80_FR_43451 80 FR 43311 - Revocation of Class D and E Airspace; Independence, KS

80 FR 43311 - Revocation of Class D and E Airspace; Independence, KS

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 140 (July 22, 2015)

Page Range43311-43312
FR Document2015-17878

This action removes Class D airspace and the associated Class E surface area airspace at Independence Municipal Airport, Independence, KS. Closure of the airport's air traffic control tower has necessitated the need for this action.

Federal Register, Volume 80 Issue 140 (Wednesday, July 22, 2015)
[Federal Register Volume 80, Number 140 (Wednesday, July 22, 2015)]
[Rules and Regulations]
[Pages 43311-43312]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17878]


=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2014-0565; Airspace Docket No. 14-ACE-7]


Revocation of Class D and E Airspace; Independence, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action removes Class D airspace and the associated Class 
E surface area airspace at Independence Municipal Airport, 
Independence, KS. Closure of the airport's air traffic control tower 
has necessitated the need for this action.

DATES: Effective 0901 UTC, October 15, 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: Raul Garza, Jr., Central Service 
Center, Operations Support Group, Federal Aviation Administration, 
Southwest Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: 
817-222-4075.

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 removes

[[Page 43312]]

controlled airspace at Independence Municipal Airport, KS.

History

    On May 8, 2015, the FAA published in the Federal Register a 
supplemental notice of proposed rulemaking (SNPRM) to remove Class D 
airspace and Class E surface area airspace at Independence Municipal 
Airport, Independence, KS., (80 FR 26496). 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 D and E airspace areas are published in Paragraph 5000 and 
6002, respectively, 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 D and 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 removing Class D airspace and the associated Class E surface 
area airspace at Independence Municipal Airport, Independence, KS, as 
the air traffic control tower has closed and controlled airspace is no 
longer needed.
    Class D and E airspace areas are published in Paragraph 5000 and 
6002, respectively, 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 D and E airspace designations listed in this 
document will be published subsequently in the Order.

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 5000 Class D Airspace

* * * * *

ACE KS D Independence, KS [Removed]

Paragraph 6002 Class E Airspace Designated as Surface Areas

* * * * *

ACE KS E2 Independence, KS [Removed]

    Issued in Fort Worth, TX, on July 10, 2015.
Robert W. Beck,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2015-17878 Filed 7-21-15; 8:45 am]
 BILLING CODE 4910-13-P



                                                             Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Rules and Regulations                                           43311

                                           Appendix XII to Part 200—Award                           need to submit the information a second time          ACTION:   Final rule.
                                           Term and Condition for Recipient                         under assistance awards that you received if
                                           Integrity and Performance Matters                        you already provided the information                  SUMMARY:   This action removes Class D
                                                                                                    through SAM because you were required to              airspace and the associated Class E
                                           A. Reporting of Matters Related to Recipient             do so under Federal procurement contracts             surface area airspace at Independence
                                           Integrity and Performance                                that you were awarded.
                                                                                                                                                          Municipal Airport, Independence, KS.
                                           1. General Reporting Requirement                         4. Reporting Frequency                                Closure of the airport’s air traffic control
                                              If the total value of your currently active              During any period of time when you are             tower has necessitated the need for this
                                           grants, cooperative agreements, and                      subject to the requirement in paragraph 1 of          action.
                                           procurement contracts from all Federal                   this award term and condition, you must               DATES: Effective 0901 UTC, October 15,
                                           awarding agencies exceeds $10,000,000 for                report proceedings information through SAM
                                           any period of time during the period of                                                                        2015. The Director of the Federal
                                                                                                    for the most recent five year period, either to
                                           performance of this Federal award, then you              report new information about any                      Register approves this incorporation by
                                           as the recipient during that period of time              proceeding(s) that you have not reported              reference action under title 1, Code of
                                           must maintain the currency of information                previously or affirm that there is no new             Federal Regulations, part 51, subject to
                                           reported to the System for Award                         information to report. Recipients that have           the annual revision of FAA Order
                                           Management (SAM) that is made available in               Federal contract, grant, and cooperative              7400.9 and publication of conforming
                                           the designated integrity and performance                 agreement awards with a cumulative total              amendments.
                                           system (currently the Federal Awardee                    value greater than $10,000,000 must disclose
                                           Performance and Integrity Information                    semiannually any information about the                ADDRESSES:   FAA Order 7400.9Y,
                                           System (FAPIIS)) about civil, criminal, or               criminal, civil, and administrative                   Airspace Designations and Reporting
                                           administrative proceedings described in                  proceedings.                                          Points, and subsequent amendments can
                                           paragraph 2 of this award term and                                                                             be viewed on line at http://
                                           condition. This is a statutory requirement               5. Definitions
                                           under section 872 of Public Law 110–417, as                                                                    www.faa.gov/airtraffic/publications/.
                                                                                                       For purposes of this award term and
                                           amended (41 U.S.C. 2313). As required by                                                                       The Order is also available for
                                                                                                    condition:
                                           section 3010 of Public Law 111–212, all                     a. Administrative proceeding means a non-          inspection at the National Archives and
                                           information posted in the designated                     judicial process that is adjudicatory in nature       Records Administration (NARA). For
                                           integrity and performance system on or after             in order to make a determination of fault or          information on the availability of this
                                           April 15, 2011, except past performance                  liability (e.g., Securities and Exchange              material at NARA, call 202–741–6030,
                                           reviews required for Federal procurement                 Commission Administrative proceedings,                or go to http://www.archives.gov/
                                           contracts, will be publicly available.                   Civilian Board of Contract Appeals                    federal_register/code_of_federal-
                                           2. Proceedings About Which You Must                      proceedings, and Armed Services Board of              regulations/ibr_locations.html.
                                           Report                                                   Contract Appeals proceedings). This includes            FAA Order 7400.9, Airspace
                                                                                                    proceedings at the Federal and State level but
                                              Submit the information required about                 only in connection with performance of a
                                                                                                                                                          Designations and Reporting Points, is
                                           each proceeding that:                                                                                          published yearly and effective on
                                                                                                    Federal contract or grant. It does not include
                                              a. Is in connection with the award or                                                                       September 15. For further information,
                                                                                                    audits, site visits, corrective plans, or
                                           performance of a grant, cooperative                                                                            you can contact the Airspace Policy and
                                                                                                    inspection of deliverables.
                                           agreement, or procurement contract from the
                                                                                                       b. Conviction, for purposes of this award          ATC Regulations Group, Federal
                                           Federal Government;
                                                                                                    term and condition, means a judgment or               Aviation Administration, 800
                                              b. Reached its final disposition during the
                                                                                                    conviction of a criminal offense by any court         Independence Avenue SW.,
                                           most recent five year period; and
                                                                                                    of competent jurisdiction, whether entered            Washington, DC 29591; telephone: 202–
                                              c. Is one of the following:
                                                                                                    upon a verdict or a plea, and includes a              267–8783.
                                              (1) A criminal proceeding that resulted in
                                                                                                    conviction entered upon a plea of nolo
                                           a conviction, as defined in paragraph 5 of                                                                     FOR FURTHER INFORMATION CONTACT: Raul
                                           this award term and condition;                           contendere.
                                              (2) A civil proceeding that resulted in a                c. Total value of currently active grants,         Garza, Jr., Central Service Center,
                                           finding of fault and liability and payment of            cooperative agreements, and procurement               Operations Support Group, Federal
                                           a monetary fine, penalty, reimbursement,                 contracts includes—                                   Aviation Administration, Southwest
                                           restitution, or damages of $5,000 or more;                  (1) Only the Federal share of the funding          Region, 2601 Meacham Blvd., Fort
                                              (3) An administrative proceeding, as                  under any Federal award with a recipient              Worth, TX 76137; telephone: 817–222–
                                           defined in paragraph 5. of this award term               cost share or match; and
                                                                                                       (2) The value of all expected funding
                                                                                                                                                          4075.
                                           and condition, that resulted in a finding of
                                           fault and liability and your payment of either           increments under a Federal award and                  SUPPLEMENTARY INFORMATION:
                                           a monetary fine or penalty of $5,000 or more             options, even if not yet exercised.
                                                                                                       B. [Reserved]                                      Authority for This Rulemaking
                                           or reimbursement, restitution, or damages in
                                           excess of $100,000; or                                   [FR Doc. 2015–17753 Filed 7–21–15; 8:45 am]             The FAA’s authority to issue rules
                                              (4) Any other criminal, civil, or                     BILLING CODE P                                        regarding aviation safety is found in
                                           administrative proceeding if:                                                                                  Title 49 of the United States Code.
                                              (i) It could have led to an outcome                                                                         Subtitle I, Section 106 describes the
                                           described in paragraph 2.c.(1), (2), or (3) of                                                                 authority of the FAA Administrator.
                                           this award term and condition;                           DEPARTMENT OF TRANSPORTATION
                                              (ii) It had a different disposition arrived at                                                              Subtitle VII, Aviation Programs,
                                           by consent or compromise with an                         Federal Aviation Administration                       describes in more detail the scope of the
                                           acknowledgment of fault on your part; and                                                                      agency’s authority. This rulemaking is
                                              (iii) The requirement in this award term              14 CFR Part 71                                        promulgated under the authority
                                           and condition to disclose information about                                                                    described in Subtitle VII, Part, A,
                                           the proceeding does not conflict with                    [Docket No. FAA–2014–0565; Airspace                   Subpart I, Section 40103. Under that
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                                           applicable laws and regulations.                         Docket No. 14–ACE–7]                                  section, the FAA is charged with
                                           3. Reporting Procedures                                  Revocation of Class D and E Airspace;                 prescribing regulations to assign the use
                                              Enter in the SAM Entity Management area               Independence, KS                                      of airspace necessary to ensure the
                                           the information that SAM requires about                                                                        safety of aircraft and the efficient use of
                                           each proceeding described in paragraph 2 of              AGENCY:Federal Aviation                               airspace. This regulation is within the
                                           this award term and condition. You do not                Administration (FAA), DOT.                            scope of that authority as it removes


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                                           43312             Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Rules and Regulations

                                           controlled airspace at Independence                      a ‘‘significant rule’’ under DOT                          ACE KS E2        Independence, KS [Removed]
                                           Municipal Airport, KS.                                   Regulatory Policies and Procedures (44
                                                                                                                                                                Issued in Fort Worth, TX, on July 10, 2015.
                                           History                                                  FR 11034; February 26, 1979); and (3)
                                                                                                                                                              Robert W. Beck,
                                                                                                    does not warrant preparation of a
                                              On May 8, 2015, the FAA published                                                                               Manager, Operations Support Group, ATO
                                                                                                    regulatory evaluation as the anticipated                  Central Service Center.
                                           in the Federal Register a supplemental                   impact is so minimal. Since this is a
                                           notice of proposed rulemaking (SNPRM)                    routine matter that only affects air traffic
                                                                                                                                                              [FR Doc. 2015–17878 Filed 7–21–15; 8:45 am]
                                           to remove Class D airspace and Class E                                                                             BILLING CODE 4910–13–P
                                                                                                    procedures and air navigation, it is
                                           surface area airspace at Independence
                                                                                                    certified that this rule, when
                                           Municipal Airport, Independence, KS.,
                                                                                                    promulgated, does not have a significant                  DEPARTMENT OF TRANSPORTATION
                                           (80 FR 26496). Interested parties were
                                           invited to participate in this rulemaking                economic impact on a substantial
                                           effort by submitting written comments                    number of small entities under the                        Federal Aviation Administration
                                           on the proposal to the FAA. No                           criteria of the Regulatory Flexibility Act.
                                           comments were received.                                                                                            14 CFR Part 71
                                                                                                    Environmental Review
                                              Class D and E airspace areas are
                                           published in Paragraph 5000 and 6002,                                                                              [Docket No. FAA–2014–1067; Airspace
                                                                                                      The FAA has determined that this
                                                                                                                                                              Docket No. 14–ANM–15]
                                           respectively, of FAA Order 7400.9Y,                      action qualifies for categorical exclusion
                                           dated August 6, 2014, and effective                      under the National Environmental                          Establishment and Amendment of
                                           September 15, 2014, which is                             Policy Act in accordance with FAA                         Class E Airspace; Bremerton, WA
                                           incorporated by reference in 14 CFR                      Order 1050.1E. ‘‘Environmental
                                           71.1. The Class D and E airspace                         Impacts: Policies and Procedures,’’                       AGENCY:  Federal Aviation
                                           designations listed in this document                     paragraph 311a. This airspace action is                   Administration (FAA), DOT.
                                           will be published subsequently in the                    not expected to cause any potentially                     ACTION: Final rule.
                                           Order.                                                   significant environmental impacts, and
                                                                                                                                                              SUMMARY:   This action modifies and
                                           Availability and Summary of                              no extraordinary circumstances exist
                                                                                                                                                              establishes Class E airspace at
                                           Documents for Incorporation by                           that warrant preparation of an                            Bremerton National Airport, Bremerton,
                                           Reference                                                environmental assessment.                                 WA, to accommodate new Standard
                                              This document amends FAA Order                        List of Subjects in 14 CFR Part 71                        Instrument Approach Procedures
                                           7400.9Y, airspace Designations and                                                                                 (SIAPs) at Bremerton National airport
                                           Reporting Points, dated August 6, 2014,                   Airspace, Incorporation by reference,                    due to the decommissioning of the
                                           and effective September 15, 2014. FAA                    Navigation (air).                                         Kitsap non-directional radio beacon
                                           Order 7400.9Y is publicly available as                                                                             (NDB). The FAA is taking this action to
                                           listed in the ADDRESSES section of this                  Adoption of the Amendment
                                                                                                                                                              enhance the safety and management of
                                           final rule. FAA Order 7400.9Y lists                        In consideration of the foregoing, the                  Instrument Flight Rules (IFR) operations
                                           Class A, B, C, D, and E airspace areas,                  Federal Aviation Administration                           at the airport.
                                           air traffic service routes, and reporting                amends 14 CFR part 71 as follows:                         DATES: Effective 0901 UTC, October 15,
                                           points.                                                                                                            2015. The Director of the Federal
                                           The Rule                                                 PART 71—DESIGNATION OF CLASS A,                           Register approves this incorporation by
                                                                                                    B, C, D, AND E AIRSPACE AREAS; AIR                        reference action under title 1, Code of
                                              This action amends Title 14, Code of                                                                            Federal Regulations, part 51, subject to
                                                                                                    TRAFFIC SERVICE ROUTES; AND
                                           Federal Regulations (14 CFR), Part 71 by                                                                           the annual revision of FAA Order
                                                                                                    REPORTING POINTS
                                           removing Class D airspace and the                                                                                  7400.9 and publication of conforming
                                           associated Class E surface area airspace                                                                           amendments.
                                           at Independence Municipal Airport,                       ■ 1. The authority citation for part 71
                                           Independence, KS, as the air traffic                     continues to read as follows:                             ADDRESSES:   FAA Order 7400.9Y,
                                           control tower has closed and controlled                    Authority: 49 U.S.C. 106(f), 106(g); 40103,             Airspace Designations and Reporting
                                           airspace is no longer needed.                            40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,              Points, and subsequent amendments can
                                              Class D and E airspace areas are                      1959–1963 Comp., p. 389.                                  be viewed on line at http://
                                           published in Paragraph 5000 and 6002,                                                                              www.faa.gov/airtraffic/publications/.
                                           respectively, of FAA Order 7400.9Y,                      § 71.1       [Amended]                                    The Order is also available for
                                           dated August 6, 2014, and effective                                                                                inspection at the National Archives and
                                                                                                    ■ 2. The incorporation by reference in                    Records Administration (NARA). For
                                           September 15, 2014, which is
                                                                                                    14 CFR 71.1 of FAA Order 7400.9Y,                         information on the availability of this
                                           incorporated by reference in 14 CFR
                                           71.1. The Class D and E airspace                         Airspace Designations and Reporting                       material at NARA, call 202–741–6030,
                                           designations listed in this document                     Points, dated August 6, 2014, and                         or go to http://www.archives.gov/
                                           will be published subsequently in the                    effective September 15, 2014, is                          federal_register/code_of_federal-
                                           Order.                                                   amended as follows:                                       regulations/ibr_locations.html.
                                                                                                    Paragraph 5000           Class D Airspace                   FAA Order 7400.9, Airspace
                                           Regulatory Notices and Analyses                                                                                    Designations and Reporting Points, is
                                              The FAA has determined that this                      *        *       *       *       *                        published yearly and effective on
                                           regulation only involves an established                  ACE KS D         Independence, KS [Removed]               September 15. For further information,
Lhorne on DSK7TPTVN1PROD with RULES




                                           body of technical regulations for which                                                                            you can contact the Airspace Policy and
                                                                                                    Paragraph 6002 Class E Airspace
                                           frequent and routine amendments are                                                                                ATC Regulations Group, Federal
                                                                                                    Designated as Surface Areas
                                           necessary to keep them operationally                                                                               Aviation Administration, 800
                                           current. Therefore, this regulation: (1) Is              *        *       *       *       *                        Independence Avenue SW.,
                                           not a ‘‘significant regulatory action’’                                                                            Washington, DC 29591; telephone: 202–
                                           under Executive Order 12866; (2) is not                                                                            267–8783.


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Document Created: 2015-12-15 12:54:55
Document Modified: 2015-12-15 12:54:55
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, October 15, 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.
ContactRaul Garza, Jr., Central Service Center, Operations Support Group, Federal Aviation Administration, Southwest Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: 817-222-4075.
FR Citation80 FR 43311 
CFR AssociatedAirspace; Incorporation by Reference and Navigation (air)

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