82_FR_11859 82 FR 11822 - Establishment of Class E Airspace; Wessington Springs, SD

82 FR 11822 - Establishment of Class E Airspace; Wessington Springs, SD

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 37 (February 27, 2017)

Page Range11822-11823
FR Document2017-03543

This action establishes Class E airspace extending upward from 700 feet above the surface at Wessington Springs Airport, Wessington Springs, SD. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures developed at Wessington Springs Airport, for the safety and management of Instrument Flight Rules (IFR) operations at the airport.

Federal Register, Volume 82 Issue 37 (Monday, February 27, 2017) 
[Federal Register Volume 82, Number 37 (Monday, February 27, 2017)]
[Rules and Regulations]
[Pages 11822-11823]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03543]



[[Page 11822]]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-9193; Airspace Docket No. 16-AGL-26]


Establishment of Class E Airspace; Wessington Springs, SD

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes Class E airspace extending upward from 
700 feet above the surface at Wessington Springs Airport, Wessington 
Springs, SD. Controlled airspace is necessary to accommodate new 
Standard Instrument Approach Procedures developed at Wessington Springs 
Airport, for the safety and management of Instrument Flight Rules (IFR) 
operations at the airport.

DATES: Effective 0901 UTC, April 27, 2017. 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 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11A, 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 7400.11A at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, 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 establishes Class E airspace at Wessington Springs Airport, 
Wessington Springs, SD.

History

    On November 16, 2016, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to establish Class E Airspace 
extending upward from 700 feet above the surface at Wessington Springs 
Airport, Wessington Springs, SD (81FR 80618) FAA-2016-9193. 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 7400.11A, dated August 3, 2016, and effective September 15, 
2016, which is incorporated by reference in 14 CFR 71.1. The Class E 
airspace designations listed in this document will be published 
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11A, Airspace Designations and 
Reporting Points, dated August 3, 2016, and effective September 15, 
2016. FAA Order 7400.11A is publicly available as listed in the 
ADDRESSES section of this document. FAA Order 7400.11A 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 establishes Class E airspace extending upward from 700 feet 
above the surface within a 6.5-mile radius of Wessington Springs 
Airport, Wessington Springs, SD, to accommodate new standard instrument 
approach procedures. Controlled airspace is needed for the safety and 
management of IFR operations at the airport.
    Class E airspace areas are published in Section 6005 of FAA Order 
7400.11A, dated August 3, 2016, and effective September 15, 2016, 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 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 5-6.5a. 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 7400.11A, 
Airspace Designations and Reporting Points, dated August 3, 2016, and

[[Page 11823]]

effective September 15, 2016, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700 
Feet or More Above the Surface of the Earth.

* * * * *

AGL SD E5 Wessington Springs, SD [New]

Wessington Springs Airport, SD
    (Lat. 44[deg]03'43'' N., long. 098[deg]31'56'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.5-mile radius of Wessington Springs Airport

    Issued in Fort Worth, Texas, on February 9, 2017.
Vonnie L. Royal,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2017-03543 Filed 2-24-17; 8:45 am]
 BILLING CODE 4910-13-P

11822 Federal Register / Vol. 82, No. 37 / Monday, February 27, 2017 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Subtitle I, Section 106 describes the incorporated by reference in 14 CFR authority of the FAA Administrator. 71.1. The Class E airspace designation Federal Aviation Administration Subtitle VII, Aviation Programs, listed in this document will be describes in more detail the scope of the published subsequently in the Order. 14 CFR Part 71 agency’s authority. This rulemaking is Regulatory Notices and Analyses [Docket No. FAA–2016–9193; Airspace promulgated under the authority Docket No. 16–AGL–26] described in Subtitle VII, Part A, The FAA has determined that this Subpart I, Section 40103. Under that regulation only involves an established Establishment of Class E Airspace; section, the FAA is charged with body of technical regulations for which Wessington Springs, SD prescribing regulations to assign the use frequent and routine amendments are of airspace necessary to ensure the necessary to keep them operationally AGENCY: Federal Aviation safety of aircraft and the efficient use of current, is non-controversial and Administration (FAA), DOT. airspace. This regulation is within the unlikely to result in adverse or negative ACTION: Final rule. scope of that authority as it establishes comments. It, therefore: (1) Is not a Class E airspace at Wessington Springs ‘‘significant regulatory action’’ under SUMMARY: This action establishes Class Executive Order 12866; (2) is not a Airport, Wessington Springs, SD. E airspace extending upward from 700 ‘‘significant rule’’ under DOT feet above the surface at Wessington History Regulatory Policies and Procedures (44 Springs Airport, Wessington Springs, On November 16, 2016, the FAA FR 11034; February 26, 1979); and (3) SD. Controlled airspace is necessary to published in the Federal Register a does not warrant preparation of a accommodate new Standard Instrument notice of proposed rulemaking (NPRM) Regulatory Evaluation as the anticipated Approach Procedures developed at to establish Class E Airspace extending impact is so minimal. Since this is a Wessington Springs Airport, for the upward from 700 feet above the surface routine matter that only affects air traffic safety and management of Instrument at Wessington Springs Airport, procedures and air navigation, it is Flight Rules (IFR) operations at the Wessington Springs, SD (81FR 80618) certified that this rule, when airport. FAA–2016–9193. Interested parties promulgated, does not have a significant DATES: Effective 0901 UTC, April 27, were invited to participate in this economic impact on a substantial 2017. The Director of the Federal rulemaking effort by submitting written number of small entities under the Register approves this incorporation by comments on the proposal to the FAA. criteria of the Regulatory Flexibility Act. reference action under Title 1, Code of No comments were received. Class E airspace designations are Environmental Review Federal Regulations, part 51, subject to the annual revision of FAA Order published in paragraph 6005 of FAA The FAA has determined that this 7400.11 and publication of conforming Order 7400.11A, dated August 3, 2016, action qualifies for categorical exclusion amendments. and effective September 15, 2016, which under the National Environmental ADDRESSES: FAA Order 7400.11A, is incorporated by reference in 14 CFR Policy Act in accordance with FAA Airspace Designations and Reporting 71.1. The Class E airspace designations Order 1050.1F, ‘‘Environmental Points, and subsequent amendments can listed in this document will be Impacts: Policies and Procedures,’’ be viewed online at http://www.faa.gov/ published subsequently in the Order. paragraph 5–6.5a. This airspace action air_traffic/publications/. For further Availability and Summary of is not expected to cause any potentially information, you can contact the Documents for Incorporation by significant environmental impacts, and Airspace Policy Group, Federal Aviation Reference no extraordinary circumstances exist Administration, 800 Independence that warrant preparation of an This document amends FAA Order environmental assessment. Avenue SW., Washington, DC 20591; 7400.11A, Airspace Designations and telephone: 202–267–8783. The Order is Lists of Subjects in 14 CFR Part 71 Reporting Points, dated August 3, 2016, also available for inspection at the and effective September 15, 2016. FAA Airspace, Incorporation by reference, National Archives and Records Order 7400.11A is publicly available as Navigation (air). Administration (NARA). For listed in the ADDRESSES section of this information on the availability of FAA Adoption of the Amendment document. FAA Order 7400.11A lists Order 7400.11A at NARA, call 202–741– Class A, B, C, D, and E airspace areas, In consideration of the foregoing, the 6030, or go to http://www.archives.gov/ air traffic service routes, and reporting Federal Aviation Administration federal_register/code_of_federal- points. amends 14 CFR part 71 as follows: regulations/ibr_locations.html. FAA Order 7400.11, Airspace The Rule PART 71—DESIGNATION OF CLASS A, Designations and Reporting Points, is This amendment to Title 14, Code of B, C, D, AND E AIRSPACE AREAS; AIR published yearly and effective on Federal Regulations (14 CFR) part 71 TRAFFIC SERVICE ROUTES; AND September 15. establishes Class E airspace extending REPORTING POINTS FOR FURTHER INFORMATION CONTACT: upward from 700 feet above the surface Rebecca Shelby, Federal Aviation within a 6.5-mile radius of Wessington ■ 1. The authority citation for part 71 Administration, Operations Support Springs Airport, Wessington Springs, continues to read as follows: Group, Central Service Center, 10101 SD, to accommodate new standard Authority: 49 U.S.C. 106(f), 106(g); 40103, Hillwood Parkway, Fort Worth, TX instrument approach procedures. 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, sradovich on DSK3GMQ082PROD with RULES 76177; telephone (817) 222–5857. Controlled airspace is needed for the 1959–1963 Comp., p. 389. SUPPLEMENTARY INFORMATION: safety and management of IFR § 71.1 [Amended] operations at the airport. Authority for This Rulemaking Class E airspace areas are published ■ 2. The incorporation by reference in The FAA’s authority to issue rules in Section 6005 of FAA Order 7400.11A, 14 CFR 71.1 of FAA Order 7400.11A, regarding aviation safety is found in dated August 3, 2016, and effective Airspace Designations and Reporting Title 49 of the United States Code. September 15, 2016, which is Points, dated August 3, 2016, and VerDate Sep<11>2014 16:46 Feb 24, 2017 Jkt 241001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\27FER1.SGM 27FER1

Federal Register / Vol. 82, No. 37 / Monday, February 27, 2017 / Rules and Regulations 11823 effective September 15, 2016, is See 81 FR 43338. The 2017 Valuation is critical for a number of reasons. First, amended as follows: Rule changes how lessees value their a postponement will avoid the Paragraph 6005 Class E Airspace Areas production for royalty purposes and substantial cost of retroactively Extending Upward From 700 Feet or More revises revenue-reporting requirements. correcting and verifying all revenue Above the Surface of the Earth. Although the 2017 Valuation Rule took reports if the 2017 Valuation Rule is effect on January 1, 2017, Federal and invalidated, in whole or in part, as a * * * * * Indian Lessees are not required to report result of the pending litigation. Federal AGL SD E5 Wessington Springs, SD [New] and pay royalties under the Rule until and Indian lessees affected by the 2017 Wessington Springs Airport, SD February 28, 2017. Under this Valuation Rule submit approximately (Lat. 44°03′43″ N., long. 098°31′56″ W.) notification, Lessees will not be 450,000 reporting lines every That airspace extending upward from 700 required to report and pay royalties production month. If the Court feet above the surface within a 6.5-mile under the Rule as of that date. invalidates the 2017 Valuation Rule, radius of Wessington Springs Airport On December 29, 2016, three separate affected lessees would be forced to Issued in Fort Worth, Texas, on February petitions were filed in the U.S. District correct and resubmit reporting lines for 9, 2017. Court for the District of Wyoming.1 The each production month that the Rule is Vonnie L. Royal, petitions allege that certain provisions in effect. ONRR would be required to Acting Manager, Operations Support Group, of the 2017 Valuation Rule are arbitrary, review and verify the same. Thus, ATO Central Service Center. capricious, and contrary to the law. On postponing the 2017 Valuation Rule will [FR Doc. 2017–03543 Filed 2–24–17; 8:45 am] February 17, 2017, the petitioners sent avoid forcing both the regulated the ONRR Director a letter requesting community and ONRR to perform the BILLING CODE 4910–13–P that ONRR postpone the complicated, time-consuming, and implementation of the 2017 Valuation costly task of correcting and verifying Rule. The petitioners claim that lessees revenue reports and payments if the DEPARTMENT OF THE INTERIOR affected by the Rule face significant 2017 Valuation Rule is invalidated as a hardship and uncertainty in the face of result of the pending litigation.2 Office of Natural Resources Revenue reporting under the rule for the first In addition, the postponement will time on February 28, 2017. The enhance the lessees’ ability to timely 30 CFR Parts 1202 and 1206 petitioners also claim that the new and accurately report and pay royalties [Docket No. ONRR–2012–0004; DS63644000 reporting and payment requirements in because they will be using a well-known DR2000000.CH7000 178D0102R2] the Rule are difficult, and in some cases system that has been in place for the last impossible, to comply with by the 25 years. ONRR has received numerous RIN 1012–AA13 royalty reporting deadline; a difficulty legitimate questions from lessees on Postponement of Effectiveness of the exacerbated by the fact that non- how to apply the 2017 Valuation Rule, Consolidated Federal Oil & Gas and compliant lessees may be exposed to some of which will require additional Federal & Indian Coal Valuation significant civil penalties. consideration and time before ONRR Reform 2017 Valuation Rule Under Section 705 of the can definitively answer them; thus Administrative Procedure Act ‘‘[w]hen increasing the likelihood that lessees AGENCY: Office of Natural Resources an agency finds that justice so requires, will initially report incorrectly and later Revenue (ONRR), Interior. it may postpone the effective date of need to adjust their reports. In addition, ACTION: Notification; postponement of action taken by it, pending judicial the Court may resolve some of these effectiveness. review.’’ 5 U.S.C. 705. In light of the issues differently than ONRR, again pending litigation, and for the following increasing the likelihood that lessees SUMMARY: On July 1, 2016, the Office of reasons, ONRR has concluded that will need to submit corrected reports. Natural Resources Revenue (ONRR) justice requires it to postpone the Given these judicial and administrative published the Consolidated Federal Oil effectiveness of the 2017 Valuation Rule uncertainties, relying on the previous & Gas and Federal & Indian Coal until the judicial challenges to the Rule regulatory system while the litigation is Valuation Final Rule (2017 Valuation are resolved. pending will reduce uncertainty and Rule or Rule) in the Federal Register. First, the postponement will preserve enhance ONRR’s ability to collect and On December 29, 2016, three separate the regulatory status quo while the verify natural resource revenues, which petitions challenging the 2017 Valuation litigation is pending and the Court is in the best interest of all those who Rule were filed in the United States decides whether to uphold the benefit from royalty payments, District Court for the District of regulation. While ONRR believes the including States, Tribes, individual Wyoming. In light of the existence and 2017 Valuation Rule was properly Indian lessors, and the general public. potential consequences of the pending promulgated, the petitioners have raised The United States will suffer no litigation, ONRR has concluded that serious questions concerning the significant harm from postponing the justice requires it to postpone the validity of certain provisions of the effectiveness of the 2017 Valuation Rule effectiveness of the 2017 Valuation Rule Rule, including the expansion of the while the litigation is pending. As noted pursuant to 5 U.S.C. 705 of the ‘‘default provision’’ and the use of the in the preamble to the final rule, the Administrative Procedure Act, pending sales price of electricity for certain coal- implementation of the Rule is not judicial review. royalty valuations. Given this legal expected to have a significant impact on DATES: February 27, 2017. uncertainty, maintaining the status quo sradovich on DSK3GMQ082PROD with RULES 2 Some lessees have likely converted their FOR FURTHER INFORMATION CONTACT: 1 Cloud Peak Energy, Inc. v. United States Dep’t accounting systems to report and pay royalties Peter Christnacht, Royalty Valuation of the Interior, Case No. 16CV315–F (D. Wyo.); under the new rule. While these lessees will incur team B, at 303–231–3651 or email to American Petroleum Inst. V. United States Dep’t a cost to revert back to the pre-existing system, the peter.christnacht@onrr.gov. of the Interior, Case No. 16CV316–F (D. Wyo.); Tri- cost of doing so now, before the first reporting State Generation and transmission Ass’n, Inc., period, will be much less than if the reversion is SUPPLEMENTARY INFORMATION: On July 1, Basin Electric Power Cooperative, and Western required later upon judicial order, and the lessee is 2016, ONRR published the 2017 Fuels-Wyoming, Inc., v. United States Dep’t of the required to correct its reporting for each month it Valuation Rule in the Federal Register. Interior, Case No. 16CV319–F (D. Wyo.) reported under the Rule. VerDate Sep<11>2014 16:46 Feb 24, 2017 Jkt 241001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\27FER1.SGM 27FER1


Document Created: 2017-02-25 01:05:40
Document Modified: 2017-02-25 01:05:40
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, April 27, 2017. 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 7400.11 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 Citation82 FR 11822 
CFR AssociatedAirspace; Incorporation by Reference and Navigation (air)
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR