82 FR 35649 - Amendment of Class D and E Airspace; Kenosha, WI
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 82, Issue 146 (August 1, 2017)
Federal Aviation Administration
Federal Register Volume 82, Issue 146 (August 1, 2017)
| Page Range | 35649-35651 | |
| FR Document | 2017-16098 |
[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)] [Rules and Regulations] [Pages 35649-35651] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16098] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2017-0210; Airspace Docket No. 17-AGL-10] Amendment of Class D and E Airspace; Kenosha, WI AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This action modifies Class D airspace, Class E airspace designated as a surface area, and Class E airspace extending upward from 700 feet above the surface, and removes Class E airspace designated as an extension of Class D airspace at Kenosha Regional Airport, Kenosha, WI. This action is required due to the decommissioning of the Kenosha VHF omnidirectional range (VOR), which provided navigation guidance for portions of the affected routes. This action enhances the safety and management of instrument flight rules (IFR) operations at the airport. Also, the airport name and geographic coordinates are adjusted in the Class E airspace extending upward from 700 feet above the surface. DATES: Effective 0901 UTC, October 12, 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: Jeffrey Claypool, Federal Aviation Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5711. SUPPLEMENTARY INFORMATION: Authority for This Rulemaking The FAA's authority to issue rules regarding aviation safety is found in [[Page 35650]] 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, Class E airspace designated as a surface area, and Class E airspace extending upward from 700 feet above the surface, and removes Class E airspace designated as an extension of Class D airspace at Kenosha Regional Airport, Kenosha, WI. History On May 19, 2017, the FAA published in the Federal Register (82 FR 22922) Docket No. FAA-2017-0210, a notice of proposed rulemaking (NPRM) to modify Class D airspace, Class E airspace designated as a surface area, and Class E airspace extending upward from 700 feet above the surface, and remove Class E airspace designated as an extension of Class D airspace at Kenosha Regional Airport, Kenosha, WI. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Subsequent to publication, the FAA determined that the exclusionary language contained in the Class E airspace extending upward from 700 feet above the surface airspace description is no longer required and has been removed in this action. Additionally, a typographical error was made in the geographic coordinates for the airport in the Class E airspace extending upward from 700 feet above the surface airspace description and has been corrected in this action. Except for the changes noted above, this final rule is the same as published in the NPRM. Class D and E airspace designations are published in paragraph 5000, 6002, 6004, and 6005, respectively, 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 D and E airspace designations listed in this document will be published subsequently in the Order. Availability and Summary of Documents for Incorporation by Reference This document amends FAA Order 7400.11A, 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: Modifies the Class D airspace to within a 4.2-mile radius (increased from a 4.1-mile radius) of Kenosha Regional Airport, Kenosha, WI; Modifies the Class E airspace designated as a surface area to within a 4.2-mile radius (increased from a 4.1-mile radius) of Kenosha Regional Airport, and removes the Kenosha VOR and the 7-mile extension northeast of the airport; Removes the Class E airspace designated as an extension to Class D airspace at Kenosha Regional Airport; and Modifies the Class E airspace extending upward from 700 feet above the surface to within a 6.7-mile radius (reduced from a 7-mile radius) of Kenosha Regional Airport (formerly Kenosha Municipal Airport), with an extension from the Kenosha Localizer to 10 miles west of the localizer, and updates the name and geographic coordinates of the airport to coincide with the FAA's aeronautical database. Airspace reconfiguration is necessary due to the decommissioning of the Kenosha VOR and to bring the airspace in compliance with FAA Order JO 7400.2L, Procedures for Handling Airspace Matters, at this airport. Controlled airspace is necessary for the safety and management of standard instrument approach procedures for IFR operations at the airport. Additionally, this action replaces the outdated term Airport/ Facility Directory with the term Chart Supplement in the Class D and Class E surface area airspace legal descriptions. 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 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, is amended as follows: Paragraph 5000 Class D Airspace. * * * * * AGL WI D Kenosha, WI [Amended] Kenosha Regional Airport, WI (Lat. 42[deg]35'45'' N., long. 87[deg]55'40'' W.) That airspace extending upward from the surface to and including 3,200 feet within a 4.2-mile radius of Kenosha Regional Airport. This Class D airspace area is effective during the specific dates and times established in advance by Notice to Airmen. The effective [[Page 35651]] date and time will thereafter be continuously published in the Chart Supplement. * * * * * Paragraph 6002 Class E Airspace Designated as Surface Areas. * * * * * AGL WI E2 Kenosha, WI [Amended] Kenosha Regional Airport, WI (Lat. 42[deg]35'45'' N., long. 87[deg]55'40'' W.) That airspace extending upward from the surface to and including 3,200 feet within a 4.2-mile radius of Kenosha Regional Airport. This Class E airspace area is effective during the specific dates and times established in advance by Notice to Airmen. The effective date and time will thereafter be continuously published in the Chart Supplement. * * * * * Paragraph 6004 Class E Airspace Area Designated as an Extension of Class D Airspace. * * * * * AGL WI E4 Kenosha, WI [Removed] * * * * * Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. * * * * * AGL WI E5 Kenosha, WI [Amended] Kenosha Regional Airport, WI (Lat. 42[deg]35'45'' N., long. 87[deg]55'40'' W.) Kenosha Localizer (Lat. 42[deg]36'04'' N., long. 87[deg]55'11'' W.) That airspace extending upward from 700 feet above the surface within a 6.7-mile radius of Kenosha Regional Airport, and within 9.9 miles north and 5.9 miles south of a 246[deg] bearing from the Kenosha Localizer to 10 miles west of the Kenosha Localizer. Issued in Fort Worth, Texas, on July 24, 2017. Walter Tweedy, Acting Manager, Operations Support Group, ATO Central Service Center. [FR Doc. 2017-16098 Filed 7-31-17; 8:45 am] BILLING CODE 4910-13-P
![Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Rules and Regulations 35649
(a) Applicability (c) Effective Date (e) Required Actions
This AD applies to Model A109S This AD becomes effective September 5, Within 15 hours time-in-service, revise
helicopters, certificated in any category. 2017. Section 1 Limitations of the AgustaWestland
(b) Unsafe Condition Model A109S Rotorcraft Flight Manual
(d) Compliance
(RFM) by inserting a copy of this AD into the
This AD defines the unsafe condition as You are responsible for performing each
detachment of an internal arrangement lower RFM or by making pen-and-ink changes to
action required by this AD within the add the information in Figure 1 to paragraph
cabin liner. This condition could result in
damage to a main rotor blade and subsequent specified compliance time unless it has (e) of this AD.
loss of control of the helicopter. already been accomplished prior to that time.
FIGURE 1 TO PARAGRAPH (e)
Flight with either one or both passenger cabin sliding doors opened or removed is prohibited if Internal Arrangement P/N 109–0814–21–101 is
installed.
Flight with either one or both passenger cabin sliding doors opened is prohibited if passenger door modification P/N 109–0814–35 is not in-
stalled.
Flight with one or both passenger cabin sliding doors opened is allowed only with the doors locked.
VNE with any passenger cabin sliding door opened or removed: 75 KIAS.
Maximum airspeed for passenger cabin sliding doors opening or closing: 50 KIAS.
IFR operation is prohibited with any door opened or removed.
(f) Credit for Previous Actions No. 2015–0227, dated November 19, 2015. Also, the airport name and geographic
Incorporating the changes contained in You may view the EASA AD on the Internet coordinates are adjusted in the Class E
AgustaWestland A109S RFM, Document No. at http://www.regulations.gov in Docket No. airspace extending upward from 700
109G0040A013, Issue 2, Revision 3, dated FAA–2017–0142.
feet above the surface.
April 23, 2015, into Section 1 of the RFM (j) Subject DATES: Effective 0901 UTC, October 12,
before the effective date of this AD is
considered acceptable for compliance with Joint Aircraft Service Component (JASC) 2017. The Director of the Federal
this AD. Code: 2500, Cabin Equipment/Furnishings. Register approves this incorporation by
Issued in Fort Worth, Texas, on July 25, reference action under Title 1, Code of
(g) Special Flight Permits Federal Regulations, part 51, subject to
2017.
Special flight permits are prohibited. Scott A. Horn, the annual revision of FAA Order
(h) Alternative Methods of Compliance Deputy Director for Regulatory Operations, 7400.11 and publication of conforming
(AMOCs) Compliance & Airworthiness Division, amendments.
(1) The Manager, Safety Management Aircraft Certification Service. ADDRESSES: FAA Order 7400.11A,
Section, FAA, may approve AMOCs for this [FR Doc. 2017–16144 Filed 7–31–17; 8:45 am] Airspace Designations and Reporting
AD. Send your proposal to: Matt Fuller, BILLING CODE 4910–13–P Points, and subsequent amendments can
Senior Aviation Safety Engineer, Safety be viewed online at http://www.faa.gov/
Management Section, Rotorcraft Standards air_traffic/publications/. For further
Branch, FAA, 10101 Hillwood Pkwy, Fort DEPARTMENT OF TRANSPORTATION information, you can contact the
Worth, TX 76177; telephone (817) 222–5110;
email 9-ASW-FTW-AMOC-Requests@faa.gov. Airspace Policy Group, Federal Aviation
Federal Aviation Administration Administration, 800 Independence
(2) For operations conducted under a 14
CFR part 119 operating certificate or under Avenue SW., Washington, DC 20591;
14 CFR part 91, subpart K, we suggest that 14 CFR Part 71 telephone: (202) 267–8783. The Order is
you notify your principal inspector, or [Docket No. FAA–2017–0210; Airspace also available for inspection at the
lacking a principal inspector, the manager of Docket No. 17–AGL–10] National Archives and Records
the local flight standards district office or Administration (NARA). For
certificate holding district office, before Amendment of Class D and E information on the availability of FAA
operating any aircraft complying with this Airspace; Kenosha, WI Order 7400.11A at NARA, call (202)
AD through an AMOC.
AGENCY: Federal Aviation 741–6030, or go to http://
(i) Additional Information www.archives.gov/federal_register/
Administration (FAA), DOT.
(1) AgustaWestland A109S RFM Document code_of_federal-regulations/
ACTION: Final rule.
No. 109G0040A013, Issue 2, Revision 3, ibr_locations.html.
dated April 23, 2015, which is not FAA Order 7400.11, Airspace
SUMMARY: This action modifies Class D
incorporated by reference, contains Designations and Reporting Points, is
additional information about the subject of airspace, Class E airspace designated as
a surface area, and Class E airspace published yearly and effective on
this AD. For service information identified in
extending upward from 700 feet above September 15.
this AD, contact AgustaWestland, Product
Support Engineering, Via del Gregge, 100, the surface, and removes Class E FOR FURTHER INFORMATION CONTACT:
21015 Lonate Pozzolo (VA) Italy, ATTN: airspace designated as an extension of Jeffrey Claypool, Federal Aviation
Maurizio D’Angelo; telephone 39–0331– Class D airspace at Kenosha Regional Administration, Operations Support
664757; fax 39 0331–664680; or at http:// Airport, Kenosha, WI. This action is Group, Central Service Center, 10101
www.agustawestland.com/technical-
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required due to the decommissioning of Hillwood Parkway, Fort Worth, TX
bulletins. You may review a copy of the 76177; telephone (817) 222–5711.
the Kenosha VHF omnidirectional range
service information at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 (VOR), which provided navigation SUPPLEMENTARY INFORMATION:
Hillwood Pkwy, Room 6N–321, Fort Worth, guidance for portions of the affected
routes. This action enhances the safety Authority for This Rulemaking
TX 76177.
(2) The subject of this AD is addressed in and management of instrument flight The FAA’s authority to issue rules
European Aviation Safety Agency (EASA) AD rules (IFR) operations at the airport. regarding aviation safety is found in
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![35650 Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Rules and Regulations
Title 49 of the United States Code. Availability and Summary of ‘‘significant regulatory action’’ under
Subtitle I, Section 106 describes the Documents for Incorporation by Executive Order 12866; (2) is not a
authority of the FAA Administrator. Reference ‘‘significant rule’’ under DOT
Subtitle VII, Aviation Programs, This document amends FAA Order Regulatory Policies and Procedures (44
describes in more detail the scope of the 7400.11A, Airspace Designations and FR 11034; February 26, 1979); and (3)
agency’s authority. This rulemaking is Reporting Points, dated August 3, 2016, does not warrant preparation of a
promulgated under the authority and effective September 15, 2016. FAA regulatory evaluation as the anticipated
described in Subtitle VII, Part A, Order 7400.11A is publicly available as impact is so minimal. Since this is a
Subpart I, Section 40103. Under that listed in the ADDRESSES section of this routine matter that only affects air traffic
section, the FAA is charged with document. FAA Order 7400.11A lists procedures and air navigation, it is
prescribing regulations to assign the use Class A, B, C, D, and E airspace areas, certified that this rule, when
of airspace necessary to ensure the air traffic service routes, and reporting promulgated, does not have a significant
points. economic impact on a substantial
safety of aircraft and the efficient use of
number of small entities under the
airspace. This regulation is within the The Rule criteria of the Regulatory Flexibility Act.
scope of that authority as it modifies
Class D airspace, Class E airspace This amendment to Title 14, Code of Environmental Review
designated as a surface area, and Class Federal Regulations (14 CFR) part 71:
Modifies the Class D airspace to The FAA has determined that this
E airspace extending upward from 700 action qualifies for categorical exclusion
feet above the surface, and removes within a 4.2-mile radius (increased from
a 4.1-mile radius) of Kenosha Regional under the National Environmental
Class E airspace designated as an Policy Act in accordance with FAA
Airport, Kenosha, WI;
extension of Class D airspace at Kenosha Order 1050.1F, ‘‘Environmental
Modifies the Class E airspace
Regional Airport, Kenosha, WI. Impacts: Policies and Procedures,’’
designated as a surface area to within a
4.2-mile radius (increased from a 4.1- paragraph 5–6.5.a. This airspace action
History
mile radius) of Kenosha Regional is not expected to cause any potentially
On May 19, 2017, the FAA published Airport, and removes the Kenosha VOR significant environmental impacts, and
in the Federal Register (82 FR 22922) and the 7-mile extension northeast of no extraordinary circumstances exist
Docket No. FAA–2017–0210, a notice of the airport; that warrant preparation of an
proposed rulemaking (NPRM) to modify Removes the Class E airspace environmental assessment.
Class D airspace, Class E airspace designated as an extension to Class D Lists of Subjects in 14 CFR Part 71
designated as a surface area, and Class airspace at Kenosha Regional Airport;
Airspace, Incorporation by reference,
E airspace extending upward from 700 and
Navigation (air).
feet above the surface, and remove Class Modifies the Class E airspace
E airspace designated as an extension of extending upward from 700 feet above Adoption of the Amendment
Class D airspace at Kenosha Regional the surface to within a 6.7-mile radius
In consideration of the foregoing, the
Airport, Kenosha, WI. Interested parties (reduced from a 7-mile radius) of
Federal Aviation Administration
were invited to participate in this Kenosha Regional Airport (formerly
amends 14 CFR part 71 as follows:
rulemaking effort by submitting written Kenosha Municipal Airport), with an
comments on the proposal to the FAA. extension from the Kenosha Localizer to PART 71—DESIGNATION OF CLASS A,
No comments were received. 10 miles west of the localizer, and B, C, D, AND E AIRSPACE AREAS; AIR
updates the name and geographic TRAFFIC SERVICE ROUTES; AND
Subsequent to publication, the FAA coordinates of the airport to coincide
determined that the exclusionary REPORTING POINTS
with the FAA’s aeronautical database.
language contained in the Class E Airspace reconfiguration is necessary ■ 1. The authority citation for part 71
airspace extending upward from 700 due to the decommissioning of the continues to read as follows:
feet above the surface airspace Kenosha VOR and to bring the airspace
description is no longer required and Authority: 49 U.S.C. 106(f), 106(g); 40103,
in compliance with FAA Order JO 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
has been removed in this action. 7400.2L, Procedures for Handling 1959–1963 Comp., p. 389.
Additionally, a typographical error was Airspace Matters, at this airport.
made in the geographic coordinates for Controlled airspace is necessary for the § 71.1 [Amended]
the airport in the Class E airspace safety and management of standard ■ 2. The incorporation by reference in
extending upward from 700 feet above instrument approach procedures for IFR 14 CFR 71.1 of FAA Order 7400.11A,
the surface airspace description and has operations at the airport. Airspace Designations and Reporting
been corrected in this action. Additionally, this action replaces the Points, dated August 3, 2016, and
Except for the changes noted above, outdated term Airport/Facility Directory effective September 15, 2016, is
this final rule is the same as published with the term Chart Supplement in the amended as follows:
in the NPRM. Class D and Class E surface area
airspace legal descriptions. Paragraph 5000 Class D Airspace.
Class D and E airspace designations * * * * *
are published in paragraph 5000, 6002, Regulatory Notices and Analyses
AGL WI D Kenosha, WI [Amended]
6004, and 6005, respectively, of FAA The FAA has determined that this
Kenosha Regional Airport, WI
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Order 7400.11A, dated August 3, 2016, regulation only involves an established (Lat. 42°35′45″ N., long. 87°55′40″ W.)
and effective September 15, 2016, which body of technical regulations for which
is incorporated by reference in 14 CFR That airspace extending upward from the
frequent and routine amendments are surface to and including 3,200 feet within a
71.1. The Class D and E airspace necessary to keep them operationally 4.2-mile radius of Kenosha Regional Airport.
designations listed in this document current, is non-controversial and This Class D airspace area is effective during
will be published subsequently in the unlikely to result in adverse or negative the specific dates and times established in
Order. comments. It, therefore: (1) Is not a advance by Notice to Airmen. The effective
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date and time will thereafter be continuously titled, ‘‘Next Generation Identification FBI and DOJ determined that JUSTICE/
published in the Chart Supplement. (NGI) System,’’ JUSTICE/FBI–009, last FBI–009 should be modified to more
* * * * * published in full on May 5, 2016. fully describe the features and
Paragraph 6002 Class E Airspace
Specifically, the FBI exempts the capabilities of the system, which has
Designated as Surface Areas. records maintained in JUSTICE/FBI–009 since been renamed the Next Generation
from one or more provisions of the Identification (NGI) System. Important
* * * * * enhancements to the NGI System
Privacy Act. The listed exemptions are
AGL WI E2 Kenosha, WI [Amended] necessary to avoid interference with the include the increased retention and
Kenosha Regional Airport, WI Department’s law enforcement and searching of fingerprints obtained for
(Lat. 42°35′45″ N., long. 87°55′40″ W.) national security functions and the purposes of licensing, employment,
That airspace extending upward from the responsibilities of the FBI. This obtaining government benefits, and
surface to and including 3,200 feet within a document addresses public comments biometric services such as improved
4.2-mile radius of Kenosha Regional Airport. on the proposed rule. latent fingerprint searching and face
This Class E airspace area is effective during DATES: This final rule is effective August recognition technology. Leading up to
the specific dates and times established in the publication of the modified SORN
31, 2017.
advance by Notice to Airmen. The effective and a Notice of Proposed Rulemaking
date and time will thereafter be continuously FOR FURTHER INFORMATION CONTACT:
Roxane M. Panarella, Assistant General (NPRM) for the NGI System, the FBI
published in the Chart Supplement.
conducted a series of Privacy Impact
* * * * * Counsel, Privacy and Civil Liberties
Assessments that detailed the steps
Unit, Office of the General Counsel, FBI,
Paragraph 6004 Class E Airspace Area taken by the FBI to fully assess the
Washington DC, telephone 304–625–
Designated as an Extension of Class D privacy impacts of new and modified
4000.
Airspace. NGI System components, addressing
SUPPLEMENTARY INFORMATION: potential risks and mitigation
* * * * *
Background techniques.
AGL WI E4 Kenosha, WI [Removed] On May 5, 2016, the FBI issued a
* * * * * In 1990, the FBI published in the Notice of a Modified System of Records
Federal Register a System of Records for the NGI System in the Federal
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Notice (SORN) for the FBI system of Register at 81 FR 27284 (May 5, 2016),
Above the Surface of the Earth. records titled, ‘‘Identification Division and an NPRM at 81 FR 27288 (May 5,
Records System,’’ JUSTICE/FBI–009. 2016). In determining whether to claim
* * * * *
JUSTICE/FBI–009 evolved into the exemptions, the FBI did not simply rely
AGL WI E5 Kenosha, WI [Amended] ‘‘Fingerprint Identification Records on exemptions granted to the
Kenosha Regional Airport, WI System (FIRS),’’ also referred to as the predecessor system of records, but
(Lat. 42°35′45″ N., long. 87°55′40″ W.) ‘‘Integrated Automated Fingerprint thoroughly evaluated the NGI System
Kenosha Localizer Identification System (IAFIS),’’ and its various components to
(Lat. 42°36′04″ N., long. 87°55′11″ W.) published at 61 FR 6386 (February 20, determine whether exemptions were
That airspace extending upward from 700 1996), which covered individuals necessary. The necessary exemptions
feet above the surface within a 6.7-mile arrested or incarcerated, individuals were proposed in the NPRM along with
radius of Kenosha Regional Airport, and applying for Federal employment or supporting rationales, and are to be
within 9.9 miles north and 5.9 miles south military service, registered aliens or codified in accordance with the
of a 246° bearing from the Kenosha Localizer
to 10 miles west of the Kenosha Localizer.
naturalized citizens, and individuals issuance of this final rule.
wishing to place their fingerprints on
Issued in Fort Worth, Texas, on July 24, Response to Public Comments
record for personal identification
2017. purposes. The FIRS SORN included the In its NGI System NPRM and Notice
Walter Tweedy, following records: of a Modified System of Records,
Acting Manager, Operations Support Group, A. Criminal fingerprint cards and/or published on May 5, 2016, the
ATO Central Service Center. related criminal justice information Department invited public comment.
[FR Doc. 2017–16098 Filed 7–31–17; 8:45 am] submitted by authorized agencies The comment periods for both
BILLING CODE 4910–13–P having criminal justice responsibilities; documents were originally set to close
B. Civil fingerprint cards submitted by on June 6, 2016, but were extended 30
Federal agencies and civil fingerprint days to allow interested individuals
DEPARTMENT OF JUSTICE cards submitted by persons desiring to additional time to analyze the proposal
have their fingerprints placed on record and prepare their comments. The FBI
28 CFR Part 16 for personal identification purposes; received over 100 comments and letters
C. Identification records sometimes from individuals, and from non-
[CPCLO Order No. 007–2017]
referred to as ‘‘rap sheets’’ which are government, public interest, civil
Privacy Act of 1974; Implementation compilations of criminal history liberties, non-profit, and academic
information pertaining to individuals organizations. The FBI has closely
AGENCY: Federal Bureau of who have criminal fingerprint cards reviewed and considered these
Investigation, United States Department maintained in the system; and comments. The following discussion is
of Justice. D. A name index pertaining to all provided to respond to the NPRM
ACTION: Final rule. individuals whose fingerprints are comments and provide greater insight
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maintained in the system. into the FBI’s assessment of the need to
SUMMARY: The Federal Bureau of As the system expanded, records claim exemptions from certain
Investigation (FBI), a component of the continued to fall within the general provisions of the Privacy Act for the
United States Department of Justice categories of records specified in the NGI System.
(DOJ or Department), is issuing a final SORN. As a policy matter, however, and Many questions and comments were
rule to amend its Privacy Act exemption in an effort to better detail the received concerning the breadth and
regulations for the system of records enhancements made to the system, the scope of the exemptions claimed. As
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Document Created: 2018-10-24 11:44:40
Document Modified: 2018-10-24 11:44:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective 0901 UTC, October 12, 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. | |
| Contact | Jeffrey Claypool, Federal Aviation Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5711. | |
| FR Citation | 82 FR 35649 | |
| CFR Associated | Airspace; Incorporation by Reference and Navigation (Air) |
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