[Federal Register Volume 84, Number 28 (Monday, February 11, 2019)]
[Rules and Regulations]
[Pages 3098-3100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01702]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0829; Airspace Docket No. 18-AGL-23]
RIN 2120-AA66


Amendment of Class D and E Airspace; Milwaukee, WI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies Class D airspace and Class E airspace 
extending upward from 700 feet above the surface at Lawrence J. 
Timmerman Airport, Milwaukee, WI, due to the decommissioning of the 
Timmerman VHF omnidirectional range (VOR) navigation aid, which 
provided navigation information for the instrument procedures at this 
airport, as part of the VOR Minimum Operational Network (MON) Program. 
This action would also replace the outdated term ``Airport/Facility 
Directory'' with ``Chart Supplement.'' Airspace redesign is necessary 
for the safety and management of instrument flight rules (IFR) 
operations at this airport.

DATES: Effective 0901 UTC, April 25, 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.

ADDRESSES: FAA Order 7400.11C, 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 7400.11C 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 amends Class D airspace and Class E airspace extending upward 
from 700 feet above the surface at Lawrence J. Timmerman

[[Page 3099]]

Airport, Milwaukee, WI, to support IFR operations at this airport.

History

    The FAA published a notice of proposed rulemaking in the Federal 
Register (83 FR 51895; October 15, 2018) for Docket No. FAA-2018-0829 
to amend Class D airspace and Class E airspace extending upward from 
700 feet above the surface at Lawrence J. Timmerman Airport, Milwaukee, 
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 discovered typographic errors in 
the airspace legal descriptions as follows:
    The airport latitude coordinate in the Class D airspace legal 
description should be ``43[deg]06'37'' N.'' vice ``43[deg]06'39'' N.'';
    The radius in the Class D airspace legal description should be a 
``3.9-mile radius'' vice a ``4.4-mile radius'';
    And the extensions in the Class E airspace extending upward from 
700 feet above the surface airspace legal description at Lawrence J. 
Timmerman Airport, Milwaukee, WI, should be, ``. . . and within 2 miles 
each side of the 218[deg] bearing from the Lawrence J. Timmerman 
Airport extending from the 6.4-mile radius to 11.7 miles southwest of 
Lawrence J. Timmerman Airport, and within 9 miles west and 6 miles east 
of the 328[deg] bearing from the Lawrence J. Timmerman: RWY15L-LOC 
extending from the 6.4-mile radius to 10 miles northwest of the 
Lawrence J. Timmerman Airport.'' vice ``. . . and within 2 miles each 
side of the 218[deg] bearing from the Lawrence J. Timmerman Airport 
extending from the 6.4-mile radius to 11.7 miles northwest of Lawrence 
J. Timmerman Airport, and within 9 miles west and 6 miles east of the 
328[deg] bearing from the Lawrence J. Timmerman: RWY15-LOC extending 
from the 6.4-mile radius to 10 miles from the Lawrence J. Timmerman 
Airport.''
    These errors have been corrected in this final rule.
    Class D and E airspace designations are published in paragraph 5000 
and 6005, respectively, of FAA Order 7400.11C, dated August 13, 2018, 
and effective September 15, 2018, 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 7400.11C, 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 amendment to Title 14 Code of Federal Regulations (14 CFR) 
part 71 modifies:
    Class D airspace to within a 3.9-mile radius (reduced from a 4.4-
mile radius) of Lawrence J. Timmerman Airport, Milwaukee, WI; and 
updates the airspace designation from ``Milwaukee, Lawrence J. 
Timmerman Airport, WI'' to ``Milwaukee, WI'', removes the city from the 
airport name, and makes an editorial change replacing ``Airport/
Facility Directory'' with ``Chart Supplement'' to comply with FAA Order 
7400.2L, Procedures for Handling Airspace Matters; and
    Class E airspace extending upward from 700 feet above the surface 
to within a 6.4-mile radius (reduced from an 8.9-mile radius) of 
Lawrence J. Timmerman Airport, Milwaukee, WI; adds an extension within 
2 miles each side of the 218[deg] bearing from Lawrence J. Timmerman 
Airport extending from the 6.4-mile radius to 11.7 miles southwest of 
the airport; adds an extension within 9 miles west and 6 miles east of 
the 328[deg] bearing from the Lawrence J. Timmerman: RWY 15L-LOC 
extending from the 6.4-mile radius to 10 miles northwest of the 
airport.
    This action is necessary due to an airspace review caused by the 
decommissioning of the Timmerman VOR, which provided navigation 
information for the instrument procedures at these airports, as part of 
the VOR MON Program.
    The typographic errors in the airspace legal descriptions have been 
corrected in this rule. Except for these corrections, this rule is the 
same as published in the NPRM.

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 7400.11C, 
Airspace Designations and Reporting Points, dated August 13, 2018, and 
effective September 15, 2018, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AGL WI D Milwaukee, WI [Amended]

Lawrence J. Timmerman Airport, WI
    (Lat. 43[deg]06'37'' N, long. 88[deg]02'04'' W)

    That airspace extending upward from the surface to and including 
3,200 feet MSL within a 3.9-mile radius of Lawrence J. Timmerman 
Airport, excluding that airspace within the Milwaukee, WI, Class C 
airspace area. This Class D airspace area is effective during the 
specific dates and times

[[Page 3100]]

established in advance by a Notice to Airmen. The effective date and 
time will thereafter be continuously published in the Chart 
Supplement.

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

* * * * *

AGL WI E5 Milwaukee, WI [Amended]

General Mitchell International Airport, WI
    (Lat. 42[deg]56'49'' N, long. 87[deg]53'49'' W)
Batten International Airport, WI
    (Lat. 42[deg]45'40'' N, long. 87[deg]48'50'' W)
Waukesha County Airport, WI
    (Lat. 43[deg]02'28'' N, long. 88[deg]14'13'' W)
Lawrence J. Timmerman Airport, WI
    (Lat. 43[deg]06'37'' N, long. 88[deg]02'04'' W)
Lawrence J. Timmerman: RWY 15L-LOC
    (Lat. 43[deg]06'20'' N, long. 88[deg]01'44'' W)

    That airspace extending upward from 700 feet above the surface 
within a 8.4-mile radius of General Mitchell International Airport, 
and within an 6.6-mile radius of Batten International Airport, and 
within a 7.5-mile radius of Waukesha County Airport, and within 2 
miles each side of the 282[deg] bearing from Waukesha County Airport 
extending from the 7.5-mile radius to 10.5 miles west of Waukesha 
County Airport, and within a 6.4-mile radius of Lawrence J. 
Timmerman Airport, and within 2 miles each side of the 218[deg] 
bearing from the Lawrence J. Timmerman Airport extending from the 
6.4-mile radius to 11.7 miles southwest of Lawrence J. Timmerman 
Airport, and within 9 miles west and 6 miles east of the 328[deg] 
bearing from the Lawrence J. Timmerman: RWY15L-LOC extending from 
the 6.4-mile radius to 10 miles northwest of the Lawrence J. 
Timmerman Airport.

    Issued in Fort Worth, Texas, on February 4, 2019.
John A. Witucki,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2019-01702 Filed 2-8-19; 8:45 am]
BILLING CODE 4910-13-P