81_FR_34985 81 FR 34880 - Amendment of Class E Airspace for the Following South Dakota Towns; Belle Fourche, SD; Madison, SD; Mobrigde, SD; and Vermillion, SD

81 FR 34880 - Amendment of Class E Airspace for the Following South Dakota Towns; Belle Fourche, SD; Madison, SD; Mobrigde, SD; and Vermillion, SD

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 105 (June 1, 2016)

Page Range34880-34882
FR Document2016-12638

This action modifies Class E airspace extending upward from 700 feet above the surface at Belle Fourche Municipal Airport, Belle Fourche, SD; Madison Municipal Airport, Madison, SD; Mobridge Municipal Airport, Mobridge, SD; and Harold Davidson Field, Vermillion, SD. The decommissioning of non-directional radio beacons (NDB) and/or cancellation of NDB approaches due to advances in Global Positioning System (GPS) capabilities have made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at the above airports.

Federal Register, Volume 81 Issue 105 (Wednesday, June 1, 2016)
[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Rules and Regulations]
[Pages 34880-34882]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12638]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-0525; Airspace Docket No. 16-AGL-1]


Amendment of Class E Airspace for the Following South Dakota 
Towns; Belle Fourche, SD; Madison, SD; Mobrigde, SD; and Vermillion, SD

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action modifies Class E airspace extending upward from 
700 feet above the surface at Belle Fourche Municipal Airport, Belle 
Fourche, SD; Madison Municipal Airport, Madison, SD; Mobridge Municipal 
Airport, Mobridge, SD; and Harold Davidson Field, Vermillion, SD. The

[[Page 34881]]

decommissioning of non-directional radio beacons (NDB) and/or 
cancellation of NDB approaches due to advances in Global Positioning 
System (GPS) capabilities have made this action necessary for the 
safety and management of Instrument Flight Rules (IFR) operations at 
the above airports.

DATES: Effective 0901 UTC, September 15, 2016. 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 7400.9Z, 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 7400.9Z 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 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 at Belle Fourche Municipal Airport, Belle 
Fourche, SD; Madison Municipal Airport, Madison, SD; Mobridge Municipal 
Airport, Mobridge, SD; and Harold Davidson Field, Vermillion, SD.

History

    On February 17, 2016, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to modify Class E airspace 
extending upward from 700 feet above the surface at Belle Fourche 
Municipal Airport, Belle Fourche, SD; Madison Municipal Airport, 
Madison, SD; Mobridge Municipal Airport, Mobridge, SD; and Harold 
Davidson Field, Vermillion, SD (81 FR 8029). 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 7400.9Z, dated August 6, 2015, and effective September 15, 
2015, which is incorporated by reference in 14 CFR part 71.1. The Class 
E airspace designation 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 7400.9Z, Airspace Designations and 
Reporting Points, dated August 6, 2015, and effective September 15, 
2015. FAA Order 7400.9Z is publicly available as listed in the 
ADDRESSES section of this document. FAA Order 7400.9Z 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 at Belle Fourche Municipal Airport, Belle Fourche, SD; 
Madison Municipal Airport, Madison, SD; Mobridge Municipal Airport, 
Mobridge, SD; and Harold Davidson Field, Vermillion, SD. Airspace 
reconfiguration is necessary due to the decommissioning of NDBs and/or 
the cancellation of the NDB approach at each airport. As a result of 
advances in GPS capabilities, controlled airspace is redesigned for the 
safety and management of the standard instrument approach procedures 
for IFR operations at the 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.

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 7400.9Z, 
Airspace Designations and Reporting Points, dated August 6, 2015, and 
effective September 15, 2015, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward from 700 
Feet or More Abovethe Surface of the Earth

* * * * *

AGL SD E5 Belle Fourche, SD [Amended]

Belle Fourche Municipal Airport, SD
    (Lat. 44[deg]44'04'' N., long. 103[deg]51'43'' W.)

    That airspace extending upward from 700 feet above the surface 
within an 6.4-mile

[[Page 34882]]

radius of Belle Fourche Municipal Airport, and within 1 mile each 
side of the 142[deg] bearing from Belle Fourche Municipal Airport 
extending from the 6.4 mile radius to 7 miles southeast of the 
airport.
* * * * *

AGL SD E5 Madison, SD [Amended]

Madison Municipal Airport, SD
    (Lat. 44[deg]00'59'' N., long. 97[deg]05'08'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.5-mile radius of Madison Municipal Airport, and within 2 
miles each side of the 334[deg] bearing from the airport extending 
from the 6.5-mile radius to 10.5 miles northwest of the airport.
* * * * *

AGL SD E5 Mobridge, SD [Amended]

Mobridge Municipal Airport, SD
    (Lat. 45[deg]32'47'' N., long. 100[deg]24'23'' W.)

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

AGL SD E5 Vermillion, SD [Amended]

Harold Davidson Field, SD
    (Lat. 42[deg]45'55'' N., long. 96[deg]56'03'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.4-mile radius of Harold Davidson Field.


    Issued in Fort Worth, Texas, on May 18, 2016.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2016-12638 Filed 5-31-16; 8:45 am]
 BILLING CODE 4910-13-P



                                              34880             Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations

                                              Subtitle VII, Aviation Programs,                        The Rule                                              PART 71—DESIGNATION OF CLASS A,
                                              describes in more detail the scope of the                                                                     B, C, D, AND E AIRSPACE AREAS; AIR
                                              agency’s authority. This rulemaking is                     This amendment to Title 14, Code of                TRAFFIC SERVICE ROUTES; AND
                                              promulgated under the authority                         Federal Regulations (14 CFR) part 71                  REPORTING POINTS
                                              described in Subtitle VII, Part A,                      modifies Class E airspace extending
                                              Subpart I, Section 40103. Under that                    upward from 700 feet above the surface                ■ 1. The authority citation for Part 71
                                              section, the FAA is charged with                        at Taos Regional Airport, Taos, NM.                   continues to read as follows:
                                              prescribing regulations to assign the use               After review, the FAA found that with                   Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                                                                                      the decommissioning of NDBs, removal                  40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                              of airspace necessary to ensure the
                                                                                                      of NDB approaches, and                                1959–1963 Comp., p. 389.
                                              safety of aircraft and the efficient use of
                                                                                                      implementation of area navigation
                                              airspace. This regulation is within the                                                                       § 71.1       [Amended]
                                                                                                      (RNAV) instrument approaches the
                                              scope of that authority as it would
                                                                                                      extension to the northwest from the 6.5-              ■ 2. The incorporation by reference in
                                              amend Class E airspace at Taos Regional                                                                       14 CFR 71.1 of FAA Order 7400.9Z,
                                                                                                      mile radius to 9.4 miles of the Class E
                                              Airport, Taos, NM.                                                                                            Airspace Designations and Reporting
                                                                                                      airspace extending upward from 700
                                              History                                                 feet above the surface was no longer                  Points, dated August 6, 2015, and
                                                                                                      requires in accordance with airspace                  effective September 15, 2015, is
                                                 On March 7, 2016, the FAA published                  requirements specified in FAA Joint                   amended as follows:
                                              in the Federal Register a notice of                     Order 7400.2K.                                        Paragraph 6005 Class E Airspace Areas
                                              proposed rulemaking (NPRM) to modify                                                                          Extending Upward From 700 Feet or More
                                              Class E airspace extending upward from                  Regulatory Notices and Analyses
                                                                                                                                                            Above the Surface of the Earth
                                              700 feet above the surface at Taos                         The FAA has determined that this                   *        *      *    *    *
                                              Regional Airport, Taos, NM (81 FR                       regulation only involves an established
                                              11695). Interested parties were invited                                                                       ASW NM E5 Taos, NM [Amended]
                                                                                                      body of technical regulations for which
                                              to participate in this rulemaking effort                frequent and routine amendments are                   Taos Regional Airport, NM
                                              by submitting written comments on the                                                                           (Lat. 36°27′29″ N., long. 105°40′21″ W.)
                                                                                                      necessary to keep them operationally
                                              proposal to the FAA. One comment was                                                                            That airspace extending upward from 700
                                                                                                      current, is non-controversial and                     feet above the surface within a 6.5-mile
                                              received from Mr. Robert Pigott,                        unlikely to result in adverse or negative
                                              Aeronautical Information Services,                                                                            radius of Taos Regional Airport; and that
                                                                                                      comments. It, therefore: (1) Is not a                 airspace extending upward from 1,200 feet
                                              requesting clarification of the                         ‘‘significant regulatory action’’ under               above the surface beginning at lat. 36°07′00″
                                              overlapping 1,200 foot airspace to the                  Executive Order 12866; (2) is not a                   N., long. 105°47′42″ W., thence via the 21.3-
                                              west of Taos Regional Airport. This                     ‘‘significant rule’’ under DOT                        mile arc of Taos Regional Airport clockwise
                                              airspace existed prior to the proposed                  Regulatory Policies and Procedures (44                to lat. 36°48′00″ N., long. 105°47′35″ W.,
                                              amendment and was not changed by the                                                                          thence to lat. 36°30′00″ N., long. 105°30′02″
                                                                                                      FR 11034; February 26, 1979); and (3)
                                              amendment. The 1,200 foot airspace                                                                            W., thence to the point of beginning.
                                                                                                      does not warrant preparation of a
                                              exists to protect the departures and                    Regulatory Evaluation as the anticipated                Issued in Fort Worth, Texas, on May 18,
                                              climb out requirements to the west due                  impact is so minimal. Since this is a                 2016.
                                              to high terrain east of the airport and                 routine matter that only affects air traffic          Walter Tweedy,
                                              allows departing aircraft to reach                      procedures and air navigation, it is                  Acting Manager, Operations Support Group,
                                              controlled airspace, and was developed                  certified that this rule, when                        ATO Central Service Center.
                                              in accordance with FAA Joint Order                      promulgated, does not have a significant              [FR Doc. 2016–12639 Filed 5–31–16; 8:45 am]
                                              7400.2K, Procedures for Handling                        economic impact on a substantial                      BILLING CODE 4910–13–P
                                              Airspace Matters. The FAA found no                      number of small entities under the
                                              reason to change the 1,200 foot airspace                criteria of the Regulatory Flexibility Act.
                                              at this time.                                                                                                 DEPARTMENT OF TRANSPORTATION
                                                                                                      Environmental Review
                                                 Class E airspace designations are                                                                          Federal Aviation Administration
                                              published in paragraph 6005 of FAA                         The FAA has determined that this
                                              Order 7400.9Z, dated August 6, 2015,                    action qualifies for categorical exclusion            14 CFR Part 71
                                              and effective September 15, 2015, which                 under the National Environmental
                                              is incorporated by reference in 14 CFR                  Policy Act in accordance with FAA                     [Docket No. FAA–2016–0525; Airspace
                                                                                                                                                            Docket No. 16–AGL–1]
                                              71.1. The Class E airspace designations                 Order 1050.1F, ‘‘Environmental
                                              listed in this document will be                         Impacts: Policies and Procedures,’’                   Amendment of Class E Airspace for
                                              published subsequently in the Order.                    paragraph 5–6.5.a. This airspace action               the Following South Dakota Towns;
                                                                                                      is not expected to cause any potentially              Belle Fourche, SD; Madison, SD;
                                              Availability and Summary of                             significant environmental impacts, and
                                              Documents for Incorporation by                                                                                Mobrigde, SD; and Vermillion, SD
                                                                                                      no extraordinary circumstances exist
                                              Reference                                               that warrant preparation of an                        AGENCY:  Federal Aviation
                                                                                                      environmental assessment.                             Administration (FAA), DOT.
                                                 This document amends FAA Order
                                                                                                                                                            ACTION: Final rule.
                                              7400.9Z, Airspace Designations and                      Lists of Subjects in 14 CFR Part 71
                                              Reporting Points, dated August 6, 2015,                                                                       SUMMARY:  This action modifies Class E
                                                                                                       Airspace, Incorporation by reference,
sradovich on DSK3TPTVN1PROD with RULES




                                              and effective September 15, 2015. FAA                                                                         airspace extending upward from 700
                                              Order 7400.9Z is publicly available as                  Navigation (air).                                     feet above the surface at Belle Fourche
                                              listed in the ADDRESSES section of this                 Adoption of the Amendment                             Municipal Airport, Belle Fourche, SD;
                                              document. FAA Order 7400.9Z lists                                                                             Madison Municipal Airport, Madison,
                                              Class A, B, C, D, and E airspace areas,                   In consideration of the foregoing, the              SD; Mobridge Municipal Airport,
                                              air traffic service routes, and reporting               Federal Aviation Administration                       Mobridge, SD; and Harold Davidson
                                              points.                                                 amends 14 CFR part 71 as follows:                     Field, Vermillion, SD. The


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                                                                Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations                                           34881

                                              decommissioning of non-directional                      Mobridge, SD; and Harold Davidson                     unlikely to result in adverse or negative
                                              radio beacons (NDB) and/or cancellation                 Field, Vermillion, SD.                                comments. It, therefore: (1) Is not a
                                              of NDB approaches due to advances in                                                                          ‘‘significant regulatory action’’ under
                                                                                                      History
                                              Global Positioning System (GPS)                                                                               Executive Order 12866; (2) is not a
                                              capabilities have made this action                         On February 17, 2016, the FAA                      ‘‘significant rule’’ under DOT
                                              necessary for the safety and                            published in the Federal Register a                   Regulatory Policies and Procedures (44
                                              management of Instrument Flight Rules                   notice of proposed rulemaking (NPRM)                  FR 11034; February 26, 1979); and (3)
                                              (IFR) operations at the above airports.                 to modify Class E airspace extending                  does not warrant preparation of a
                                              DATES: Effective 0901 UTC, September                    upward from 700 feet above the surface                Regulatory Evaluation as the anticipated
                                              15, 2016. The Director of the Federal                   at Belle Fourche Municipal Airport,                   impact is so minimal. Since this is a
                                              Register approves this incorporation by                 Belle Fourche, SD; Madison Municipal                  routine matter that only affects air traffic
                                              reference action under Title 1, Code of                 Airport, Madison, SD; Mobridge                        procedures and air navigation, it is
                                              Federal Regulations, part 51, subject to                Municipal Airport, Mobridge, SD; and                  certified that this rule, when
                                              the annual revision of FAA Order                        Harold Davidson Field, Vermillion, SD                 promulgated, does not have a significant
                                              7400.9 and publication of conforming                    (81 FR 8029). Interested parties were                 economic impact on a substantial
                                              amendments.                                             invited to participate in this rulemaking             number of small entities under the
                                                                                                      effort by submitting written comments                 criteria of the Regulatory Flexibility Act.
                                              ADDRESSES: FAA Order 7400.9Z,
                                                                                                      on the proposal to the FAA. No
                                              Airspace Designations and Reporting                                                                           Environmental Review
                                                                                                      comments were received.
                                              Points, and subsequent amendments can
                                                                                                         Class E airspace designations are                     The FAA has determined that this
                                              be viewed online at http://www.faa.gov/
                                                                                                      published in paragraph 6005 of FAA                    action qualifies for categorical exclusion
                                              air_traffic/publications/. For further
                                                                                                      Order 7400.9Z, dated August 6, 2015,                  under the National Environmental
                                              information, you can contact the
                                                                                                      and effective September 15, 2015, which               Policy Act in accordance with FAA
                                              Airspace Policy Group, Federal Aviation
                                                                                                      is incorporated by reference in 14 CFR                Order 1050.1F, ‘‘Environmental
                                              Administration, 800 Independence
                                                                                                      part 71.1. The Class E airspace                       Impacts: Policies and Procedures,’’
                                              Avenue SW., Washington, DC, 20591;
                                                                                                      designation listed in this document will              paragraph 5–6.5.a. This airspace action
                                              telephone: 202–267–8783. The Order is
                                                                                                      be published subsequently in the Order.               is not expected to cause any potentially
                                              also available for inspection at the
                                              National Archives and Records                           Availability and Summary of                           significant environmental impacts, and
                                              Administration (NARA). For                              Documents for Incorporation by                        no extraordinary circumstances exist
                                              information on the availability of FAA                  Reference                                             that warrant preparation of an
                                              Order 7400.9Z at NARA, call 202–741–                                                                          environmental assessment.
                                                                                                         This document amends FAA Order
                                              6030, or go to http://www.archives.gov/                 7400.9Z, Airspace Designations and                    Lists of Subjects in 14 CFR Part 71
                                              federal_register/code_of_federal-                       Reporting Points, dated August 6, 2015,                 Airspace, Incorporation by reference,
                                              regulations/ibr_locations.html.                         and effective September 15, 2015. FAA                 Navigation (Air).
                                                 FAA Order 7400.9, Airspace                           Order 7400.9Z is publicly available as
                                              Designations and Reporting Points, is                   listed in the ADDRESSES section of this               Adoption of the Amendment:
                                              published yearly and effective on                       document. FAA Order 7400.9Z lists                       In consideration of the foregoing, the
                                              September 15.                                           Class A, B, C, D, and E airspace areas,               Federal Aviation Administration
                                              FOR FURTHER INFORMATION CONTACT:                        air traffic service routes, and reporting             amends 14 CFR part 71 as follows:
                                              Jeffrey Claypool, Federal Aviation                      points.
                                              Administration, Operations Support                                                                            PART 71—DESIGNATION OF CLASS A,
                                              Group, Central Service Center, 10101                    The Rule                                              B, C, D, AND E AIRSPACE AREAS; AIR
                                              Hillwood Parkway, Fort Worth, TX,                          This amendment to Title 14, Code of                TRAFFIC SERVICE ROUTES; AND
                                              76177; telephone (817) 222–5711.                        Federal Regulations (14 CFR) part 71                  REPORTING POINTS
                                              SUPPLEMENTARY INFORMATION:                              modifies Class E airspace extending
                                                                                                      upward from 700 feet above the surface                ■ 1. The authority citation for Part 71
                                              Authority for This Rulemaking                                                                                 continues to read as follows:
                                                                                                      at Belle Fourche Municipal Airport,
                                                The FAA’s authority to issue rules                    Belle Fourche, SD; Madison Municipal                    Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                              regarding aviation safety is found in                   Airport, Madison, SD; Mobridge                        40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                              Title 49 of the United States Code.                     Municipal Airport, Mobridge, SD; and                  1959–1963 Comp., p. 389.
                                              Subtitle I, Section 106 describes the                   Harold Davidson Field, Vermillion, SD.                § 71.1       [Amended]
                                              authority of the FAA Administrator.                     Airspace reconfiguration is necessary
                                              Subtitle VII, Aviation Programs,                                                                              ■ 2. The incorporation by reference in
                                                                                                      due to the decommissioning of NDBs
                                              describes in more detail the scope of the                                                                     14 CFR 71.1 of FAA Order 7400.9Z,
                                                                                                      and/or the cancellation of the NDB
                                              agency’s authority. This rulemaking is                                                                        Airspace Designations and Reporting
                                                                                                      approach at each airport. As a result of
                                              promulgated under the authority                                                                               Points, dated August 6, 2015, and
                                                                                                      advances in GPS capabilities, controlled
                                              described in Subtitle VII, Part A,                                                                            effective September 15, 2015, is
                                                                                                      airspace is redesigned for the safety and
                                              Subpart I, Section 40103. Under that                                                                          amended as follows:
                                                                                                      management of the standard instrument
                                              section, the FAA is charged with                        approach procedures for IFR operations                Paragraph 6005 Class E Airspace Areas
                                              prescribing regulations to assign the use               at the airports.                                      Extending Upward from 700 Feet or More
                                              of airspace necessary to ensure the                                                                           Abovethe Surface of the Earth
                                                                                                      Regulatory Notices and Analyses
sradovich on DSK3TPTVN1PROD with RULES




                                              safety of aircraft and the efficient use of
                                                                                                                                                            *        *      *    *   *
                                              airspace. This regulation is within the                    The FAA has determined that this
                                              scope of that authority as it amends                    regulation only involves an established               AGL SD E5 Belle Fourche, SD [Amended]
                                              Class E airspace at Belle Fourche                       body of technical regulations for which               Belle Fourche Municipal Airport, SD
                                              Municipal Airport, Belle Fourche, SD;                   frequent and routine amendments are                     (Lat. 44°44′04″ N., long. 103°51′43″ W.)
                                              Madison Municipal Airport, Madison,                     necessary to keep them operationally                    That airspace extending upward from 700
                                              SD; Mobridge Municipal Airport,                         current, is non-controversial and                     feet above the surface within an 6.4-mile



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                                              34882             Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations

                                              radius of Belle Fourche Municipal Airport,              to persons who qualified for temporary                certification program and the penalties
                                              and within 1 mile each side of the 142°                 certification. The program established                for violating the Act, and set out an
                                              bearing from Belle Fourche Municipal                    under this final rule contains some                   interim fee schedule for the program.
                                              Airport extending from the 6.4 mile radius to           changes from the proposed rule                        NTIS published the interim final rule in
                                              7 miles southeast of the airport.
                                                                                                      published by NTIS.                                    order to provide a mechanism for
                                              *      *     *       *      *                           DATES: This final rule is effective                   Persons to access LADMF immediately
                                              AGL SD E5 Madison, SD [Amended]                         November 28, 2016.                                    on the effective date prescribed in the
                                              Madison Municipal Airport, SD                           FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                            Act. Written comments received in
                                                (Lat. 44°00′59″ N., long. 97°05′08″ W.)               Brian Lieberman, Senior Counsel for                   response to the Interim Final Rule may
                                                 That airspace extending upward from 700              NTIS, at blieberman@ntis.gov, or by                   be viewed at http://
                                              feet above the surface within a 6.5-mile                telephone at 703–605–6404. Information                www.regulations.gov.
                                              radius of Madison Municipal Airport, and                                                                         The preambles for both the RFI and
                                                                                                      about the DMF made available to the
                                              within 2 miles each side of the 334° bearing                                                                  the interim final rule set out the specific
                                                                                                      public by NTIS may be found at https://
                                              from the airport extending from the 6.5-mile                                                                  provisions of the Act, and also noted
                                                                                                      dmf.ntis.gov.
                                              radius to 10.5 miles northwest of the airport.                                                                that several Members of Congress
                                                                                                      SUPPLEMENTARY INFORMATION:                            described their understanding of the
                                              *      *     *       *      *
                                                                                                      Background                                            purpose and meaning of Section 203
                                              AGL SD E5 Mobridge, SD [Amended]                                                                              during Congressional debate on the Joint
                                              Mobridge Municipal Airport, SD                             This final rule is promulgated under               Resolution which became the Act.
                                                (Lat. 45°32′47″ N., long. 100°24′23″ W.)              Section 203 of the Bipartisan Budget Act              Citations to those Member statements
                                                That airspace extending upward from 700               of 2013, Public Law 113–67 (Act),                     were provided in the RFI, which also
                                              feet above the surface within a 6.5-mile                passed into law on December 26, 2013.                 provided background on the component
                                              radius of Mobridge Municipal Airport.                   The Act prohibits the Secretary of                    of the DMF, which originates from the
                                              *      *     *       *      *                           Commerce (Secretary) from disclosing                  Social Security Administration, covered
                                                                                                      DMF information during the three-                     by Section 203. The interim final rule
                                              AGL SD E5 Vermillion, SD [Amended]                      calendar-year period following an                     was established to provide immediate
                                              Harold Davidson Field, SD                               individual’s death (referred to as the
                                                (Lat. 42°45′55″ N., long. 96°56′03″ W.)
                                                                                                                                                            access to the LADMF to those users who
                                                                                                      ‘‘Limited Access DMF,’’ or ‘‘LADMF’’),                demonstrated a legitimate fraud
                                                That airspace extending upward from 700               unless the person requesting the                      prevention interest, or a legitimate
                                              feet above the surface within a 6.4-mile                information has been certified to access
                                              radius of Harold Davidson Field.                                                                              business purpose for the information,
                                                                                                      that information pursuant to certain                  and to otherwise delay the release of the
                                                Issued in Fort Worth, Texas, on May 18,
                                                                                                      criteria in a program that the Secretary              LADMF to all other users, thereby
                                              2016.                                                   establishes. The Act further requires the             reducing opportunities for identity theft
                                              Walter Tweedy,
                                                                                                      Secretary to establish a fee-based                    and restricting information sources used
                                                                                                      program to certify Persons for access to              to file fraudulent tax returns.
                                              Acting Manager, Operations Support Group,
                                              ATO Central Service Center.
                                                                                                      LADMF. In addition, it provides for                      In addition, in December, 2014, NTIS
                                                                                                      penalties for Persons who receive or                  issued an initial public draft of ‘‘Limited
                                              [FR Doc. 2016–12638 Filed 5–31–16; 8:45 am]
                                                                                                      distribute LADMF without being                        Access Death Master File (Limited
                                              BILLING CODE 4910–13–P
                                                                                                      certified or otherwise satisfying the                 Access DMF) Certification Program
                                                                                                      requirements of the Act. The Secretary                Publication 100,’’ (Publication 100),
                                                                                                      has delegated the authority to carry out              available at https://dmf.ntis.gov.
                                              DEPARTMENT OF COMMERCE                                  Section 203 to the Director of NTIS.                  Publication 100 is the NTIS security
                                                                                                         The Act mandated that no person                    guideline document for persons
                                              National Technical Information Service                  could receive LADMF without                           certified under this final rule.
                                                                                                      certification after March 26, 2014 (i.e.,             Publication 100 sets forth suggested
                                              15 CFR Part 1110                                        90 days from enactment of the Act).                   security controls, standards and
                                              [Docket Number: 160511004–4999–04]                      NTIS acted promptly to ensure that a                  protocols for the protection of LADMF
                                                                                                      suitable certification program was in                 in the possession of Certified Persons.
                                              RIN 0692–AA21                                           place by that date, and to avoid                         On December 30, 2014, NTIS
                                              Certification Program for Access to the                 interruption of access by legitimate                  published the proposed rule (79 FR
                                              Death Master File                                       users of the data. On March 3, 2014,                  78314). The proposed rule introduced
                                                                                                      NTIS published a Request for                          changes, clarifications and additions to
                                              AGENCY:  National Technical Information                 Information (RFI) and Advance Notice                  the interim final rule, based in part
                                              Service, U.S. Department of Commerce.                   of Public Meeting on the Certification                upon comments received. For example,
                                              ACTION: Final rule.                                     Program for Access to the Death Master                the proposed rule introduced a ‘‘safe
                                                                                                      File (79 FR 11735). NTIS held the public              harbor’’ provision, § 1110.103, which
                                              SUMMARY:    The National Technical                      meeting, with webcast, on March 4,                    would exempt a Certified Person from
                                              Information Service (NTIS) issues this                  2014. Written comments received in                    penalty for disclosure of LADMF to
                                              final rule establishing a program                       response to the RFI, and a transcription              another Certified Person. The proposed
                                              through which persons may become                        of oral comments submitted at the                     rule set forth a provision for review,
                                              eligible to obtain access to Death Master               public meeting, may be viewed at                      assessment, audit and attestation of a
                                              File (DMF) information about an                         https://dmf.nist.gov.                                 Person’s information and information
sradovich on DSK3TPTVN1PROD with RULES




                                              individual within three years of that                      On March 26, 2014, NTIS published                  security controls by independent, third
                                              individual’s death. This final rule                     an interim final rule, ‘‘Temporary                    party conformity assessment bodies.
                                              supersedes and replaces the interim                     Certification Program for Access to the               Section 1110.201 of the proposed rule
                                              final rule that NTIS promulgated                        Death Master File’’ (interim final rule)              would permit Certified Persons to
                                              following passage of Section 203 of the                 (79 FR 16668). That rule codified an                  provide the attestation of an
                                              Bipartisan Budget Act of 2013 to                        interim approach to implementing the                  ‘‘Accredited Certification Body’’ (as
                                              provide immediate and ongoing access                    Act’s provisions pertaining to the                    defined in § 1110.2) concerning the


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Document Created: 2018-02-08 07:27:37
Document Modified: 2018-02-08 07:27:37
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, September 15, 2016. 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.
ContactJeffrey Claypool, Federal Aviation Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX, 76177; telephone (817) 222-5711.
FR Citation81 FR 34880 
CFR AssociatedAirspace; Incorporation by Reference and Navigation (air)

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