80_FR_33514 80 FR 33401 - Establishment of Class E Airspace; Tribune, KS

80 FR 33401 - Establishment of Class E Airspace; Tribune, KS

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 113 (June 12, 2015)

Page Range33401-33402
FR Document2015-14287

This action establishes Class E airspace at Tribune, KS. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Tribune Municipal Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport.

Federal Register, Volume 80 Issue 113 (Friday, June 12, 2015)
[Federal Register Volume 80, Number 113 (Friday, June 12, 2015)]
[Rules and Regulations]
[Pages 33401-33402]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14287]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2014-0744; Airspace Docket No. 14-ACE-5]


Establishment of Class E Airspace; Tribune, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action establishes Class E airspace at Tribune, KS. 
Controlled airspace is necessary to accommodate new Standard Instrument 
Approach Procedures (SIAPs) at Tribune Municipal Airport. The FAA is 
taking this action to enhance the safety and management of Instrument 
Flight Rules (IFR) operations for SIAPs at the airport.

DATES: Effective 0901 UTC, August 20, 2015. 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 7400.9 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.9Y, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed on line at http://www.faa.gov/airtraffic/publications/. The Order is also available for 
inspection at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15. For further 
information, you can contact the Airspace Policy and ATC Regulations 
Group, Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 29591; telephone: 202-267-8783.

FOR FURTHER INFORMATION CONTACT: Rebecca Shelby, Central Service 
Center, Operations Support Group, Federal Aviation Administration, 
Southwest Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: 
817-321-7740.

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 at Tribune Municipal Airport, Tribune, 
KS.

History

    On November 20, 2014, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to establish Class E airspace 
extending upward from 700 feet above the surface at Tribune Municipal 
Airport, Tribune, KS, (79 FR 69072). 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 Paragraphs 6005, of 
FAA Order 7400.9Y, dated August 6, 2014, and effective September 15, 
2014, 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 7400.9Y, airspace Designations and 
Reporting Points, dated August 6, 2014, and effective September 15, 
2014. FAA Order 7400.9Y is publicly available as listed in the 
ADDRESSES section of this final rule. FAA Order 7400.9Y lists Class A, 
B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

The Rule

    This action amends Title 14, Code of Federal Regulations (14 CFR), 
Part 71 by establishing Class E airspace extending upward from 700 feet 
above the surface within a 6.5-mile radius of Tribune Municipal 
Airport, Tribune, KS, to accommodate new Standard Instrument

[[Page 33402]]

Approach Procedures at the airport. The FAA is taking this action to 
enhance the safety and management of IFR operations at the airport.

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. 
Therefore, this regulation: (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 1050.1E. ``Environmental Impacts: Policies and 
Procedures,'' paragraph 311a. 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.

List 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 7400.9Y, 
Airspace Designations and Reporting Points, dated August 6, 2014, and 
effective September 15, 2014, 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 Tribune, KS [New]

Tribune Municipal Airport, KS
    (Lat. 38[deg]27'05'' N., long. 101[deg]45'00'' W.)

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

    Issued in Fort Worth, TX, on June 5, 2015.
Christopher L. Southerland,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2015-14287 Filed 6-11-15; 8:45 am]
 BILLING CODE 4910-13-P



                                                                       Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Rules and Regulations                                          33401

                                                  ■ b. Remove paragraph (j)(2); and                         Issued under authority provided by 49                Region, 2601 Meacham Blvd., Fort
                                                  ■ c. Redesignate paragraph (j)(3) as                    U.S.C. 106(f), 44701(a), and 44703 in                  Worth, TX 76137; telephone: 817–321–
                                                  paragraph (j)(2).                                       Washington, DC, on June 3, 2015.                       7740.
                                                    The revision reads as follows:                        Michael P. Huerta,                                     SUPPLEMENTARY INFORMATION:
                                                                                                          Administrator.
                                                  § 61.3 Requirement for certificates, ratings            [FR Doc. 2015–14248 Filed 6–11–15; 8:45 am]
                                                                                                                                                                 Authority for This Rulemaking
                                                  and authorizations.                                                                                              The FAA’s authority to issue rules
                                                                                                          BILLING CODE 4910–13–P
                                                  *       *    *    *     *                                                                                      regarding aviation safety is found in
                                                     (j) * * *                                                                                                   Title 49 of the United States Code.
                                                     (1) Age limitation. No person who                    DEPARTMENT OF TRANSPORTATION                           Subtitle I, Section 106 describes the
                                                  holds a pilot certificate issued under                                                                         authority of the FAA Administrator.
                                                  this part may serve as a pilot on a civil               Federal Aviation Administration                        Subtitle VII, Aviation Programs,
                                                  airplane of U.S. registry in the following                                                                     describes in more detail the scope of the
                                                  operations if the person has reached his                14 CFR Part 71                                         agency’s authority. This rulemaking is
                                                  or her 60th birthday or, in the case of                 [Docket No. FAA–2014–0744; Airspace                    promulgated under the authority
                                                  operations with more than one pilot, his                Docket No. 14–ACE–5]                                   described in Subtitle VII, Part A,
                                                  or her 65th birthday:                                                                                          Subpart I, Section 40103. Under that
                                                  *       *    *    *     *                               Establishment of Class E Airspace;                     section, the FAA is charged with
                                                  ■ 3. Amend § 61.77 as follows:                          Tribune, KS                                            prescribing regulations to assign the use
                                                  ■ A. Revise paragraph (e) introductory                                                                         of airspace necessary to ensure the
                                                                                                          AGENCY:  Federal Aviation                              safety of aircraft and the efficient use of
                                                  text;                                                   Administration (FAA), DOT.
                                                  ■ B. Remove paragraph (g); and                                                                                 airspace. This regulation is within the
                                                                                                          ACTION: Final rule.                                    scope of that authority as it amends
                                                  ■ C. Redesignate paragraphs (h) through
                                                  (j) as paragraphs (g) through (i),                                                                             Class E airspace at Tribune Municipal
                                                                                                          SUMMARY:   This action establishes Class
                                                  respectively.                                                                                                  Airport, Tribune, KS.
                                                                                                          E airspace at Tribune, KS. Controlled
                                                     The revision reads as follows:                       airspace is necessary to accommodate                   History
                                                  § 61.77 Special purpose pilot                           new Standard Instrument Approach                          On November 20, 2014, the FAA
                                                  authorization: Operation of a civil aircraft of         Procedures (SIAPs) at Tribune                          published in the Federal Register a
                                                  the United States and leased by a non-U.S.              Municipal Airport. The FAA is taking                   notice of proposed rulemaking (NPRM)
                                                  citizen.                                                this action to enhance the safety and                  to establish Class E airspace extending
                                                  *     *     *     *     *                               management of Instrument Flight Rules                  upward from 700 feet above the surface
                                                    (e) Age limitation. No person who                     (IFR) operations for SIAPs at the airport.             at Tribune Municipal Airport, Tribune,
                                                  holds a special purpose pilot                           DATES: Effective 0901 UTC, August 20,                  KS, (79 FR 69072). Interested parties
                                                  authorization issued under this part                    2015. The Director of the Federal                      were invited to participate in this
                                                  may serve as a pilot on a civil airplane                Register approves this incorporation by                rulemaking effort by submitting written
                                                  of U.S. registry in the following                       reference action under title 1, Code of                comments on the proposal to the FAA.
                                                  operations if the person has reached his                Federal Regulations, part 51, subject to               No comments were received.
                                                  or her 60th birthday or, in the case of                 the annual revision of FAA Order                          Class E airspace designations are
                                                  operations with more than one pilot, his                7400.9 and publication of conforming                   published in Paragraphs 6005, of FAA
                                                  or her 65th birthday:                                   amendments.                                            Order 7400.9Y, dated August 6, 2014,
                                                  *     *     *     *     *                               ADDRESSES:   FAA Order 7400.9Y,                        and effective September 15, 2014, which
                                                                                                          Airspace Designations and Reporting                    is incorporated by reference in 14 CFR
                                                  PART 121—OPERATING                                      Points, and subsequent amendments can                  71.1. The Class E airspace designations
                                                  REQUIREMENTS: DOMESTIC, FLAG,                           be viewed on line at http://                           listed in this document will be
                                                  AND SUPPLEMENTAL OPERATIONS                             www.faa.gov/airtraffic/publications/.                  published subsequently in the Order.

                                                  ■  4. The authority citation for part 121               The Order is also available for                        Availability and Summary of
                                                  is revised to read as follows:                          inspection at the National Archives and                Documents for Incorporation by
                                                                                                          Records Administration (NARA). For                     Reference
                                                    Authority: 49 U.S.C. 106(f), 106(g), 40113,           information on the availability of this
                                                  40119, 41706, 44101, 44701–44702, 44705,                                                                          This document amends FAA Order
                                                                                                          material at NARA, call 202–741–6030,                   7400.9Y, airspace Designations and
                                                  44709–44711, 44713, 44716–44717, 44722,
                                                  44729, 44732, 46105; Pub. L. 111–216, 124
                                                                                                          or go to http://www.archives.gov/                      Reporting Points, dated August 6, 2014,
                                                  Stat. 2348 (49 U.S.C. 44701 note); Pub. L.              federal_register/code_of_federal-                      and effective September 15, 2014. FAA
                                                  112–95, 126 Stat. 62 (49 U.S.C. 44732 note).            regulations/ibr_locations.html.                        Order 7400.9Y is publicly available as
                                                                                                            FAA Order 7400.9, Airspace                           listed in the ADDRESSES section of this
                                                  ■ 5. Amend § 121.383 by revising
                                                                                                          Designations and Reporting Points, is                  final rule. FAA Order 7400.9Y lists
                                                  paragraphs (d) and (e) to read as follows:
                                                                                                          published yearly and effective on                      Class A, B, C, D, and E airspace areas,
                                                  § 121.383   Airman: Limitations on use of               September 15. For further information,                 air traffic service routes, and reporting
                                                  services.                                               you can contact the Airspace Policy and                points.
                                                  *     *      *     *    *                               ATC Regulations Group, Federal
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                                                    (d) No certificate holder may use the                 Aviation Administration, 800                           The Rule
                                                  services of any person as a pilot on an                 Independence Avenue SW.,                                 This action amends Title 14, Code of
                                                  airplane engaged in operations under                    Washington, DC 29591; telephone: 202–                  Federal Regulations (14 CFR), Part 71 by
                                                  this part if that person has reached his                267–8783.                                              establishing Class E airspace extending
                                                  or her 65th birthday.                                   FOR FURTHER INFORMATION CONTACT:                       upward from 700 feet above the surface
                                                    (e) No pilot may serve as a pilot in                  Rebecca Shelby, Central Service Center,                within a 6.5-mile radius of Tribune
                                                  operations under this part if that person               Operations Support Group, Federal                      Municipal Airport, Tribune, KS, to
                                                  has reached his or her 65th birthday.                   Aviation Administration, Southwest                     accommodate new Standard Instrument


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                                                  33402                Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Rules and Regulations

                                                  Approach Procedures at the airport. The                 Paragraph 6005 Class E Airspace areas                  the recognition of any corporate level
                                                  FAA is taking this action to enhance the                extending upward from 700 feet or more                 gain (the General Utilities doctrine).
                                                  safety and management of IFR                            above the surface of the earth.                        Beginning in 1969, Congress enacted a
                                                  operations at the airport.                              *      *      *       *      *                         series of exceptions to the General
                                                                                                          ACE KS E5 Tribune, KS [New]                            Utilities doctrine, starting with certain
                                                  Regulatory Notices and Analyses
                                                                                                                                                                 non-liquidating distributions of
                                                     The FAA has determined that this                     Tribune Municipal Airport, KS
                                                                                                            (Lat. 38°27′05″ N., long. 101°45′00″ W.)
                                                                                                                                                                 depreciable property. In the Tax Equity
                                                  regulation only involves an established                                                                        and Fiscal Responsibility Act of 1982,
                                                  body of technical regulations for which                   That airspace extending upward from 700
                                                                                                          feet above the surface within a 6.5-mile
                                                                                                                                                                 Public Law 97–248, 96 Stat. 324,
                                                  frequent and routine amendments are                     radius of Tribune Municipal Airport.                   Congress enacted current section 311(b)
                                                  necessary to keep them operationally                                                                           (originally designated as section 311(d)),
                                                  current. Therefore, this regulation: (1) Is               Issued in Fort Worth, TX, on June 5, 2015.           which required a corporation to
                                                  not a ‘‘significant regulatory action’’                 Christopher L. Southerland,                            recognize gain on appreciated property
                                                  under Executive Order 12866; (2) is not                 Acting Manager, Operations Support Group,              distributed to a shareholder in
                                                  a ‘‘significant rule’’ under DOT                        ATO Central Service Center.                            redemption of shares. In 1984, Congress
                                                  Regulatory Policies and Procedures (44                  [FR Doc. 2015–14287 Filed 6–11–15; 8:45 am]            enacted legislation that required gain
                                                  FR 11034; February 26, 1979); and (3)                   BILLING CODE 4910–13–P                                 recognition for all non-liquidating
                                                  does not warrant preparation of a                                                                              distributions. Finally, as part of the Tax
                                                  regulatory evaluation as the anticipated                                                                       Reform Act of 1986, Public Law 99–514,
                                                  impact is so minimal. Since this is a                   DEPARTMENT OF THE TREASURY                             100 Stat. 2085, (the Act), Congress
                                                  routine matter that only affects air traffic                                                                   repealed what remained of the General
                                                  procedures and air navigation, it is                    Internal Revenue Service                               Utilities doctrine by enacting section
                                                  certified that this rule, when                                                                                 336(a) of the Internal Revenue Code
                                                  promulgated, does not have a significant                26 CFR Part 1                                          (Code) to apply gain and loss
                                                  economic impact on a substantial                        [TD 9722]                                              recognition to liquidating distributions.
                                                  number of small entities under the                                                                             Under current law, sections 311(b) and
                                                  criteria of the Regulatory Flexibility Act.             RIN 1545–BM35                                          336(a) of the Code require a corporation
                                                  Environmental Review                                                                                           that distributes appreciated property to
                                                                                                          Partnership Transactions Involving
                                                                                                                                                                 its shareholders to recognize gain
                                                    The FAA has determined that this                      Equity Interests of a Partner
                                                                                                                                                                 determined as if the property were sold
                                                  action qualifies for categorical exclusion              AGENCY:  Internal Revenue Service (IRS),               to the shareholders for its fair market
                                                  under the National Environmental                        Treasury.                                              value. Additionally, section 631 of the
                                                  Policy Act in accordance with FAA                                                                              Act added section 337(d) to the Code to
                                                                                                          ACTION: Final and temporary
                                                  Order 1050.1E. ‘‘Environmental                                                                                 permit the Secretary to prescribe
                                                                                                          regulations.
                                                  Impacts: Policies and Procedures,’’                                                                            regulations that are necessary or
                                                  paragraph 311a. This airspace action is                 SUMMARY:   This document contains final                appropriate to carry out the purposes of
                                                  not expected to cause any potentially                   and temporary regulations that prevent                 the General Utilities repeal, ‘‘including
                                                  significant environmental impacts, and                  a corporate partner from avoiding                      regulations to ensure that [the repeal of
                                                  no extraordinary circumstances exist                    corporate-level gain through                           the General Utilities doctrine] may not
                                                  that warrant preparation of an                          transactions with a partnership                        be circumvented through the use of any
                                                  environmental assessment.                               involving equity interests of the partner.             provision of law or regulations.’’
                                                  List of Subjects in 14 CFR Part 71                      These regulations affect partnerships
                                                                                                                                                                 1992 Proposed Regulations
                                                                                                          and their partners. The text of these
                                                   Airspace, Incorporation by reference,                  temporary regulations serves as the text
                                                  Navigation (air).                                                                                                 After the enactment of sections 311(b)
                                                                                                          of proposed regulations (REG–149518–                   and 337(d), the Treasury Department
                                                  Adoption of the Amendment                               03) published in the Proposed Rules                    and the IRS became aware of
                                                                                                          section in this issue of the Federal                   transactions in which taxpayers used a
                                                    In consideration of the foregoing, the
                                                                                                          Register.                                              partnership to postpone or avoid
                                                  Federal Aviation Administration
                                                  amends 14 CFR part 71 as follows:                       DATES:  Effective Date: These regulations              completely gain generally required to be
                                                                                                          are effective on June 12, 2015.                        recognized under section 311(b). In one
                                                  PART 71—DESIGNATION OF CLASS A,                           Applicability Date: For dates of                     example of this transaction, a
                                                  B, C, D, AND E AIRSPACE AREAS; AIR                      applicability, see §§ 1.337(d)–3T(i) and               corporation entered into a partnership
                                                  TRAFFIC SERVICE ROUTES; AND                             1.732–1T(c)(5).                                        and contributed appreciated property.
                                                  REPORTING POINTS                                        FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                 The partnership then acquired stock of
                                                                                                          Concerning the final and temporary                     that corporate partner, and later made a
                                                  ■ 1. The authority citation for part 71                                                                        liquidating distribution of this stock to
                                                                                                          regulations, Kevin I. Babitz, (202) 317–
                                                  continues to read as follows:                                                                                  the corporate partner. Under section
                                                                                                          6852.
                                                    Authority: 49 U.S.C. 106(f), 106(g); 40103,                                                                  731(a), the corporate partner did not
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                  40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,                                                                   recognize gain on the partnership’s
                                                  1959–1963 Comp., p. 389.                                Background                                             distribution of its stock. By means of
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                                                                                                                                 this transaction, the corporation had
                                                  § 71.1   [Amended]                                      The General Utilities Doctrine and Its                 disposed of the appreciated property it
                                                  ■ 2. The incorporation by reference in                  Repeal                                                 formerly held and had acquired its own
                                                  14 CFR 71.1 of FAA Order 7400.9Y,                         In General Utilities & Operating Co. v.              stock, permanently avoiding its gain in
                                                  Airspace Designations and Reporting                     Helvering, 296 U.S. 200 (1935), the                    the appreciated property. If the
                                                  Points, dated August 6, 2014, and                       Supreme Court held that corporations                   corporation had directly exchanged the
                                                  effective September 15, 2014, is                        generally could distribute appreciated                 appreciated property for its own stock,
                                                  amended as follows:                                     property to their shareholders without                 section 311(b) would have required the


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Document Created: 2018-02-22 10:16:21
Document Modified: 2018-02-22 10:16:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective 0901 UTC, August 20, 2015. 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 7400.9 and publication of conforming amendments.
ContactRebecca Shelby, Central Service Center, Operations Support Group, Federal Aviation Administration, Southwest Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: 817-321-7740.
FR Citation80 FR 33401 
CFR AssociatedAirspace; Incorporation by Reference and Navigation (air)

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