[Federal Register Volume 88, Number 14 (Monday, January 23, 2023)]
[Rules and Regulations]
[Pages 3913-3914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01058]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0249; Airspace Docket No. 20-ACE-2]
RIN 2120-AA66


Establishment of Class E Airspace; Ness City, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace extending upward from 
700 feet above the surface at Ness City Municipal Airport, Ness City, 
KS. This action is the result of new public instrument procedures being 
developed at this airport.

DATES: Effective 0901 UTC, April 20, 2023. The Director of the Federal 
Register approves this incorporation by reference action under 1 CFR 
part 51, subject to the annual revision of FAA Order 7400.11 and 
publication of conforming amendments.

ADDRESSES: FAA Order 7400.11G, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed online at 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.

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 establishes Class E airspace extending upward from 700 feet above 
the surface at Ness City Municipal Airport, Ness City, KS, to support 
instrument flight rule operations at this airport.

History

    The FAA published a notice of proposed rulemaking in the Federal 
Register (85 FR 27181; May 7, 2020) for Docket No. FAA-2020-0249 to 
establish Class E airspace extending upward from 700 feet above the 
surface at Ness City Municipal Airport, Ness City, 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 7400.11G, dated August 19, 2022, and effective September 15, 
2022, 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 FAA Order JO 7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11G, Airspace Designations and 
Reporting Points, dated August 19, 2022, and effective September 15, 
2022. FAA Order 7400.11G is publicly available as listed in the 
ADDRESSES section of this document. FAA Order 7400.11G 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 establishes Class E airspace 
extending upward from 700 feet above the surface within a 6.4-mile 
radius of the Ness City Municipal Airport, Ness City, KS.
    This action is necessary due to new public instrument procedures 
being developed at this airport.
    FAA Order 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)

[[Page 3914]]

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 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 7400.11G, 
Airspace Designations and Reporting Points, dated August 19, 2022, and 
effective September 15, 2022, 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 Ness City, KS [Establish]

Ness City Municipal Airport, KS
    (Lat 38[deg]28'26'' N, long. 99[deg]54'33'' W)

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

    Issued in Fort Worth, Texas, on January 17, 2023.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2023-01058 Filed 1-20-23; 8:45 am]
BILLING CODE 4910-13-P


