[Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)]
[Rules and Regulations]
[Pages 5523-5524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02136]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0523; Airspace Docket No. 17-ACE-9]


Amendment of Class E Airspace; Fort Scott, KS; and Phillipsburg, 
KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies Class E airspace extending upward from 
700 feet above the surface at Fort Scott Municipal Airport, Fort Scott, 
KS, and Phillipsburg Municipal Airport, Phillipsburg, KS. This action 
is required due to the decommissioning of the Fort Scott non-
directional radio beacon (NDB) and the Phillipsburg NDB, and the 
cancellation of the associated instrument approach procedures. This 
action enhances the safety and management of instrument flight rules 
(IFR) operations at these airports.

DATES: Effective 0901 UTC, May 24, 2018. The Director of the Federal 
Register approves this incorporation by reference action under Title 1, 
Code of Federal Regulations, part 51, subject to the annual revision of 
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11B, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed online at http://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) 267-
8783. The Order is also available for inspection at the National 
Archives and Records Administration (NARA). For information on the 
availability of FAA Order 7400.11B at NARA, call (202) 741-6030, or go 
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation 
Administration, Operations Support Group, Central Service Center, 10101 
Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5711.

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 E airspace extending upward from 700 feet above the 
surface at Fort Scott Municipal Airport, Fort Scott, KS, and 
Phillipsburg Municipal Airport, Phillipsburg, KS, to support IFR 
operations at these airports.

History

    The FAA published a notice of proposed rulemaking in the Federal 
Register (82 FR 46426; October 5, 2017) for Docket No. FAA-2017-0523 to 
modify Class E airspace extending upward from 700 feet above the 
surface at Fort Scott Municipal Airport, Fort Scott, KS, and 
Phillipsburg Municipal Airport, Phillipsburg, 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 6005 of 
FAA Order 7400.11B, dated August 3, 2017, and effective September 15, 
2017, 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 7400.11B, Airspace Designations and 
Reporting Points, dated August 3, 2017, and effective September 15, 
2017. FAA Order 7400.11B is publicly available as listed in the 
ADDRESSES section of this document. FAA Order 7400.11B lists Class A, 
B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR) 
part 71 modifies Class E airspace extending upward from 700 feet above 
the surface:
    Within a 6.4-mile radius (reduced from a 7-mile radius) of Fort 
Scott Municipal Airport, Fort Scott, KS; removing the Fort Scott NDB 
from the legal description; and removing the extension north of the 
NDB;
    And within a 6.5-mile radius (reduced from a 7.6-mile radius) of 
Phillipsburg Municipal Airport, Phillipsburg, KS; removing the 
Phillipsburg NDB from the legal description; and removing the extension 
southeast of the NDB.
    Airspace reconfiguration is necessary due to the decommissioning of 
the Fort Scott NDB and the Phillipsburg NDB, the cancellation of the 
associated instrument approach procedures, and to bring the airspace in 
compliance with FAA Order 7400.2L, Procedures for Handling Airspace 
Matters. Controlled airspace is necessary for safety and the management 
of IFR operations at these airports.

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.

[[Page 5524]]

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 5-6.5.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 Part 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 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 7400.11B, 
Airspace Designations and Reporting Points, dated August 3, 2017, and 
effective September 15, 2017, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700 
Feet or More Above the Surface of the Earth.

* * * * *

ACE KS E5 Fort Scott, KS [Amended]

Fort Scott Municipal Airport, KS
    (Lat. 37[deg]47'54'' N, long. 94[deg]46'10'' W)

    That airspace extending upward from 700 feet above the surface 
within a 6.4-mile radius of Fort Scott Municipal Airport.

* * * * *

ACE KS E5 Phillipsburg, KS [Amended]

Phillipsburg Municipal Airport, KS
    (Lat. 39[deg]44'09'' N, long. 99[deg]19'02'' W)

    That airspace extending upward from 700 feet above the surface 
within a 6.5-mile radius of Phillipsburg Municipal Airport.

    Issued in Fort Worth, Texas, on January 29, 2018.
Christopher L. Southerland,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2018-02136 Filed 2-7-18; 8:45 am]
 BILLING CODE 4910-13-P


