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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] 

# AGENCY:

Federal Aviation Administration (FAA), DOT. 

# ACTION:

Final rule.

# 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 

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. 

§ 71.1

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