[Federal Register Volume 83, Number 236 (Monday, December 10, 2018)]
[Rules and Regulations]
[Pages 63405-63406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26567]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2018-0825; Airspace Docket No. 18-ASO-17]
RIN 2120-AA66
Amendment of Class D and Class E Airspace; Louisville, KY
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule, correction.
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SUMMARY: This editorial amendment corrects the legal description
published in the Federal Register on September 11, 2018, amending Class
E surface area for Louisville International Airport, Louisville, KY, by
removing excessive language (E-104) from the Class E surface area legal
description.
DATES: Effective 0901 UTC, February 28, 2019. 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.
FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; telephone (404) 305-6364.
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 amends Class E airspace at Louisville International Airport,
Louisville, KY, to support IFR operations at the airport.
History
The FAA published a final rule in the Federal Register (83 FR
45820, September 11, 2018) for Doc. No. FAA-2018-0825, amending Class D
airspace and Class E surface airspace at Bowman Field Airport,
Louisville, KY, that contained a clerical error in the airspace legal
description. `E-104' was incorrectly placed after the geographic
coordinates of Louisville International Airport, KY under the Class E
surface airspace.
Class E airspace designation are published in paragraph 6002, of
FAA Order 7400.11C dated August 13, 2018, and effective September 15,
2018, which is incorporated by reference in 14 CFR part 71.1. The Class
E airspace designations listed in this document will be published
subsequently in the Order.
Availability and Summary of Documents for Incorporation by Reference
This document amends FAA Order 7400.11C, Airspace Designations and
Reporting Points, dated August 13, 2018, and effective September 15,
2018. FAA Order 7400.11C is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11C lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.
The Rule
This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by correcting a clerical error in the regulatory text of Class
E airspace extending upward from the surface at Louisville
International Airport, Louisville, KY. The text is corrected to read,
`(Lat. 38[deg]10'27'' N, long. 85[deg]44'11'' W).'
Section 553(b)(3)(B) of the Administrative Procedures Act (5
U.S.C.) authorizes agencies to dispense with notice and comment
procedure when the agency for ``good cause'' finds that these
procedures are ``impracticable, or contrary to the public interest.''
Accordingly, action is taken herein to remove `E-104' from the
geographic coordinates for Louisville International Airport. Therefore,
in the interest of flight safety, I find that notice and public
procedure under 5 U.S.C. 553(b) are impracticable and contrary to the
public interest. Section 553(d) of the Administrative Procedures Act (5
U.S.C.) authorizes agencies to determine an effective date of less than
30 days after publication for good cause found and published with the
rule. In consideration of the need to correct the airspace description
for Louisville International Airport and to avoid confusion on the part
of pilots flying in the vicinity of airport, the FAA finds good cause
for making this amendment effective in less than 30 days in order to
promote the safe and efficient handling of air traffic in the area.
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.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
only affects air traffic procedures and air navigation, it is certified
that this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.
Environmental Review
The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS
0
1. The authority citation for part 71 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
[[Page 63406]]
Sec. 71.1 [Amended]
0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018,
effective September 15, 2018, is amended as follows:
Paragraph 6002 Class E Airspace Areas Designated as Surface Areas.
* * * * *
ASO KY E2 Louisville, KY [Amended]
Bowman Field Airport, KY
(Lat. 38[deg]13'41'' N, long. 85[deg]39'49'' W)
Louisville International Airport, KY
(Lat. 38[deg]10'27'' N, long. 85[deg]44'11'' W)
That airspace extending upward from the surface within a 3.9-
mile radius of Bowman Field Airport, excluding that portion within
the Louisville International Airport Field Class C airspace area,
and excluding that portion south of the 081[deg] bearing from
Louisville International Airport, and also excluding that portion
north of the Louisville International Airport Class C airspace area
and west of a line drawn from lat. 38[deg]11'28'' N, long.
85[deg]42'01'' W direct thru the point where the 030[deg] bearing
from Louisville International Airport intersects the 5-mile radius
from Louisville International Airport to the point of intersection
with the 3.9-mile radius from Bowman Field Airport. This Class E
airspace area is effective during the specific dates and times
established in advance by a Notice to Airmen. The effective date and
time will thereafter be continuously published in the Chart
Supplement.
Issued in College Park, Georgia, on November 29, 2018.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2018-26567 Filed 12-7-18; 8:45 am]
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