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[Federal Register Volume 76, Number 70 (Tuesday, April 12, 2011)]
[Rules and Regulations]
[Page 20233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8538]

[[Page 20233]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0869; Airspace Docket No. 10-AEA-21]

Revocation of Class E Airspace; Kutztown, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action removes Class E Airspace at Kutztown, PA. The 
Kutztown Airport has been abandoned and therefore controlled airspace 
associated with the airport is being removed.

DATES: Effective date: 0901 UTC, June 30, 2011. 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 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Richard Horrocks, Operations Support 
Group, Eastern Service Center, Federal Aviation Administration, P.O. 
Box 20636, Atlanta, Georgia 30320; telephone (404) 305-5588.

SUPPLEMENTARY INFORMATION:

History

    The FAA received a notice from its Aeronautical Products office 
that the Kutztown Airport, PA, has been listed as abandoned as per 
NFDD09-240 (12/16/2009). After evaluation it was decided the Class E 
airspace associated with the Kutztown Airport is no longer required.
    Since this action eliminates the impact of controlled airspace on 
users of the National Airspace System in the vicinity of the Kutztown 
Airport, notice and public procedure under 5 U.S.C. 553(b) are 
unnecessary. Class E airspace designations are published in paragraph 
6005 of FAA Order 7400.9U dated August 18, 2010, and effective 
September 15, 2010, which is incorporated by reference in 14 CFR 71.1. 
The Class E designation listed in this document will be removed from 
publication subsequently in the Order.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR) 
part 71 removes Class E airspace at Kutztown Airport, Kutztown, PA, as 
the airport has been abandoned and all instrument approach procedures 
cancelled.
    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 will only affect air traffic procedures and air navigation, it is 
certified that this rule, when promulgated, will not have a significant 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act.
    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 removes controlled airspace at Kutztown, PA.

List 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(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 Federal Aviation 
Administration Order 7400.9U, Airspace Designations and Reporting 
Points, dated August 18, 2010, and effective September 15, 2010, is 
amended as follows:

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

* * * * *

AEA PA E5 Kutztown, PA [Removed]

    Issued in College Park, Georgia, on April 1, 2011.
Mark D. Ward,
Manager, Operations Support Group, Eastern Service Center, Air Traffic 
Organization.
[FR Doc. 2011-8538 Filed 4-11-11; 8:45 am]
BILLING CODE 4910-13-P
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