[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Rules and Regulations]
[Pages 72870-72871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25814]



[[Page 72870]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1007; Airspace Docket No. 22-ACE-17]
RIN 2120-AA66


Amendment of Class E Airspace; Independence and Pittsburg, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class E airspace at Independence and 
Pittsburg, KS. This action is the result of an airspace review 
conducted as part of the decommissioning of the Oswego very high 
frequency (VHF) omnidirectional range (VOR) as part of the VOR Minimal 
Operational Network (MON) Program. The geographic coordinates of the 
airports are also being updated to coincide with the FAA's aeronautical 
database.

DATES: Effective 0901 UTC, February 23, 2023. The Director of the 
Federal Register approves this incorporation by reference action under 
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11 
and publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11G, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed online at 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.

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 airspace extending upward from 700 feet above 
the surface at Independence Municipal Airport, Independence, KS, and 
Atkinson Municipal Airport, Pittsburg, KS, to support instrument flight 
rule operations at these airports.

History

    The FAA published a notice of proposed rulemaking in the Federal 
Register (87 FR 52357; August 25, 2022) for Docket No. FAA-2022-1007 to 
amend the Class E airspace at Independence and Pittsburg, 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 6005 of 
FAA Order JO 7400.11G, dated August 19, 2022, and effective September 
15, 2022, which is incorporated by reference in 14 CFR 71.1. The Class 
E airspace designations listed in this document will be published 
subsequently in FAA Order JO 7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11G, Airspace Designations 
and Reporting Points, dated August 19, 2022, and effective September 
15, 2022. FAA Order JO 7400.11G is publicly available as listed in the 
ADDRESSES section of this document. FAA Order JO 7400.11G 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 airspace extending upward from 700 feet above 
the surface within a 6.6-mile (decreased from a 7.6-mile) radius of 
Independence Municipal Airport, Independence, KS; and updates the 
geographic coordinates of the airport to coincide with the FAA's 
aeronautical database;
    And amends the Class E airspace extending upward from 700 feet 
above the surface at Atkinson Municipal Airport, Pittsburgh, KS, by 
updating the geographic coordinates of the airport to coincide with the 
FAA's aeronautical database; and removes the city associated with the 
airport in the header of the airspace legal description to comply with 
FAA Order JO 7400.2N, Procedures for Handling Airspace Matters.
    This action is the result of airspace reviews conducted as part of 
the decommissioning of the Oswego VOR, which provided navigation 
information for the instrument procedures these airports, as part of 
the VOR MON Program.
    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:

[[Page 72871]]

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.


71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 
7400.11G, Airspace Designations and Reporting Points, dated August 19, 
2022, and effective September 15, 2022, is amended as follows:

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

* * * * *

ACE KS E5 Independence, KS [Amended]

Independence Municipal Airport, KS
    (Lat. 37[deg]09'29'' N, long. 95[deg]46'44'' W)

    That airspace extending upward from 700 feet above the surface 
within a 6.6-mile radius of Independence Municipal Airport.
* * * * *

ACE KS E5 Pittsburg, KS [Amended]

Atkinson Municipal Airport, KS
    (Lat. 37[deg]27'00'' N, long. 94[deg]43'52'' W)

    That airspace extending upward from 700 feet above the surface 
within a 6.6-mile radius of Atkinson Municipal Airport.

    Issued in Fort Worth, Texas, on November 22, 2022.
Steven T. Phillips,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2022-25814 Filed 11-25-22; 8:45 am]
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