81_FR_62987 81 FR 62810 - Modification of Class D Airspace; Peru, IN

81 FR 62810 - Modification of Class D Airspace; Peru, IN

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 177 (September 13, 2016)

Page Range62810-62811
FR Document2016-21709

This action modifies Class D airspace at Grissom Army Reserve Base (ARB), IN, to allow for a lower Circling Minimum Descent Altitude, where Instrument Flight Rules Category E circling procedures are being used. This action increases the area of the existing controlled airspace for Grissom ARB, IN. Additionally, this action will add Peru, Grissom ARB, IN to the subtitle of the airspace designation.

Federal Register, Volume 81 Issue 177 (Tuesday, September 13, 2016)
[Federal Register Volume 81, Number 177 (Tuesday, September 13, 2016)]
[Rules and Regulations]
[Pages 62810-62811]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21709]


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

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-6006; Airspace Docket No. 15-AGL-3]


Modification of Class D Airspace; Peru, IN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action modifies Class D airspace at Grissom Army Reserve 
Base (ARB), IN, to allow for a lower Circling Minimum Descent Altitude, 
where Instrument Flight Rules Category E circling procedures are being 
used. This action increases the area of the existing controlled 
airspace for Grissom ARB, IN. Additionally, this action will add Peru, 
Grissom ARB, IN to the subtitle of the airspace designation.

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 on line 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 
this material at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Rebecca Shelby, Central Service 
Center, Operations Support Group, Federal Aviation Administration, 
Southwest Region, 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 modifies Class D airspace at Grissom ARB, Peru, IN.

History

    On June 6, 2016, the FAA published in the Federal Register a notice 
of proposed rulemaking (NPRM) to modify Class D Airspace to allow for a 
lower Circling Minimum Descent Altitude at Grissom Air Reserve Base 
(ARB), IN (81 FR 36214) FAA-2016-6006. Interested parties were invited 
to participate in this rulemaking effort by submitting written comments 
on the proposal to the FAA. No comments were received.
    Class D airspace areas are published in paragraph 5000 of FAA Order 
7400.9Z, dated August 6, 2016, and effective September 15, 2015, which 
is incorporated by reference in 14 CFR 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 modifies FAA Order 7400.9Z, Airspace Designations and 
Reporting Points, dated August 6, 2016, 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 action modifies Title 14, Code of Federal Regulations (14 
CFR), Part 71 by modifying Class D airspace at Grissom ARB, IN, to 
within a 5.8-mile radius of the airport. This increase will allow for a 
lower Circling Minimum Descent Altitude, where Instrument Flight Rules 
Category E circling procedures are being used. Also, this action adds 
Peru, Grissom Air Reserve Base, IN, to the subtitle of the airspace 
designation. Controlled airspace is needed for the safety and 
management of IFR operations at the airport.
    Class D airspace areas are published in paragraph 5000 of FAA Order 
7400.9Z, dated August 6, 2016, and effective September 15, 2015, which 
is incorporated by reference in 14 CFR 71.1. The Class E airspace 
designation listed in this document will be published subsequently in 
the Order.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current, 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 will only affect air traffic procedures and air navigation, it is 
certified that this rule, when promulgated, would 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 5-6.5a. This airspace action is not expected to 
cause any potentially significant environmental impacts, and no 
extraordinary circumstances exists that warrant preparation of an 
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

[[Page 62811]]

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 14 CFR 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, 2016, and 
effective September 15, 2015, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AGL IN D Grissom ARB, IN [Amended]

Peru, Grissom Air Reserve Base, IN
    (Lat. 40[deg]38'53'' N., long. 086[deg]09'08'' W.)

    That airspace extending upward from the surface to and including 
3,300 feet MSL within a 5.8 mile radius of Grissom ARB. This Class D 
airspace is effective during the specific dates and times 
established in advance by a Notice to Airmen. The effective date and 
time will thereafter be continuously published in the Chart 
Supplement.

    Issued in Fort Worth, TX, on August 30, 2016.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2016-21709 Filed 9-12-16; 8:45 am]
BILLING CODE 4910-13-P



                                           62810            Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Rules and Regulations

                                             As described in this Federal Register                 published yearly and effective on                     The Rule
                                           document, the current distribution of                   September 15.
                                           domestic Dairy Board members in 12                                                                               This action modifies Title 14, Code of
                                                                                                   FOR FURTHER INFORMATION CONTACT:                      Federal Regulations (14 CFR), Part 71 by
                                           regions, as outlined in Section
                                                                                                   Rebecca Shelby, Central Service Center,               modifying Class D airspace at Grissom
                                           1150.131(b) of the Dairy Order, will be
                                                                                                   Operations Support Group, Federal                     ARB, IN, to within a 5.8-mile radius of
                                           maintained.
                                                                                                   Aviation Administration, Southwest                    the airport. This increase will allow for
                                             Dated: September 7, 2016.                             Region, 10101 Hillwood Parkway, Fort                  a lower Circling Minimum Descent
                                           Dana Coale,                                             Worth, TX 76177; telephone: 817–222–                  Altitude, where Instrument Flight Rules
                                           Associate Administrator.                                5857.                                                 Category E circling procedures are being
                                           [FR Doc. 2016–21841 Filed 9–12–16; 8:45 am]
                                                                                                   SUPPLEMENTARY INFORMATION:
                                                                                                                                                         used. Also, this action adds Peru,
                                           BILLING CODE 3410–02–P                                                                                        Grissom Air Reserve Base, IN, to the
                                                                                                   Authority for This Rulemaking                         subtitle of the airspace designation.
                                                                                                                                                         Controlled airspace is needed for the
                                                                                                     The FAA’s authority to issue rules                  safety and management of IFR
                                           DEPARTMENT OF TRANSPORTATION                            regarding aviation safety is found in                 operations at the airport.
                                           Federal Aviation Administration                         Title 49 of the United States Code.
                                                                                                                                                            Class D airspace areas are published
                                                                                                   Subtitle I, Section 106 describes the
                                                                                                                                                         in paragraph 5000 of FAA Order
                                           14 CFR Part 71                                          authority of the FAA Administrator.
                                                                                                                                                         7400.9Z, dated August 6, 2016, and
                                                                                                   Subtitle VII, Aviation Programs,
                                                                                                                                                         effective September 15, 2015, which is
                                           [Docket No. FAA–2016–6006; Airspace                     describes in more detail the scope of the
                                                                                                                                                         incorporated by reference in 14 CFR
                                           Docket No. 15–AGL–3]                                    agency’s authority. This rulemaking is
                                                                                                                                                         71.1. The Class E airspace designation
                                                                                                   promulgated under the authority
                                           Modification of Class D Airspace; Peru,                                                                       listed in this document will be
                                                                                                   described in Subtitle VII, Part, A,
                                           IN                                                                                                            published subsequently in the Order.
                                                                                                   Subpart I, Section 40103. Under that
                                           AGENCY:  Federal Aviation                               section, the FAA is charged with                      Regulatory Notices and Analyses
                                           Administration (FAA), DOT.                              prescribing regulations to assign the use
                                                                                                   of airspace necessary to ensure the                      The FAA has determined that this
                                           ACTION: Final rule.                                                                                           regulation only involves an established
                                                                                                   safety of aircraft and the efficient use of
                                                                                                   airspace. This regulation is within the               body of technical regulations for which
                                           SUMMARY:   This action modifies Class D                                                                       frequent and routine amendments are
                                           airspace at Grissom Army Reserve Base                   scope of that authority as it modifies
                                                                                                   Class D airspace at Grissom ARB, Peru,                necessary to keep them operationally
                                           (ARB), IN, to allow for a lower Circling                                                                      current, is non-controversial and
                                           Minimum Descent Altitude, where                         IN.
                                                                                                                                                         unlikely to result in adverse or negative
                                           Instrument Flight Rules Category E                      History                                               comments. It, therefore: (1) Is not a
                                           circling procedures are being used. This                                                                      ‘‘significant regulatory action’’ under
                                           action increases the area of the existing                  On June 6, 2016, the FAA published                 Executive Order 12866; (2) is not a
                                           controlled airspace for Grissom ARB,                    in the Federal Register a notice of                   ‘‘significant rule’’ under DOT
                                           IN. Additionally, this action will add                  proposed rulemaking (NPRM) to modify                  Regulatory Policies and Procedures (44
                                           Peru, Grissom ARB, IN to the subtitle of                Class D Airspace to allow for a lower                 FR 11034; February 26, 1979); and (3)
                                           the airspace designation.                               Circling Minimum Descent Altitude at                  does not warrant preparation of a
                                           DATES: Effective 0901 UTC, November                     Grissom Air Reserve Base (ARB), IN (81                regulatory evaluation as the anticipated
                                           10, 2016. The Director of the Federal                   FR 36214) FAA–2016–6006. Interested                   impact is so minimal. Since this is a
                                           Register approves this incorporation by                 parties were invited to participate in                routine matter that will only affect air
                                           reference action under title 1, Code of                 this rulemaking effort by submitting                  traffic procedures and air navigation, it
                                           Federal Regulations, part 51, subject to                written comments on the proposal to the               is certified that this rule, when
                                           the annual revision of FAA Order                        FAA. No comments were received.                       promulgated, would not have a
                                           7400.9 and publication of conforming                       Class D airspace areas are published               significant economic impact on a
                                           amendments.                                             in paragraph 5000 of FAA Order                        substantial number of small entities
                                           ADDRESSES:   FAA Order 7400.9Z,                         7400.9Z, dated August 6, 2016, and                    under the criteria of the Regulatory
                                           Airspace Designations and Reporting                     effective September 15, 2015, which is                Flexibility Act.
                                           Points, and subsequent amendments can                   incorporated by reference in 14 CFR
                                                                                                                                                         Environmental Review
                                           be viewed on line at http://                            71.1. The Class E airspace designation
                                           www.faa.gov/air_traffic/publications/.                  listed in this document will be                          The FAA has determined that this
                                           For further information, you can contact                published subsequently in the Order.                  action qualifies for categorical exclusion
                                           the Airspace Policy Group, Federal                      Availability and Summary of                           under the National Environmental
                                           Aviation Administration, 800                            Documents for Incorporation by                        Policy Act in accordance with FAA
                                           Independence Avenue SW.,                                Reference                                             Order 1050.1F, ‘‘Environmental
                                           Washington, DC 20591; telephone: 202–                                                                         Impacts: Policies and Procedures,’’
                                           267–8783. The Order is also available                      This document modifies FAA Order                   paragraph 5–6.5a. This airspace action
                                           for inspection at the National Archives                 7400.9Z, Airspace Designations and                    is not expected to cause any potentially
                                           and Records Administration (NARA).                      Reporting Points, dated August 6, 2016,               significant environmental impacts, and
                                           For information on the availability of                  and effective September 15, 2015. FAA                 no extraordinary circumstances exists
Lhorne on DSK30JT082PROD with RULES




                                           this material at NARA, call 202–741–                    Order 7400.9Z is publicly available as                that warrant preparation of an
                                           6030, or go to http://www.archives.gov/                 listed in the ADDRESSES section of this               environmental assessment.
                                           federal_register/code_of_federal-                       document. FAA Order 7400.9Z lists                     List of Subjects in 14 CFR Part 71
                                           regulations/ibr_locations.html.                         Class A, B, C, D, and E airspace areas,
                                             FAA Order 7400.9, Airspace                            air traffic service routes, and reporting              Airspace, Incorporation by reference,
                                           Designations and Reporting Points, is                   points.                                               Navigation (air).


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                                                            Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Rules and Regulations                                           62811

                                           Adoption of the Amendment                                  effectivity. Consequently, a section of               operating along the north shore of Long
                                             In consideration of the foregoing, the                   the pertinent regulation was relocated in             Island, New York. The final rule
                                           Federal Aviation Administration                            Title 14, Code of Federal Regulations                 extended the expiration date of the
                                           amends 14 CFR part 71 as follows:                          and all remaining provisions of the                   applicability, rather than the effectivity,
                                                                                                      regulation inadvertently expired.                     to August 6, 2020. Consequently, that
                                           PART 71—DESIGNATION OF CLASS A,                            However, the entire regulation was                    error in the final rule resulted in the
                                           B, C, D, AND E AIRSPACE AREAS; AIR                         intended to be extended for four years                inadvertent removal of Subpart H of part
                                           TRAFFIC SERVICE ROUTES; AND                                in the final rule published on July 25,               93 of Title 14, Code of Federal
                                           REPORTING POINTS                                           2016 (Doc. No. 2016–17427, 81 FR                      Regulations (14 CFR). This final rule
                                                                                                      48323), which became effective on                     corrects that error and reinstates the
                                           ■ 1. The authority citation for 14 CFR                     August 7, 2016.                                       provisions of Subpart H, extending
                                           Part 71 continues to read as follows:                      DATES: This action becomes effective on               those provisions to August 6, 2020.
                                             Authority: 49 U.S.C. 106(f), 106(g); 40103,              September 13, 2016.                                   Technical Amendment
                                           40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,               FOR FURTHER INFORMATION CONTACT: For
                                           1959–1963 Comp., p. 389.                                   technical questions concerning this                     This technical amendment will
                                                                                                      action, contact Kenneth Ready, Airspace               correct the current error of § 93.101
                                           § 71.1       [Amended]                                                                                           being moved to Subpart G, § 93.103
                                                                                                      and Rules Team, AJV–113, Federal
                                           ■ 2. The incorporation by reference in                     Aviation Administration, 800                          expiring, and Subpart H being reserved.
                                           14 CFR 71.1 of FAA Order 7400.9Z,                          Independence Avenue SW.,                              Because this action results in no further
                                           Airspace Designations and Reporting                        Washington, DC 20591; telephone (202)                 substantive change to 14 CFR part 93,
                                           Points, dated August 6, 2016, and                          267–3396; email kenneth.ready@                        we find good cause exists under 5
                                           effective September 15, 2015, is                           faa.gov.                                              U.S.C. 553(d)(3) to make this technical
                                           amended as follows:                                                                                              amendment effective in less than 30
                                                                                                      SUPPLEMENTARY INFORMATION:                            days and upon its publication in the
                                           Paragraph 5000         Class D Airspace.                   Good Cause for Immediate Adoption                     Federal Register.
                                           *        *      *       *      *                           Without Prior Notice                                  List of Subjects in 14 CFR Part 93
                                           AGL IN D Grissom ARB, IN [Amended]                            Section 553(b)(3)(B) of the                         Air traffic control, Airspace,
                                           Peru, Grissom Air Reserve Base, IN                         Administrative Procedure Act (APA) (5                 Navigation (air).
                                             (Lat. 40°38′53″ N., long. 086°09′08″ W.)                 U.S.C. 551 et seq.) authorizes agencies
                                             That airspace extending upward from the                  to dispense with notice and comment                   The Amendment
                                           surface to and including 3,300 feet MSL                    procedures for rules when the agency                    In consideration of the foregoing, the
                                           within a 5.8 mile radius of Grissom ARB.                   for ‘‘good cause’’ finds that those                   Federal Aviation Administration
                                           This Class D airspace is effective during the              procedures are ‘‘impracticable,                       amends chapter I of Title 14 of the Code
                                           specific dates and times established in                    unnecessary, or contrary to the public
                                           advance by a Notice to Airmen. The effective                                                                     of Federal Regulations as follows:
                                                                                                      interest.’’ Under this section, an agency,
                                           date and time will thereafter be continuously              upon finding good cause, may issue a
                                           published in the Chart Supplement.                                                                               PART 93—SPECIAL AIR TRAFFIC
                                                                                                      final rule without seeking comment                    RULES
                                             Issued in Fort Worth, TX, on August 30,                  prior to the rulemaking.
                                           2016.                                                         Section 553(d)(3) of the                           ■ 1. The authority citation for part 93
                                           Walter Tweedy,                                             Administrative Procedure Act requires                 continues to read as follows:
                                           Acting Manager, Operations Support Group,                  that agencies publish a rule not less
                                           ATO Central Service Center.                                than 30 days before its effective date,                 Authority: 49 U.S.C. 106(g), 40103, 40106,
                                           [FR Doc. 2016–21709 Filed 9–12–16; 8:45 am]                except as otherwise provided by the                   40109, 40113, 44502, 44514, 44701, 44715,
                                                                                                                                                            44719, 46301.
                                           BILLING CODE 4910–13–P                                     agency for good cause found and
                                                                                                      published with the final rule.                        ■ 2. Add subpart H consisting of
                                                                                                         This document is correcting an error               § 93.103 to read as follows:
                                           DEPARTMENT OF TRANSPORTATION                               that is in 14 CFR part 93. This
                                                                                                      correction will not impose any                        Subpart H—Mandatory Use of the New
                                           Federal Aviation Administration                            additional restrictions on the persons                York North Shore Helicopter Route
                                                                                                      affected by these regulations.
                                           14 CFR Part 93                                                                                                   § 93.103   Helicopter operations.
                                                                                                      Furthermore, any additional delay in
                                           [Docket No. FAA–2010–0302; Amdt. No. 93–                   making the regulations correct would be                  (a) Unless otherwise authorized, each
                                           101]                                                       contrary to the public interest.                      person piloting a helicopter along Long
                                                                                                      Accordingly, the FAA finds that (i)                   Island, New York’s northern shoreline
                                           RIN 2120–AK84                                                                                                    between the VPLYD waypoint and
                                                                                                      public comment on these standards
                                                                                                      prior to promulgation is unnecessary,                 Orient Point, shall utilize the North
                                           Extension of the Requirement for
                                                                                                      and (ii) good cause exists to make this               Shore Helicopter route and altitude, as
                                           Helicopters To Use the New York North
                                                                                                      rule effective in less than 30 days and               published.
                                           Shore Helicopter Route; Technical
                                                                                                      upon its publication in the Federal                      (b) Pilots may deviate from the route
                                           Amendment
                                                                                                      Register.                                             and altitude requirements of paragraph
                                           AGENCY:  Federal Aviation                                                                                        (a) of this section when necessary for
                                           Administration, DOT.                                       Background                                            safety, weather conditions or
Lhorne on DSK30JT082PROD with RULES




                                           ACTION: Final rule; technical                                 On July 25, 2016, the FAA published                transitioning to or from a destination or
                                           amendment.                                                 a final rule extending the requirement                point of landing.
                                                                                                      an additional four years for pilots
                                                                                                                                                            § 93.101   [Transferred to Subpart H]
                                           SUMMARY:  The FAA is correcting an                         operating civil helicopters under Visual
                                           error, whereby the applicability of a                      Flight Rules (VFR) to use the New York                ■ 3. Transfer § 93.101 from subpart G to
                                           regulation was extended instead of its                     North Shore Helicopter Route when                     subpart H.


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Document Created: 2018-02-09 13:16:40
Document Modified: 2018-02-09 13:16:40
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, Central Service Center, Operations Support Group, Federal Aviation Administration, Southwest Region, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone: 817-222-5857.
FR Citation81 FR 62810 
CFR AssociatedAirspace; Incorporation by Reference and Navigation (air)

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