83_FR_35687 83 FR 35542 - Amendment of Class D and E Airspace; Kansas City, MO; and Revocation of Class E Airspace; Kansas City, MO

83 FR 35542 - Amendment of Class D and E Airspace; Kansas City, MO; and Revocation of Class E Airspace; Kansas City, MO

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 145 (July 27, 2018)

Page Range35542-35544
FR Document2018-16013

This action modifies Class D airspace at Charles B. Wheeler Downtown Airport, Kansas City, MO; removes Class E airspace designated as an extension to Class D airspace at Charles B. Wheeler Downtown Airport; and modifies Class E airspace extending upward from 700 feet above the surface at Kansas City International Airport, Kansas City, MO, and Charles B. Wheeler Downtown Airport. This action is required due to the decommissioning of the Riverside VHF omnidirectional range (VOR) facility, which provided navigation guidance for the instrument procedures to Charles B. Wheeler Downtown Airport. The VOR has been decommissioned as part of the VOR Minimum Operational Network (MON) Program. Additionally, the geographic coordinates and airport name are being updated to coincide with the FAA's aeronautical database. This action is necessary for the safety and management of instrument flight rules (IFR) operations at these airports.

Federal Register, Volume 83 Issue 145 (Friday, July 27, 2018)
[Federal Register Volume 83, Number 145 (Friday, July 27, 2018)]
[Rules and Regulations]
[Pages 35542-35544]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16013]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-1083; Airspace Docket No. 17-ACE-13]
RIN 2120-AA66


Amendment of Class D and E Airspace; Kansas City, MO; and 
Revocation of Class E Airspace; Kansas City, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action modifies Class D airspace at Charles B. Wheeler 
Downtown Airport, Kansas City, MO; removes Class E airspace designated 
as an extension to Class D airspace at Charles B. Wheeler Downtown 
Airport; and modifies Class E airspace extending upward from 700 feet 
above the surface at Kansas City International Airport, Kansas City, 
MO, and Charles B. Wheeler Downtown Airport. This action is required 
due to the decommissioning of the Riverside VHF omnidirectional range 
(VOR) facility, which provided navigation guidance for the instrument 
procedures to Charles B. Wheeler Downtown Airport. The VOR has been 
decommissioned as part of the VOR Minimum Operational Network (MON) 
Program. Additionally, the geographic coordinates and airport name are 
being updated to coincide with the FAA's aeronautical database. This 
action is necessary for the safety and management of instrument flight 
rules (IFR) operations at these airports.

DATES: Effective 0901 UTC, November 8, 2018. 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 7400.11B, 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 7400.11B at NARA, call (202) 741-6030, or go 
to https://www.archives.gov/federal-register/cfr/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 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 would support IFR operations at Charles B. Wheeler Downtown 
Airport, and Kansas City International Airport, Kansas City, MO.

History

    The FAA published a notice of proposed rulemaking in the Federal 
Register (83 FR 4611; February 1, 2018) for Docket No. FAA-2017-1083 to 
modify Class D airspace at Charles B. Wheeler Downtown Airport, Kansas 
City, MO; remove Class E airspace designated as an extension to Class D 
airspace at Charles B. Wheeler Downtown Airport; and modify Class E 
airspace extending upward from 700 feet above the surface at Kansas 
City International Airport, Kansas City, MO, and Charles B. Wheeler 
Downtown Airport. Interested parties were invited to participate in 
this rulemaking effort by submitting written comments on the proposal 
to the FAA. One comment was received from the Aircraft Owners and 
Pilots Association (AOPA). In their comment, AOPA stated that the NPRM 
did not comply with FAA guidance in FAA Order 7400.2L, Procedures for 
Handling Airspace Matters, because a graphic was not included in the 
docket. Additionally, AOPA encouraged the FAA to follow their guidance 
in the Order by making the action effective date coincidental to the 
sectional chart publication date.
    The FAA has determined AOPA's comments raised no substantive issues 
with respect to the proposed changes to the airspace addressed in the 
NPRM. To the extent the FAA failed to follow its policy guidance 
reference publishing graphics in the docket and establishing the Class 
D airspace effective date to match the sectional chart date, we note 
the following.
    With respect to AOPA's comment addressing graphics, FAA Order 
7400.2L, paragraph 2-3-3.c. requires the official docket to include 
available graphics. For this airspace action, no graphics were deemed 
necessary or produced in the review or development of the proposed 
airspace amendments noted in the NPRM; therefore, no graphics were 
available to include in the docket.
    Specific to AOPA's comment regarding the FAA already creating a 
graphical depiction of new or modified airspace overlaid on a Sectional 
Chart for quality assurance purposes, this is not correct nor required 
in all cases. During the airspace reviews, airspace graphics may be 
created, if deemed necessary, to determine if there are any terrain 
issues, or if cases are considered complex. However, in many cases when 
developing an airspace amendment proposal, a graphic is not required. 
It was unclear if the graphic AOPA argued

[[Page 35543]]

was already created with a sectional chart background was actually the 
airspace graphic created by the Aeronautical Informational Services 
office in preparation of publishing the sectional charts. However, that 
graphic is normally created after the rulemaking determination is 
published.
    With respect to AOPA's comment addressing effective dates, FAA 
Order 7400.2L, paragraph 2-3-7.a.4. states that, to the extent 
practicable, Class D airspace area and restricted area rules should 
become effective on a sectional chart date and that consideration 
should be given to selecting a sectional chart date that matches a 56-
day en route chart cycle date. The FAA does consider publishing Class D 
airspace amendment effective dates to coincide with the publication of 
sectional charts, to the extent practicable; however, this 
consideration is accomplished after the NPRM comment period ends in the 
final rule. Substantive comments received to NPRMs, flight safety 
concerns, management of IFR operations at affected airports, and 
immediacy of required proposed airspace amendments are some of the 
factors that must be taken into consideration when selecting the 
appropriate effective date. After considering all factors, the FAA may 
determine that selecting an effective date that conforms to a 56-day en 
route chart cycle date that is not coincidental to sectional chart 
dates is better for the National Airspace System and its users than 
awaiting the next sectional chart date.
    Class D and E airspace designations are published in paragraph 
5000, 6004, and 6005, respectively, of FAA Order 7400.11B, dated August 
3, 2017, and effective September 15, 2017, 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 7400.11B, Airspace Designations and 
Reporting Points, dated August 3, 2017, and effective September 15, 
2017. FAA Order 7400.11B is publicly available as listed in the 
ADDRESSES section of this document. FAA Order 7400.11B 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:
    Amends the Class D airspace at Charles B. Wheeler Downtown Airport 
by updating the header of the airspace legal description to Kansas 
City, MO, (from Kansas City Charles B. Wheeler Downtown Airport, MO) to 
comply with FAA Order 7400.2L; adds an extension 1.0 mile each side of 
the 012[deg] bearing from the Charles B. Wheeler Downtown RWY 19 LOC 
from the 4.2-mile radius to 4.4 miles from the airport; adds an 
extension 1.0 mile each side of the 013[deg] bearing from the airport 
from the 4.2-mile radius to 4.3 miles north of the airport; adds an 
extension 1.0 mile each side of the 215[deg] bearing from the Charles 
B. Wheeler Downtown RWY 03 LOC from the 4.2-mile radius to 4.5 miles 
northeast of the airport; adds an extension 1.0 mile each side of the 
218[deg] bearing from the airport from the 4.2-mile radius to 5.0 miles 
south of the airport; and updates the geographic coordinates of the 
airport to coincide with the FAA's aeronautical database;
    Removes the Class E airspace designated as an extension to Class D 
airspace at Charles B. Wheeler Downtown Airport as the airspace is no 
longer required; and
    Amends Class E airspace extending upward from 700 feet above the 
surface at Kansas City, MO, by updating the header of the airspace 
legal description to Kansas City, MO, (from Kansas City International 
Airport, MO) to comply with FAA Order 7400.2L; updates the name and 
geographic coordinates of Charles B. Wheeler Downtown Airport (formerly 
Kansas City Downtown Airport) and the geographic coordinates of Sherman 
Army Airfield (AAF), KS, to coincide with the FAA's aeronautical 
database; removes the Kansas City VORTAC, DOTTE LOM, Riverside VOR/DME 
ILS RWY 19R localizer, ILS RWY 19 localizer, ILS RWY 1L localizer, and 
ILS RWY 1R localizer from the airspace description; removes all current 
extensions at Kansas City International Airport and Charles B. Wheeler 
Downtown Airport; and adds an extension 2.0 miles each side of the 
215[deg] bearing from the Charles B. Wheeler Downtown RWY 03 LOC from 
the 6.7-mile radius to 8.7 miles south of Charles B. Wheeler Downtown 
Airport.
    Airspace reconfiguration is necessary due to the decommissioning of 
the Riverside VOR as part of the VOR MON Program and for the safety and 
management of IFR operations at these airports.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current, is 
non-controversial and unlikely to result in adverse or negative 
comments. It, therefore: (1) Is not a ``significant regulatory action'' 
under Executive Order 12866; (2) is not a ``significant rule'' under 
DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 
1979); and (3) does not warrant preparation of a regulatory evaluation 
as the anticipated impact is so minimal. Since this is a routine matter 
that only affects air traffic procedures and air navigation, it is 
certified that this rule, when promulgated, does not have a significant 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1F, ``Environmental Impacts: Policies and 
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected 
to cause any potentially significant environmental impacts, and no 
extraordinary circumstances exist that warrant preparation of an 
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.


Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B, 
Airspace Designations and Reporting Points, dated August 3, 2017, and 
effective September 15, 2017, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ACE MO D Kansas City, MO [Amended]

Charles B. Wheeler Downtown Airport, MO
    (Lat. 39[deg]07'23'' N, long. 94[deg]35'34'' W)
Charles B. Wheeler Downtown RWY 19 LOC
    (Lat. 39[deg]06'50'' N, long. 94[deg]35'44'' W)

[[Page 35544]]

Charles B. Wheeler Downtown RWY 03 LOC
    (Lat. 39[deg]07'40'' N, long. 94[deg]35'17'' W)

    That airspace extending upward from the surface to and including 
3,300 feet MSL within a 4.2-mile radius of Charles B. Wheeler 
Downtown Airport, excluding that airspace within the Kansas City, MO 
Class B airspace area; and within 1.0 mile each side of the 012[deg] 
bearing from the Charles B. Wheeler Downtown RWY 19 LOC, extending 
from the 4.2-mile radius to 4.4 miles north of the airport; and 
within 1.0 mile each side of the 013[deg] bearing from the airport, 
extending from the 4.2-mile radius to 4.3 miles north of the 
airport; and within 1.0 mile each side of the 215[deg] bearing from 
the Charles B. Wheeler Downtown RWY 03 LOC, extending from the 4.2-
mile radius to 4.5 miles south of the airport; and within 1.0 mile 
each side of the 218[deg] bearing from the airport, extending from 
the 4.2-mile radius to 5.0 miles south of the airport.

Paragraph 6004 Class E Airspace Areas Designated as an Extension to 
a Class D or Class E Surface Area.

* * * * *

ACE MO E4 Kansas City Charles B. Wheeler Downtown Airport, MO [Removed]

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

* * * * *

ACE MO E5 Kansas City, MO [Amended]

Kansas City International Airport, MO
    (Lat. 39[deg]17'51'' N, long. 94[deg]42'50'' W)
Charles B. Wheeler Downtown Airport, MO
    (Lat. 39[deg]07'23'' N, long. 94[deg]35'34'' W)
Charles B. Wheeler Downtown RWY 03 LOC
    (Lat. 39[deg]07'40'' N, long. 94[deg]35'17'' W)
Sherman Army Airfield (AAF), KS
    (Lat. 39[deg]22'03'' N, long. 94[deg]54'52'' W)

    That airspace extending upward from 700 feet above the surface 
within a 7.6-mile radius of Kansas City International Airport; and 
within a 6.7-mile radius of Charles B. Wheeler Downtown Airport; and 
within 2.0 miles each side of the 215[deg] bearing from the Charles 
B. Wheeler Downtown RWY 03 LOC, extending from the 6.7-mile radius 
to 8.7 miles south of Charles B. Wheeler Downtown Airport; and 
within a 6.5-mile radius of Sherman AAF.

    Issued in Fort Worth, Texas, on July 16, 2018.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2018-16013 Filed 7-26-18; 8:45 am]
BILLING CODE 4910-13-P



                                           35542                   Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Rules and Regulations

                                           PART 71—DESIGNATION OF CLASS A,                             decommissioned as part of the VOR                     City International Airport, Kansas City,
                                           B, C, D, AND E AIRSPACE AREAS; AIR                          Minimum Operational Network (MON)                     MO.
                                           TRAFFIC SERVICE ROUTES; AND                                 Program. Additionally, the geographic
                                                                                                                                                             History
                                           REPORTING POINTS                                            coordinates and airport name are being
                                                                                                       updated to coincide with the FAA’s                      The FAA published a notice of
                                           ■ 1. The authority citation for part 71                     aeronautical database. This action is                 proposed rulemaking in the Federal
                                           continues to read as follows:                               necessary for the safety and                          Register (83 FR 4611; February 1, 2018)
                                             Authority: 49 U.S.C. 106(f), 106(g); 40103,               management of instrument flight rules                 for Docket No. FAA–2017–1083 to
                                           40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,                (IFR) operations at these airports.                   modify Class D airspace at Charles B.
                                           1959–1963 Comp., p. 389.                                                                                          Wheeler Downtown Airport, Kansas
                                                                                                       DATES: Effective 0901 UTC, November 8,
                                                                                                                                                             City, MO; remove Class E airspace
                                           § 71.1       [Amended]                                      2018. The Director of the Federal                     designated as an extension to Class D
                                                                                                       Register approves this incorporation by               airspace at Charles B. Wheeler
                                           ■ 2. The incorporation by reference in
                                                                                                       reference action under Title 1 Code of                Downtown Airport; and modify Class E
                                           14 CFR 71.1 of FAA Order 7400.11B,
                                                                                                       Federal Regulations part 51, subject to               airspace extending upward from 700
                                           Airspace Designations and Reporting
                                                                                                       the annual revision of FAA Order                      feet above the surface at Kansas City
                                           Points, dated August 3, 2017, and
                                                                                                       7400.11 and publication of conforming                 International Airport, Kansas City, MO,
                                           effective September 15, 2017, is
                                                                                                       amendments.                                           and Charles B. Wheeler Downtown
                                           amended as follows:
                                                                                                       ADDRESSES: FAA Order 7400.11B,                        Airport. Interested parties were invited
                                           Paragraph 6005 Class E Airspace Areas                       Airspace Designations and Reporting                   to participate in this rulemaking effort
                                           Extending Upward From 700 Feet or More                      Points, and subsequent amendments can                 by submitting written comments on the
                                           Above the Surface of the Earth.                             be viewed online at http://www.faa.gov/               proposal to the FAA. One comment was
                                           *        *      *       *       *                           air_traffic/publications/. For further                received from the Aircraft Owners and
                                           ASW TX E5           Clarendon, TX [Removed]                 information, you can contact the                      Pilots Association (AOPA). In their
                                                                                                       Airspace Policy Group, Federal Aviation               comment, AOPA stated that the NPRM
                                             Issued in Fort Worth, Texas, on July 16,                  Administration, 800 Independence                      did not comply with FAA guidance in
                                           2018.                                                       Avenue SW, Washington, DC 20591;                      FAA Order 7400.2L, Procedures for
                                           Walter Tweedy,                                              telephone: (202) 267–8783. The Order is               Handling Airspace Matters, because a
                                           Acting Manager, Operations Support Group,                   also available for inspection at the                  graphic was not included in the docket.
                                           ATO Central Service Center.                                 National Archives and Records                         Additionally, AOPA encouraged the
                                           [FR Doc. 2018–16019 Filed 7–26–18; 8:45 am]                 Administration (NARA). For                            FAA to follow their guidance in the
                                           BILLING CODE 4910–13–P                                      information on the availability of FAA                Order by making the action effective
                                                                                                       Order 7400.11B at NARA, call (202)                    date coincidental to the sectional chart
                                                                                                       741–6030, or go to https://                           publication date.
                                           DEPARTMENT OF TRANSPORTATION                                www.archives.gov/federal-register/cfr/                  The FAA has determined AOPA’s
                                                                                                       ibr-locations.html.                                   comments raised no substantive issues
                                           Federal Aviation Administration                                FAA Order 7400.11, Airspace                        with respect to the proposed changes to
                                                                                                       Designations and Reporting Points, is                 the airspace addressed in the NPRM. To
                                           14 CFR Part 71                                              published yearly and effective on                     the extent the FAA failed to follow its
                                           [Docket No. FAA–2017–1083; Airspace                         September 15.                                         policy guidance reference publishing
                                           Docket No. 17–ACE–13]                                                                                             graphics in the docket and establishing
                                                                                                       FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                             the Class D airspace effective date to
                                           RIN 2120–AA66                                               Jeffrey Claypool, Federal Aviation                    match the sectional chart date, we note
                                                                                                       Administration, Operations Support                    the following.
                                           Amendment of Class D and E                                  Group, Central Service Center, 10101                    With respect to AOPA’s comment
                                           Airspace; Kansas City, MO; and                              Hillwood Parkway, Fort Worth, TX                      addressing graphics, FAA Order
                                           Revocation of Class E Airspace;                             76177; telephone (817) 222–5711.                      7400.2L, paragraph 2–3–3.c. requires the
                                           Kansas City, MO                                             SUPPLEMENTARY INFORMATION:                            official docket to include available
                                           AGENCY:  Federal Aviation                                   Authority for This Rulemaking                         graphics. For this airspace action, no
                                           Administration (FAA), DOT.                                                                                        graphics were deemed necessary or
                                           ACTION: Final rule.                                           The FAA’s authority to issue rules                  produced in the review or development
                                                                                                       regarding aviation safety is found in                 of the proposed airspace amendments
                                           SUMMARY:   This action modifies Class D                     Title 49 of the United States Code.                   noted in the NPRM; therefore, no
                                           airspace at Charles B. Wheeler                              Subtitle I, Section 106 describes the                 graphics were available to include in the
                                           Downtown Airport, Kansas City, MO;                          authority of the FAA Administrator.                   docket.
                                           removes Class E airspace designated as                      Subtitle VII, Aviation Programs,                        Specific to AOPA’s comment
                                           an extension to Class D airspace at                         describes in more detail the scope of the             regarding the FAA already creating a
                                           Charles B. Wheeler Downtown Airport;                        agency’s authority. This rulemaking is                graphical depiction of new or modified
                                           and modifies Class E airspace extending                     promulgated under the authority                       airspace overlaid on a Sectional Chart
                                           upward from 700 feet above the surface                      described in Subtitle VII, Part A,                    for quality assurance purposes, this is
                                           at Kansas City International Airport,                       Subpart I, Section 40103. Under that                  not correct nor required in all cases.
                                           Kansas City, MO, and Charles B.                             section, the FAA is charged with                      During the airspace reviews, airspace
                                           Wheeler Downtown Airport. This action                       prescribing regulations to assign the use             graphics may be created, if deemed
amozie on DSK3GDR082PROD with RULES




                                           is required due to the decommissioning                      of airspace necessary to ensure the                   necessary, to determine if there are any
                                           of the Riverside VHF omnidirectional                        safety of aircraft and the efficient use of           terrain issues, or if cases are considered
                                           range (VOR) facility, which provided                        airspace. This regulation is within the               complex. However, in many cases when
                                           navigation guidance for the instrument                      scope of that authority as it would                   developing an airspace amendment
                                           procedures to Charles B. Wheeler                            support IFR operations at Charles B.                  proposal, a graphic is not required. It
                                           Downtown Airport. The VOR has been                          Wheeler Downtown Airport, and Kansas                  was unclear if the graphic AOPA argued


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                                                                Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Rules and Regulations                                               35543

                                           was already created with a sectional                        Amends the Class D airspace at                     necessary to keep them operationally
                                           chart background was actually the                        Charles B. Wheeler Downtown Airport                   current, is non-controversial and
                                           airspace graphic created by the                          by updating the header of the airspace                unlikely to result in adverse or negative
                                           Aeronautical Informational Services                      legal description to Kansas City, MO,                 comments. It, therefore: (1) Is not a
                                           office in preparation of publishing the                  (from Kansas City Charles B. Wheeler                  ‘‘significant regulatory action’’ under
                                           sectional charts. However, that graphic                  Downtown Airport, MO) to comply with                  Executive Order 12866; (2) is not a
                                           is normally created after the rulemaking                 FAA Order 7400.2L; adds an extension                  ‘‘significant rule’’ under DOT
                                           determination is published.                              1.0 mile each side of the 012° bearing                Regulatory Policies and Procedures (44
                                              With respect to AOPA’s comment                        from the Charles B. Wheeler Downtown                  FR 11034; February 26, 1979); and (3)
                                           addressing effective dates, FAA Order                    RWY 19 LOC from the 4.2-mile radius                   does not warrant preparation of a
                                           7400.2L, paragraph 2–3–7.a.4. states                     to 4.4 miles from the airport; adds an                regulatory evaluation as the anticipated
                                           that, to the extent practicable, Class D                 extension 1.0 mile each side of the 013°              impact is so minimal. Since this is a
                                           airspace area and restricted area rules                  bearing from the airport from the 4.2-                routine matter that only affects air traffic
                                           should become effective on a sectional                   mile radius to 4.3 miles north of the                 procedures and air navigation, it is
                                           chart date and that consideration should                 airport; adds an extension 1.0 mile each              certified that this rule, when
                                           be given to selecting a sectional chart                  side of the 215° bearing from the Charles             promulgated, does not have a significant
                                           date that matches a 56-day en route                      B. Wheeler Downtown RWY 03 LOC                        economic impact on a substantial
                                           chart cycle date. The FAA does consider                  from the 4.2-mile radius to 4.5 miles                 number of small entities under the
                                           publishing Class D airspace amendment                    northeast of the airport; adds an                     criteria of the Regulatory Flexibility Act.
                                           effective dates to coincide with the                     extension 1.0 mile each side of the 218°
                                                                                                    bearing from the airport from the 4.2-                Environmental Review
                                           publication of sectional charts, to the
                                           extent practicable; however, this                        mile radius to 5.0 miles south of the                    The FAA has determined that this
                                           consideration is accomplished after the                  airport; and updates the geographic                   action qualifies for categorical exclusion
                                           NPRM comment period ends in the final                    coordinates of the airport to coincide                under the National Environmental
                                           rule. Substantive comments received to                   with the FAA’s aeronautical database;                 Policy Act in accordance with FAA
                                           NPRMs, flight safety concerns,                              Removes the Class E airspace                       Order 1050.1F, ‘‘Environmental
                                           management of IFR operations at                          designated as an extension to Class D                 Impacts: Policies and Procedures,’’
                                           affected airports, and immediacy of                      airspace at Charles B. Wheeler                        paragraph 5–6.5.a. This airspace action
                                           required proposed airspace amendments                    Downtown Airport as the airspace is no                is not expected to cause any potentially
                                                                                                    longer required; and                                  significant environmental impacts, and
                                           are some of the factors that must be
                                                                                                       Amends Class E airspace extending                  no extraordinary circumstances exist
                                           taken into consideration when selecting
                                                                                                    upward from 700 feet above the surface                that warrant preparation of an
                                           the appropriate effective date. After                    at Kansas City, MO, by updating the
                                           considering all factors, the FAA may                                                                           environmental assessment.
                                                                                                    header of the airspace legal description
                                           determine that selecting an effective                    to Kansas City, MO, (from Kansas City                 Lists of Subjects in 14 CFR Part 71
                                           date that conforms to a 56-day en route                  International Airport, MO) to comply                    Airspace, Incorporation by reference,
                                           chart cycle date that is not coincidental                with FAA Order 7400.2L; updates the                   Navigation (air).
                                           to sectional chart dates is better for the               name and geographic coordinates of
                                           National Airspace System and its users                   Charles B. Wheeler Downtown Airport                   Adoption of the Amendment
                                           than awaiting the next sectional chart                   (formerly Kansas City Downtown                          In consideration of the foregoing, the
                                           date.                                                    Airport) and the geographic coordinates               Federal Aviation Administration
                                              Class D and E airspace designations                   of Sherman Army Airfield (AAF), KS, to                amends 14 CFR part 71 as follows:
                                           are published in paragraph 5000, 6004,                   coincide with the FAA’s aeronautical
                                           and 6005, respectively, of FAA Order                     database; removes the Kansas City                     PART 71—DESIGNATION OF CLASS A,
                                           7400.11B, dated August 3, 2017, and                      VORTAC, DOTTE LOM, Riverside VOR/                     B, C, D, AND E AIRSPACE AREAS; AIR
                                           effective September 15, 2017, which is                   DME ILS RWY 19R localizer, ILS RWY                    TRAFFIC SERVICE ROUTES; AND
                                           incorporated by reference in 14 CFR                      19 localizer, ILS RWY 1L localizer, and               REPORTING POINTS
                                           71.1. The Class D and E airspace                         ILS RWY 1R localizer from the airspace
                                           designations listed in this document                                                                           ■ 1. The authority citation for part 71
                                                                                                    description; removes all current
                                           will be published subsequently in the                                                                          continues to read as follows:
                                                                                                    extensions at Kansas City International
                                           Order.                                                   Airport and Charles B. Wheeler                          Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                                                                                    Downtown Airport; and adds an                         40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                           Availability and Summary of                                                                                    1959–1963 Comp., p. 389.
                                           Documents for Incorporation by                           extension 2.0 miles each side of the 215°
                                           Reference                                                bearing from the Charles B. Wheeler                   § 71.1       [Amended]
                                                                                                    Downtown RWY 03 LOC from the 6.7-                     ■ 2. The incorporation by reference in
                                              This document amends FAA Order                        mile radius to 8.7 miles south of Charles
                                           7400.11B, Airspace Designations and                                                                            14 CFR 71.1 of FAA Order 7400.11B,
                                                                                                    B. Wheeler Downtown Airport.                          Airspace Designations and Reporting
                                           Reporting Points, dated August 3, 2017,                     Airspace reconfiguration is necessary
                                           and effective September 15, 2017. FAA                                                                          Points, dated August 3, 2017, and
                                                                                                    due to the decommissioning of the
                                           Order 7400.11B is publicly available as                                                                        effective September 15, 2017, is
                                                                                                    Riverside VOR as part of the VOR MON
                                           listed in the ADDRESSES section of this                                                                        amended as follows:
                                                                                                    Program and for the safety and
                                           document. FAA Order 7400.11B lists                       management of IFR operations at these                 Paragraph 5000      Class D Airspace.
                                           Class A, B, C, D, and E airspace areas,
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                                                                                                    airports.
                                           air traffic service routes, and reporting                                                                      *        *      *    *    *
                                           points.                                                  Regulatory Notices and Analyses                       ACE MO D Kansas City, MO [Amended]
                                                                                                       The FAA has determined that this                   Charles B. Wheeler Downtown Airport, MO
                                           The Rule
                                                                                                    regulation only involves an established                 (Lat. 39°07′23″ N, long. 94°35′34″ W)
                                             This amendment to title 14, Code of                    body of technical regulations for which               Charles B. Wheeler Downtown RWY 19 LOC
                                           Federal Regulations (14 CFR) part 71:                    frequent and routine amendments are                     (Lat. 39°06′50″ N, long. 94°35′44″ W)



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                                           35544                Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Rules and Regulations

                                           Charles B. Wheeler Downtown RWY 03 LOC                   ACTION:   Final rule.                                 1304.7 Responses to requests.
                                              (Lat. 39°07′40″ N, long. 94°35′17″ W)                                                                       1304.8 Confidential commercial
                                              That airspace extending upward from the               SUMMARY:   This rule amends the                           information.
                                           surface to and including 3,300 feet MSL                  Agency’s regulations under the Freedom                1304.9 Administrative appeals.
                                           within a 4.2-mile radius of Charles B.                   of Information Act (FOIA). The                        1304.10 Preservation of records.
                                           Wheeler Downtown Airport, excluding that                 regulation has been revised to update                 1304.11 Fees.
                                           airspace within the Kansas City, MO Class B                                                                    1304.12 Other rights and services.
                                                                                                    and implement the relevant provisions
                                           airspace area; and within 1.0 mile each side
                                           of the 012° bearing from the Charles B.
                                                                                                    of the Freedom of Information Act as                  Subpart B—[Reserved]
                                           Wheeler Downtown RWY 19 LOC, extending                   required under that statute. This
                                           from the 4.2-mile radius to 4.4 miles north              document will assist interested parties                 Authority: 5 U.S.C. 552, as amended.
                                           of the airport; and within 1.0 mile each side            in obtaining access to Millennium
                                           of the 013° bearing from the airport,                    Challenge Corporation public records.                 § 1304.1    General provisions.
                                           extending from the 4.2-mile radius to 4.3                DATES: This rule is effective July 27,                   This part contains the rules that the
                                           miles north of the airport; and within 1.0                                                                     Millennium Challenge Corporation
                                                                                                    2018.
                                           mile each side of the 215° bearing from the
                                                                                                                                                          (‘‘MCC’’) follows in processing requests
                                           Charles B. Wheeler Downtown RWY 03 LOC,                  FOR FURTHER INFORMATION CONTACT:
                                           extending from the 4.2-mile radius to 4.5                                                                      for records under the Freedom of
                                                                                                    Tamiko N.W. Watkins, Chief FOIA
                                           miles south of the airport; and within 1.0                                                                     Information Act (‘‘FOIA’’) (5 U.S.C.
                                                                                                    Officer, 202–521–3730.
                                           mile each side of the 218° bearing from the                                                                    552). The rules in this part should be
                                           airport, extending from the 4.2-mile radius to           SUPPLEMENTARY INFORMATION: The                        read in conjunction with the text of the
                                           5.0 miles south of the airport.                          Millennium Challenge Act (MCA) of                     FOIA and the Uniform Freedom of
                                                                                                    2003 established a new federal agency                 Information Act Fee Schedule and
                                           Paragraph 6004 Class E Airspace Areas                    called the Millennium Challenge
                                           Designated as an Extension to a Class D or                                                                     Guidelines published by the Office of
                                           Class E Surface Area.
                                                                                                    Corporation. Congress enacted the                     Management and Budget (‘‘OMB Fee
                                                                                                    Freedom of Information Act (FOIA) in                  Guidelines’’). In addition, the MCC
                                           *      *     *       *       *                           1966 and last modified it with the FOIA               FOIA web page contains information
                                           ACE MO E4 Kansas City Charles B. Wheeler                 Improvement Act of 2016. This rule                    about the specific procedures particular
                                           Downtown Airport, MO [Removed]                           addresses electronically available                    to MCC with respect to making FOIA
                                           Paragraph 6005 Class E Airspace Areas                    documents, procedures for making                      requests. This resource is available at
                                           Extending Upward From 700 Feet or More                   requests, agency handling of requests,                www.mcc.gov/resources/foia.
                                           Above the Surface of the Earth.                          records not disclosed, changes in fees,
                                           *      *     *       *       *                           and public reading rooms, as well as,                 § 1304.2    Definitions.
                                                                                                    other related provisions.                                Administrative appeal. An
                                           ACE MO E5 Kansas City, MO [Amended]                                                                            independent review of the initial
                                           Kansas City International Airport, MO                    Discussion of Final Rule and Response
                                                                                                                                                          determination made in response to a
                                             (Lat. 39°17′51″ N, long. 94°42′50″ W)                  to Comments and Other Changes From
                                                                                                                                                          FOIA request.
                                           Charles B. Wheeler Downtown Airport, MO                  Proposed Rule                                            Agency. Any executive department,
                                             (Lat. 39°07′23″ N, long. 94°35′34″ W)                    MCC reviewed all public comments                    military department, government
                                           Charles B. Wheeler Downtown RWY 03 LOC
                                             (Lat. 39°07′40″ N, long. 94°35′17″ W)                  and made the necessary revisions in                   corporation, government controlled
                                           Sherman Army Airfield (AAF), KS                          order to ensure that this rule complies               corporation, or other establishment in
                                             (Lat. 39°22′03″ N, long. 94°54′52″ W)                  with the Freedom of Information Act                   the executive branch of the Federal
                                             That airspace extending upward from 700                and FOIA Improvement Act of 2016.                     Government or any independent
                                           feet above the surface within a 7.6-mile                 These revisions include updating                      regulatory agency.
                                           radius of Kansas City International Airport;             definitions to reflect the definitions                   Business day or work day. A day of
                                           and within a 6.7-mile radius of Charles B.               identified in the Department of Justice               the week, excluding Saturday, Sunday,
                                           Wheeler Downtown Airport; and within 2.0                 Template for Agency FOIA Regulations.                 or legal public holidays.
                                           miles each side of the 215° bearing from the                                                                      Calendar days. Every day within a
                                           Charles B. Wheeler Downtown RWY 03 LOC,                  Lists of Subjects in 22 CFR Part 1304                 month, including Saturday, Sunday,
                                           extending from the 6.7-mile radius to 8.7                                                                      and legal public holidays. Unless
                                                                                                      Freedom of Information Act
                                           miles south of Charles B. Wheeler Downtown
                                           Airport; and within a 6.5-mile radius of                 procedures.                                           identified as a ‘‘business day’’ or ‘‘work
                                           Sherman AAF.                                             ■ For the reasons set forth in the                    day,’’ all timeframes and days noted in
                                                                                                    preamble, the Millennium Challenge                    this part shall be calculated in calendar
                                             Issued in Fort Worth, Texas, on July 16,
                                                                                                    Corporation amends chapter XIII of title              days.
                                           2018.
                                                                                                                                                             Chief FOIA Officer. A designated
                                           Walter Tweedy,                                           22 by revising part 1304 to read as
                                                                                                                                                          MCC employee who is a senior official,
                                           Acting Manager, Operations Support Group,                follows:
                                                                                                                                                          at the Assistant Secretary or equivalent
                                           ATO Central Service Center.                                                                                    level who, subject to the authority of the
                                           [FR Doc. 2018–16013 Filed 7–26–18; 8:45 am]
                                                                                                    PART 1304—PRODUCTION OR
                                                                                                    DISCLOSURE OF INFORMATION                             head of the agency, shall have agency
                                           BILLING CODE 4910–13–P                                                                                         wide responsibility for efficient and
                                                                                                    Subpart A—Procedures for Requests                     appropriate compliance with the FOIA.
                                                                                                    for Disclosure of Records Under the                   In addition, the Chief FOIA Officer shall
                                           MILLENNIUM CHALLENGE                                     Freedom of Information Act                            monitor implementation of the FOIA
                                           CORPORATION                                                                                                    throughout MCC and keep the head of
                                                                                                    Sec.                                                  the agency, the chief legal officer of the
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                                           22 CFR Part 1304                                         1304.1 General provisions.                            agency, and the Attorney General
                                                                                                    1304.2 Definitions.
                                                                                                    1304.3 Proactive disclosure of MCC records.
                                                                                                                                                          appropriately informed of the agency’s
                                           Freedom of Information Act
                                                                                                    1304.4 Requirements for making requests.              performance in implementing the FOIA;
                                           Regulations
                                                                                                    1304.5 Responsibility for acknowledgment              recommend to the head of the agency
                                           AGENCY: Millennium Challenge                                  and initial determinations.                      such adjustments to MCC’s practices,
                                           Corporation.                                             1304.6 Timing of responses to requests.               policies, personnel, and funding as may


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Document Created: 2018-07-27 04:05:22
Document Modified: 2018-07-27 04:05:22
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 8, 2018. 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.
ContactJeffrey Claypool, Federal Aviation Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5711.
FR Citation83 FR 35542 
RIN Number2120-AA66
CFR AssociatedAirspace; Incorporation by Reference and Navigation (air)

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