[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Rules and Regulations]
[Pages 54042-54043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21245]



[[Page 54042]]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0517; Airspace Docket No. 21-ACE-15]
RIN 2120-AA66


Amendment of Class E Airspace; Newton, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends the Class E airspace at Newton-City-County 
Airport, Newton, KS. This action is the result of an airspace review 
caused by the decommissioning of the Newton non-directional beacon 
(NDB). The geographic coordinates of the airport are also being updated 
to coincide with the FAA's aeronautical database.

DATES: Effective 0901 UTC, December 2, 2021. The Director of the 
Federal Register approves this incorporation by reference action under 
1 CFR 51, subject to the annual revision of FAA Order JO 7400.11 and 
publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11F, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed online at https://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 JO 7400.11F at NARA, email: 
[email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

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 the Class E surface airspace and Class E airspace 
extending upward from 700 feet above the surface at Newton-City-County 
Airport, Newton, KS, to support instrument flight rule operations at 
this airport.

History

    The FAA published a notice of proposed rulemaking in the Federal 
Register (86 FR 38245; July 20, 2021) for Docket No. FAA-2021-0517 to 
amend the Class E airspace at Newton-City-County Airport, Newton, KS. 
Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal to the FAA. No 
comments were received.
    Class E airspace designations are published in paragraph 6002 and 
6005, respectively, of FAA Order JO 7400.11F, dated August 10, 2021, 
and effective September 15, 2021, which is incorporated by reference in 
14 CFR 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 JO 7400.11F, Airspace Designations 
and Reporting Points, dated August 10, 2021, and effective September 
15, 2021. FAA Order JO 7400.11F is publicly available as listed in the 
ADDRESSES section of this document. FAA Order JO 7400.11F lists Class 
A, B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

The Rule

    This amendment to 14 CFR part 71:
    Amends the Class E surface airspace at Newton-City-County Airport, 
Newton, KS by removing the Newton NDB and associated extensions from 
the airspace legal description;
    And amends the Class E airspace extending upward from 700 feet 
above the surface to within a 6.7-mile (reduced from a 6.8-mile) radius 
of Newton-City-County Airport; removes the Newton NDB and associated 
extension from the airspace legal description; and updates the 
geographic coordinates of the airport to coincide with the FAA's 
aeronautical database.
    This action is due to an airspace review caused by the 
decommissioning of the Newton NDB which provided navigation information 
for the instrument procedures this airport.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points, 
is published yearly and effective on September 15.

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 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 JO Order 
7400.11F,

[[Page 54043]]

Airspace Designations and Reporting Points, dated August 10, 2021, and 
effective September 15, 2021, is amended as follows:

Paragraph 6002 Class E Airspace Areas Designates as Surface Areas.

* * * * *

ACE KS E2 Newton, KS [Amended]

Newton-City-County Airport, KS
    (Lat. 38[deg]03'26'' N, long. 97[deg]16'31'' W)

    Within a 4.2-mile radius of Newton-City-County Airport.

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

* * * * *

ACE KS E5 Newton, KS [Amended]

Newton-City-County Airport, KS
    (Lat. 38[deg]03'26'' N, long. 97[deg]16'31'' W)

    That airspace extending upward from 700 feet above the surface 
within a 6.7-mile radius of Newton-City-County Airport.

    Issued in Fort Worth, Texas, on September 27, 2021.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2021-21245 Filed 9-29-21; 8:45 am]
BILLING CODE 4910-13-P