52762 Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Rules and Regulations 

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 

■ 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] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9Z, 

Airspace Designations and Reporting 

Points, dated August 6, 2015, and 

effective September 15, 2015, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

AGL MN E5 Hutchinson, MN [Amended] 

Hutchinson Municipal Airport-Butler Field, 

MN 

(Lat. 44°51′36′′ N., long. 94°22′57′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.6-mile 

radius of Hutchinson Municipal AirportButler Field. 

* * * * * 

AGL MN E5 Jackson, MN [Amended] 

Jackson Municipal Airport, MN 

(Lat. 43°39′01′′ N., long. 94°59′12′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.3-mile 

radius of Jackson Municipal Airport. 

* * * * * 

AGL MN E5 Pipestone, MN [Amended] 

Pipestone Municipal Airport, MN 

(Lat. 43°58′56′′ N., long. 96°18′01′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of Pipestone Municipal Airport. 

* * * * * 

AGL MN E5 Two Harbors, MN [Amended] 

Richard B. Helgeson Airport, MN 

(Lat. 47°02′57′′ N., long. 91°44′43′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7-mile radius 

of Richard B. Helgeson Airport. 

* * * * * 

AGL MN E5 Waseca, MN [Amended] 

Waseca Municipal Airport, MN 

(Lat. 44°04′24′′ N., long. 93°33′11′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.3-mile 

radius of Waseca Municipal Airport. 

Issued in Fort Worth, Texas, on August 1, 

2016. 

Walter Tweedy, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2016–18764 Filed 8–9–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2016–4236; Airspace 

Docket No. 16–ASW–5] 

Revocation of Class E Airspace; Lake 

Providence, LA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action removes Class E 

airspace extending upward from 700 

feet above the surface at Byerley 

Airport, Lake Providence, LA. The 

decommissioning of the non-directional 

radio beacon (NDB) and cancellation of 

Standard Instrument Approach 

Procedures have made this action 

necessary for continued safety and 

management within the National 

Airspace System. 

DATES: Effective 0901 UTC, November 

10, 2016. 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. 

ADDRESSES: FAA Order 7400.9Z, 

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 7400.9Z at NARA, call 202–741– 

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federalregulations/ibr_locations.html. 

FAA Order 7400.9, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Shelby, Federal Aviation 

Administration, Operations Support 

Group, Central Service Center, 10101 

Hillwood Parkway, Fort Worth, TX 

76177; telephone (817) 222–5857. 

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 removes 

Class E airspace at Byerley Airport, Lake 

Providence, LA. 

History 

On April 22, 2016, the FAA published 

in the Federal Register a notice of 

proposed rulemaking (NPRM) to remove 

Class E airspace extending upward from 

700 feet above the surface at Byerley 

Airport, Lake Providence, LA. (81 FR 

23660) Docket No. FAA–2016–4236. 

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 7400.9Z, dated August 6, 2015, 

and effective September 15, 2015, which 


Lhorne on DSK30JT082PROD with RULES
Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Rules and Regulations 52763 

is incorporated by reference in 14 CFR 

part 71.1. The Class E airspace 

designation 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 

7400.9Z, Airspace Designations and 

Reporting Points, dated August 6, 2015, 

and effective September 15, 2015. FAA 

Order 7400.9Z is publicly available as 

listed in the ADDRESSES section of this 

document. FAA Order 7400.9Z 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 

removes the Class E airspace area 

extending upward from 700 feet above 

the surface within a 6.3-mile radius of 

Byerley Airport, Lake Providence, LA. 

The controlled airspace is no longer 

necessary due to the decommissioning 

of the NDB and cancellation of the NDB 

approach at the airport. 

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 

■ 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] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9Z, 

Airspace Designations and Reporting 

Points, dated August 6, 2015, and 

effective September 15, 2015, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASW LA E5 Lake Providence, LA 

(Removed) 

Issued in Fort Worth, Texas, on July 28, 

2016. 

Walter Tweedy, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2016–18771 Filed 8–9–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

14 CFR Part 383 

RIN 2105–AE51 

Revisions to Civil Penalty Amounts 

AGENCY: Office of the Secretary (OST), 

Department of Transportation (DOT). 

ACTION: Interim final rule. 

SUMMARY: In accordance with the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015, the Department of Transportation 

is issuing an interim final rule to adjust 

for inflation the maximum civil penalty 

amounts for violations of certain 

aviation economic statutes and the rules 

and orders issued pursuant to these 

statutes. 

DATES: The rule is effective August 10, 

2016. 

FOR FURTHER INFORMATION CONTACT: 

Stuart A. Hindman, Trial Attorney, 

Office of Aviation Enforcement and 

Proceedings, U.S. Department of 

Transportation, 1200 New Jersey Ave. 

SE., Washington, DC 20590, 202–366– 

9342, 202–366–7152 (fax), 

stuart.hindman@dot.gov (email). 

SUPPLEMENTARY INFORMATION: 

I. Regulatory Information 

DOT is promulgating this interim 

final rule to ensure that the maximum 

civil penalty liability amounts set forth 

in 14 CFR part 383 that may be assessed 

by the Department as a result of 

violations of certain economic 

provisions of Title 49 of the United 

States Code reflect the statutorily 

mandated maximums as adjusted for 

inflation. Pursuant to section 701 of the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (the 2015 Act), DOT is required to 

promulgate a ‘‘catch-up adjustment’’ 

through an interim final rule. Public 

Law 114–74. The 2015 Act requires the 

Department to adjust certain civil 

penalty amounts and provides clear 

direction for how to adjust the civil 

penalties, which leaves the agency little 

room for discretion. By operation of the 

2015 Act, DOT must publish the catchup adjustment by July 1, 2016, and the 

new levels must take effect no later than 

August 1, 2016. For these reasons, 

pursuant to the 2015 Act and 5 U.S.C. 

553(b)(3)(B), 553(d)(3), DOT finds that 

good cause exists for immediate 

implementation of this interim final rule 

without prior notice and comment and 

with an immediate effective date. 

II. Background 

On November 2, 2015, the President 

signed into law the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015, which 

amended the Federal Civil Penalties 

Inflation Adjustment Act of 1990 (the 

Inflation Adjustment Act), to improve 

the effectiveness of civil monetary 

penalties and to maintain their deterrent 

effect. The 2015 Act requires agencies 

to: (1) Adjust the level of civil monetary 

penalties with an initial ‘‘catch-up’’ 

adjustment through an interim final rule 

(IFR); and (2) make subsequent annual 

adjustments for inflation. 

The method of calculating inflation 

adjustments in the 2015 Act differs 

substantially from the methods used in 

past inflation adjustment rulemakings 

conducted pursuant to the Inflation 

Adjustment Act. Previously, 

adjustments to civil penalty amounts 

were conducted under requirements 

that mandated significant rounding of 

figures. For example, a penalty increase 


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