81_FR_52916 81 FR 52762 - Revocation of Class E Airspace; Lake Providence, LA

81 FR 52762 - Revocation of Class E Airspace; Lake Providence, LA

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 154 (August 10, 2016)

Page Range52762-52763
FR Document2016-18771

This action removes Class E airspace extending upward from 700 feet above the surface at Byerley Airport, Lake Providence, LA. The decommissioning of the non-directional radio beacon (NDB) and cancellation of Standard Instrument Approach Procedures have made this action necessary for continued safety and management within the National Airspace System.

Federal Register, Volume 81 Issue 154 (Wednesday, August 10, 2016)
[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Rules and Regulations]
[Pages 52762-52763]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18771]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-4236; Airspace Docket No. 16-ASW-5]


Revocation of Class E Airspace; Lake Providence, LA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action removes Class E airspace extending upward from 700 
feet above the surface at Byerley Airport, Lake Providence, LA. The 
decommissioning of the non-directional radio beacon (NDB) and 
cancellation of Standard Instrument Approach Procedures have made this 
action necessary for continued safety and management within the 
National Airspace System.

DATES: Effective 0901 UTC, November 10, 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: Rebecca Shelby, Federal Aviation 
Administration, Operations Support Group, Central Service Center, 10101 
Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5857.

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 Class E airspace at Byerley Airport, Lake Providence, LA.

History

    On April 22, 2016, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to remove Class E airspace 
extending upward from 700 feet above the surface at Byerley Airport, 
Lake Providence, LA. (81 FR 23660) Docket No. FAA-2016-4236. 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

[[Page 52763]]

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 removes the Class E airspace area extending upward from 700 
feet above the surface within a 6.3-mile radius of Byerley Airport, 
Lake Providence, LA. The controlled airspace is no longer necessary due 
to the decommissioning of the NDB and cancellation of the NDB approach 
at the airport.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current, 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 Above the Surface of the Earth.

* * * * *

ASW LA E5 Lake Providence, LA (Removed)

    Issued in Fort Worth, Texas, on July 28, 2016.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2016-18771 Filed 8-9-16; 8:45 am]
BILLING CODE 4910-13-P



                                           52762               Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Rules and Regulations

                                           impact is so minimal. Since this is a                      That airspace extending upward from 700               ADDRESSES:   FAA Order 7400.9Z,
                                           routine matter that only affects air traffic               feet above the surface within a 6.3-mile              Airspace Designations and Reporting
                                           procedures and air navigation, it is                       radius of Jackson Municipal Airport.                  Points, and subsequent amendments can
                                           certified that this rule, when                             *      *      *      *       *                        be viewed online at http://www.faa.gov/
                                           promulgated, does not have a significant                   AGL MN E5 Pipestone, MN [Amended]                     air_traffic/publications/. For further
                                           economic impact on a substantial                                                                                 information, you can contact the
                                                                                                      Pipestone Municipal Airport, MN
                                           number of small entities under the                           (Lat. 43°58′56″ N., long. 96°18′01″ W.)
                                                                                                                                                            Airspace Policy Group, Federal Aviation
                                           criteria of the Regulatory Flexibility Act.                                                                      Administration, 800 Independence
                                                                                                      That airspace extending upward from 700
                                                                                                      feet above the surface within a 6.5-mile
                                                                                                                                                            Avenue SW., Washington, DC 20591;
                                           Environmental Review
                                                                                                      radius of Pipestone Municipal Airport.                telephone: 202–267–8783. The Order is
                                              The FAA has determined that this                                                                              also available for inspection at the
                                                                                                      *      *      *      *       *
                                           action qualifies for categorical exclusion                                                                       National Archives and Records
                                           under the National Environmental                           AGL MN E5 Two Harbors, MN [Amended]                   Administration (NARA). For
                                           Policy Act in accordance with FAA                          Richard B. Helgeson Airport, MN                       information on the availability of FAA
                                           Order 1050.1F, ‘‘Environmental                               (Lat. 47°02′57″ N., long. 91°44′43″ W.)             Order 7400.9Z at NARA, call 202–741–
                                           Impacts: Policies and Procedures,’’                        That airspace extending upward from 700               6030, or go to http://www.archives.gov/
                                           paragraph 5–6.5.a. This airspace action                    feet above the surface within a 7-mile radius         federal_register/code_of_federal-
                                           is not expected to cause any potentially                   of Richard B. Helgeson Airport.                       regulations/ibr_locations.html.
                                           significant environmental impacts, and                     *      *      *      *       *                           FAA Order 7400.9, Airspace
                                           no extraordinary circumstances exist                                                                             Designations and Reporting Points, is
                                                                                                      AGL MN E5 Waseca, MN [Amended]
                                           that warrant preparation of an                                                                                   published yearly and effective on
                                                                                                      Waseca Municipal Airport, MN                          September 15.
                                           environmental assessment.                                    (Lat. 44°04′24″ N., long. 93°33′11″ W.)
                                                                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                           Lists of Subjects in 14 CFR Part 71                        That airspace extending upward from 700
                                                                                                      feet above the surface within a 6.3-mile
                                                                                                                                                            Rebecca Shelby, Federal Aviation
                                            Airspace, Incorporation by reference,                     radius of Waseca Municipal Airport.                   Administration, Operations Support
                                           Navigation (air).                                                                                                Group, Central Service Center, 10101
                                                                                                        Issued in Fort Worth, Texas, on August 1,           Hillwood Parkway, Fort Worth, TX
                                           Adoption of the Amendment                                  2016.
                                                                                                                                                            76177; telephone (817) 222–5857.
                                                                                                      Walter Tweedy,
                                             In consideration of the foregoing, the                                                                         SUPPLEMENTARY INFORMATION:
                                                                                                      Acting Manager, Operations Support Group,
                                           Federal Aviation Administration                            ATO Central Service Center.                           Authority for This Rulemaking
                                           amends 14 CFR part 71 as follows:                          [FR Doc. 2016–18764 Filed 8–9–16; 8:45 am]
                                                                                                                                                              The FAA’s authority to issue rules
                                                                                                      BILLING CODE 4910–13–P
                                           PART 71—DESIGNATION OF CLASS A,                                                                                  regarding aviation safety is found in
                                           B, C, D, AND E AIRSPACE AREAS; AIR                                                                               Title 49 of the United States Code.
                                           TRAFFIC SERVICE ROUTES; AND                                                                                      Subtitle I, Section 106 describes the
                                                                                                      DEPARTMENT OF TRANSPORTATION
                                           REPORTING POINTS                                                                                                 authority of the FAA Administrator.
                                                                                                      Federal Aviation Administration                       Subtitle VII, Aviation Programs,
                                           ■ 1. The authority citation for part 71                                                                          describes in more detail the scope of the
                                           continues to read as follows:                              14 CFR Part 71                                        agency’s authority. This rulemaking is
                                             Authority: 49 U.S.C. 106(f), 106(g); 40103,                                                                    promulgated under the authority
                                                                                                      [Docket No. FAA–2016–4236; Airspace                   described in Subtitle VII, Part A,
                                           40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                                                                                      Docket No. 16–ASW–5]                                  Subpart I, Section 40103. Under that
                                           1959–1963 Comp., p. 389.
                                                                                                                                                            section, the FAA is charged with
                                                                                                      Revocation of Class E Airspace; Lake
                                           § 71.1       [Amended]                                                                                           prescribing regulations to assign the use
                                                                                                      Providence, LA
                                                                                                                                                            of airspace necessary to ensure the
                                           ■ 2. The incorporation by reference in                     AGENCY:  Federal Aviation                             safety of aircraft and the efficient use of
                                           14 CFR 71.1 of FAA Order 7400.9Z,                          Administration (FAA), DOT.                            airspace. This regulation is within the
                                           Airspace Designations and Reporting                                                                              scope of that authority as it removes
                                                                                                      ACTION: Final rule.
                                           Points, dated August 6, 2015, and                                                                                Class E airspace at Byerley Airport, Lake
                                           effective September 15, 2015, is                           SUMMARY:  This action removes Class E                 Providence, LA.
                                           amended as follows:                                        airspace extending upward from 700
                                                                                                      feet above the surface at Byerley                     History
                                           Paragraph 6005 Class E Airspace Areas
                                           Extending Upward From 700 Feet or More                     Airport, Lake Providence, LA. The                       On April 22, 2016, the FAA published
                                           Above the Surface of the Earth.                            decommissioning of the non-directional                in the Federal Register a notice of
                                           *        *      *       *      *                           radio beacon (NDB) and cancellation of                proposed rulemaking (NPRM) to remove
                                                                                                      Standard Instrument Approach                          Class E airspace extending upward from
                                           AGL MN E5 Hutchinson, MN [Amended]                         Procedures have made this action                      700 feet above the surface at Byerley
                                           Hutchinson Municipal Airport-Butler Field,                 necessary for continued safety and                    Airport, Lake Providence, LA. (81 FR
                                                MN                                                    management within the National                        23660) Docket No. FAA–2016–4236.
                                             (Lat. 44°51′36″ N., long. 94°22′57″ W.)                  Airspace System.                                      Interested parties were invited to
                                           That airspace extending upward from 700                                                                          participate in this rulemaking effort by
                                                                                                      DATES: Effective 0901 UTC, November
                                           feet above the surface within a 6.6-mile
                                           radius of Hutchinson Municipal Airport-
                                                                                                      10, 2016. The Director of the Federal                 submitting written comments on the
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                                           Butler Field.                                              Register approves this incorporation by               proposal to the FAA. No comments
                                                                                                      reference action under Title 1, Code of               were received.
                                           *        *      *       *      *
                                                                                                      Federal Regulations, part 51, subject to                Class E airspace designations are
                                           AGL MN E5 Jackson, MN [Amended]                            the annual revision of FAA Order                      published in paragraph 6005 of FAA
                                           Jackson Municipal Airport, MN                              7400.9 and publication of conforming                  Order 7400.9Z, dated August 6, 2015,
                                             (Lat. 43°39′01″ N., long. 94°59′12″ W.)                  amendments.                                           and effective September 15, 2015, which


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                                                            Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Rules and Regulations                                         52763

                                           is incorporated by reference in 14 CFR                  Lists of Subjects in 14 CFR Part 71                     FOR FURTHER INFORMATION CONTACT:
                                           part 71.1. The Class E airspace                          Airspace, Incorporation by reference,                  Stuart A. Hindman, Trial Attorney,
                                           designation listed in this document will                Navigation (air).                                       Office of Aviation Enforcement and
                                           be published subsequently in the Order.                                                                         Proceedings, U.S. Department of
                                                                                                   Adoption of the Amendment                               Transportation, 1200 New Jersey Ave.
                                           Availability and Summary of
                                                                                                     In consideration of the foregoing, the                SE., Washington, DC 20590, 202–366–
                                           Documents for Incorporation by
                                                                                                   Federal Aviation Administration                         9342, 202–366–7152 (fax),
                                           Reference
                                                                                                   amends 14 CFR part 71 as follows:                       stuart.hindman@dot.gov (email).
                                              This document amends FAA Order                                                                               SUPPLEMENTARY INFORMATION:
                                           7400.9Z, Airspace Designations and                      PART 71—DESIGNATION OF CLASS A,
                                           Reporting Points, dated August 6, 2015,                                                                         I. Regulatory Information
                                                                                                   B, C, D, AND E AIRSPACE AREAS; AIR
                                           and effective September 15, 2015. FAA                   TRAFFIC SERVICE ROUTES; AND                                DOT is promulgating this interim
                                           Order 7400.9Z is publicly available as                  REPORTING POINTS                                        final rule to ensure that the maximum
                                           listed in the ADDRESSES section of this                                                                         civil penalty liability amounts set forth
                                           document. FAA Order 7400.9Z lists                       ■ 1. The authority citation for Part 71                 in 14 CFR part 383 that may be assessed
                                           Class A, B, C, D, and E airspace areas,                 continues to read as follows:                           by the Department as a result of
                                           air traffic service routes, and reporting                 Authority: 49 U.S.C. 106(f), 106(g); 40103,           violations of certain economic
                                           points.                                                 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,            provisions of Title 49 of the United
                                                                                                   1959–1963 Comp., p. 389.                                States Code reflect the statutorily
                                           The Rule
                                                                                                                                                           mandated maximums as adjusted for
                                             This amendment to Title 14, Code of                   § 71.1       [Amended]                                  inflation. Pursuant to section 701 of the
                                           Federal Regulations (14 CFR) part 71                    ■ 2. The incorporation by reference in                  Federal Civil Penalties Inflation
                                           removes the Class E airspace area                       14 CFR 71.1 of FAA Order 7400.9Z,                       Adjustment Act Improvements Act of
                                           extending upward from 700 feet above                    Airspace Designations and Reporting                     2015 (the 2015 Act), DOT is required to
                                           the surface within a 6.3-mile radius of                 Points, dated August 6, 2015, and                       promulgate a ‘‘catch-up adjustment’’
                                           Byerley Airport, Lake Providence, LA.                   effective September 15, 2015, is                        through an interim final rule. Public
                                           The controlled airspace is no longer                    amended as follows:                                     Law 114–74. The 2015 Act requires the
                                           necessary due to the decommissioning                                                                            Department to adjust certain civil
                                           of the NDB and cancellation of the NDB                  Paragraph 6005 Class E Airspace Areas                   penalty amounts and provides clear
                                           approach at the airport.                                Extending Upward From 700 Feet or More
                                                                                                                                                           direction for how to adjust the civil
                                                                                                   Above the Surface of the Earth.
                                           Regulatory Notices and Analyses                                                                                 penalties, which leaves the agency little
                                                                                                   *        *      *       *      *                        room for discretion. By operation of the
                                              The FAA has determined that this                     ASW LA E5           Lake Providence, LA                 2015 Act, DOT must publish the catch-
                                           regulation only involves an established                 (Removed)                                               up adjustment by July 1, 2016, and the
                                           body of technical regulations for which                                                                         new levels must take effect no later than
                                           frequent and routine amendments are                       Issued in Fort Worth, Texas, on July 28,              August 1, 2016. For these reasons,
                                           necessary to keep them operationally                    2016.
                                                                                                                                                           pursuant to the 2015 Act and 5 U.S.C.
                                           current, is non-controversial and                       Walter Tweedy,                                          553(b)(3)(B), 553(d)(3), DOT finds that
                                           unlikely to result in adverse or negative               Acting Manager, Operations Support Group,               good cause exists for immediate
                                           comments. It, therefore: (1) Is not a                   ATO Central Service Center.                             implementation of this interim final rule
                                           ‘‘significant regulatory action’’ under                 [FR Doc. 2016–18771 Filed 8–9–16; 8:45 am]              without prior notice and comment and
                                           Executive Order 12866; (2) is not a                     BILLING CODE 4910–13–P                                  with an immediate effective date.
                                           ‘‘significant rule’’ under DOT
                                           Regulatory Policies and Procedures (44                                                                          II. Background
                                           FR 11034; February 26, 1979); and (3)                   DEPARTMENT OF TRANSPORTATION                               On November 2, 2015, the President
                                           does not warrant preparation of a                                                                               signed into law the Federal Civil
                                           Regulatory Evaluation as the anticipated                Office of the Secretary                                 Penalties Inflation Adjustment Act
                                           impact is so minimal. Since this is a                                                                           Improvements Act of 2015, which
                                           routine matter that only affects air traffic            14 CFR Part 383                                         amended the Federal Civil Penalties
                                           procedures and air navigation, it is                    RIN 2105–AE51                                           Inflation Adjustment Act of 1990 (the
                                           certified that this rule, when                                                                                  Inflation Adjustment Act), to improve
                                           promulgated, does not have a significant                Revisions to Civil Penalty Amounts                      the effectiveness of civil monetary
                                           economic impact on a substantial                                                                                penalties and to maintain their deterrent
                                                                                                   AGENCY:  Office of the Secretary (OST),                 effect. The 2015 Act requires agencies
                                           number of small entities under the
                                                                                                   Department of Transportation (DOT).                     to: (1) Adjust the level of civil monetary
                                           criteria of the Regulatory Flexibility Act.
                                                                                                   ACTION: Interim final rule.                             penalties with an initial ‘‘catch-up’’
                                           Environmental Review                                                                                            adjustment through an interim final rule
                                              The FAA has determined that this                     SUMMARY:    In accordance with the
                                                                                                                                                           (IFR); and (2) make subsequent annual
                                           action qualifies for categorical exclusion              Federal Civil Penalties Inflation
                                                                                                                                                           adjustments for inflation.
                                           under the National Environmental                        Adjustment Act Improvements Act of                         The method of calculating inflation
                                           Policy Act in accordance with FAA                       2015, the Department of Transportation                  adjustments in the 2015 Act differs
                                           Order 1050.1F, ‘‘Environmental                          is issuing an interim final rule to adjust              substantially from the methods used in
                                           Impacts: Policies and Procedures,’’                     for inflation the maximum civil penalty                 past inflation adjustment rulemakings
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                                           paragraph 5–6.5.a. This airspace action                 amounts for violations of certain                       conducted pursuant to the Inflation
                                           is not expected to cause any potentially                aviation economic statutes and the rules                Adjustment Act. Previously,
                                           significant environmental impacts, and                  and orders issued pursuant to these                     adjustments to civil penalty amounts
                                           no extraordinary circumstances exist                    statutes.                                               were conducted under requirements
                                           that warrant preparation of an                          DATES:       The rule is effective August 10,           that mandated significant rounding of
                                           environmental assessment.                               2016.                                                   figures. For example, a penalty increase


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Document Created: 2016-08-10 01:59:25
Document Modified: 2016-08-10 01:59:25
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, November 10, 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.
ContactRebecca Shelby, Federal Aviation Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5857.
FR Citation81 FR 52762 
CFR AssociatedAirspace; Incorporation by Reference and Navigation (air)

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