[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)]
[Rules and Regulations]
[Pages 35649-35651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16098]


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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.

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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]
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