021. The Director of the Federal Register approves this incorporation by reference action under 1 CFR 51, subject to the annual revision of FAA Order JO
7400.11 and publication of conforming amendments.
ADDRESSES: FAA Order JO 7400.11F, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at https
www.faa.gov/air_traffic/publications/.
For further information, you can contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: 202 2678783.
The Order is also available for inspection at the National Archives and Records Administration NARA. For information on the availability of FAA
Order JO 7400.11F at NARA, email:
fr.inspection@nara.gov or go to https
www.archives.gov/federal-register/cfr/
ibr-locations.html.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Claypool, Federal Aviation Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX
76177; telephone 817 2225711.
SUPPLEMENTARY INFORMATION:
LOTTER on DSK11XQN23PROD with RULES1
SUMMARY:
Authority for This Rulemaking The FAAs 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 agencys authority. This rulemaking is promulgated under the authority
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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 the Class E surface airspace and Class E
airspace extending upward from 700
feet above the surface at Newton-CityCounty Airport, Newton, KS, to support instrument flight rule operations at this airport.
History The FAA published a notice of proposed rulemaking in the Federal Register 86 FR 38245; July 20, 2021 for Docket No. FAA20210517 to amend the Class E airspace at Newton-CityCounty Airport, Newton, KS. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.
Class E airspace designations are published in paragraph 6002 and 6005, respectively, of FAA Order JO 7400.11F, dated August 10, 2021, and effective September 15, 2021, which is incorporated by reference in 14 CFR
71.1. The Class E airspace designations listed in this document will be published subsequently in the Order.
Availability and Summary of Documents for Incorporation by Reference This document amends FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10, 2021, and effective September 15, 2021.
FAA Order JO 7400.11F is publicly available as listed in the ADDRESSES
section of this document. FAA Order JO
7400.11F lists Class A, B, C, D, and E
airspace areas, air traffic service routes, and reporting points.
The Rule This amendment to 14 CFR part 71:
Amends the Class E surface airspace at Newton-City-County Airport, Newton, KS by removing the Newton NDB and associated extensions from the airspace legal description;
And amends the Class E airspace extending upward from 700 feet above the surface to within a 6.7-mile reduced from a 6.8-mile radius of Newton-CityCounty Airport; removes the Newton NDB and associated extension from the airspace legal description; and updates the geographic coordinates of the airport to coincide with the FAAs aeronautical database.
This action is due to an airspace review caused by the decommissioning
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of the Newton NDB which provided navigation information for the instrument procedures this airport.
FAA Order JO 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15.
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, is non-controversial and unlikely to result in adverse or negative comments. 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 so 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 56.5.a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment.
Lists of Subjects in 14 CFR 71
Airspace, Incorporation by reference, Navigation air.
Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows:
PART 71DESIGNATION 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. 106f, 106g; 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 19591963 Comp., p. 389.
71.1
Amended
2. The incorporation by reference in 14 CFR 71.1 of FAA JO Order 7400.11F,
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