35542 Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Rules and Regulations 

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 7400.11B, 

Airspace Designations and Reporting 

Points, dated August 3, 2017, and 

effective September 15, 2017, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASW TX E5 Clarendon, TX [Removed] 

Issued in Fort Worth, Texas, on July 16, 

2018. 

Walter Tweedy, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2018–16019 Filed 7–26–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2017–1083; Airspace 

Docket No. 17–ACE–13] 

RIN 2120–AA66 

Amendment of Class D and E 

Airspace; Kansas City, MO; and 

Revocation of Class E Airspace; 

Kansas City, MO 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies Class D 

airspace at Charles B. Wheeler 

Downtown Airport, Kansas City, MO; 

removes Class E airspace designated as 

an extension to Class D airspace at 

Charles B. Wheeler Downtown Airport; 

and modifies Class E airspace extending 

upward from 700 feet above the surface 

at Kansas City International Airport, 

Kansas City, MO, and Charles B. 

Wheeler Downtown Airport. This action 

is required due to the decommissioning 

of the Riverside VHF omnidirectional 

range (VOR) facility, which provided 

navigation guidance for the instrument 

procedures to Charles B. Wheeler 

Downtown Airport. The VOR has been 

decommissioned as part of the VOR 

Minimum Operational Network (MON) 

Program. Additionally, the geographic 

coordinates and airport name are being 

updated to coincide with the FAA’s 

aeronautical database. This action is 

necessary for the safety and 

management of instrument flight rules 

(IFR) operations at these airports. 

DATES: Effective 0901 UTC, November 8, 

2018. 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 

7400.11 and publication of conforming 

amendments. 

ADDRESSES: FAA Order 7400.11B, 

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 7400.11B at NARA, call (202) 

741–6030, or go to https://

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

FAA Order 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

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 would 

support IFR operations at Charles B. 

Wheeler Downtown Airport, and Kansas 

City International Airport, Kansas City, 

MO. 

History 

The FAA published a notice of 

proposed rulemaking in the Federal 

Register (83 FR 4611; February 1, 2018) 

for Docket No. FAA–2017–1083 to 

modify Class D airspace at Charles B. 

Wheeler Downtown Airport, Kansas 

City, MO; remove Class E airspace 

designated as an extension to Class D 

airspace at Charles B. Wheeler 

Downtown Airport; and modify Class E 

airspace extending upward from 700 

feet above the surface at Kansas City 

International Airport, Kansas City, MO, 

and Charles B. Wheeler Downtown 

Airport. Interested parties were invited 

to participate in this rulemaking effort 

by submitting written comments on the 

proposal to the FAA. One comment was 

received from the Aircraft Owners and 

Pilots Association (AOPA). In their 

comment, AOPA stated that the NPRM 

did not comply with FAA guidance in 

FAA Order 7400.2L, Procedures for 

Handling Airspace Matters, because a 

graphic was not included in the docket. 

Additionally, AOPA encouraged the 

FAA to follow their guidance in the 

Order by making the action effective 

date coincidental to the sectional chart 

publication date. 

The FAA has determined AOPA’s 

comments raised no substantive issues 

with respect to the proposed changes to 

the airspace addressed in the NPRM. To 

the extent the FAA failed to follow its 

policy guidance reference publishing 

graphics in the docket and establishing 

the Class D airspace effective date to 

match the sectional chart date, we note 

the following. 

With respect to AOPA’s comment 

addressing graphics, FAA Order 

7400.2L, paragraph 2–3–3.c. requires the 

official docket to include available 

graphics. For this airspace action, no 

graphics were deemed necessary or 

produced in the review or development 

of the proposed airspace amendments 

noted in the NPRM; therefore, no 

graphics were available to include in the 

docket. 

Specific to AOPA’s comment 

regarding the FAA already creating a 

graphical depiction of new or modified 

airspace overlaid on a Sectional Chart 

for quality assurance purposes, this is 

not correct nor required in all cases. 

During the airspace reviews, airspace 

graphics may be created, if deemed 

necessary, to determine if there are any 

terrain issues, or if cases are considered 

complex. However, in many cases when 

developing an airspace amendment 

proposal, a graphic is not required. It 

was unclear if the graphic AOPA argued 


amozie on DSK3GDR082PROD with RULES
Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Rules and Regulations 35543 

was already created with a sectional 

chart background was actually the 

airspace graphic created by the 

Aeronautical Informational Services 

office in preparation of publishing the 

sectional charts. However, that graphic 

is normally created after the rulemaking 

determination is published. 

With respect to AOPA’s comment 

addressing effective dates, FAA Order 

7400.2L, paragraph 2–3–7.a.4. states 

that, to the extent practicable, Class D 

airspace area and restricted area rules 

should become effective on a sectional 

chart date and that consideration should 

be given to selecting a sectional chart 

date that matches a 56-day en route 

chart cycle date. The FAA does consider 

publishing Class D airspace amendment 

effective dates to coincide with the 

publication of sectional charts, to the 

extent practicable; however, this 

consideration is accomplished after the 

NPRM comment period ends in the final 

rule. Substantive comments received to 

NPRMs, flight safety concerns, 

management of IFR operations at 

affected airports, and immediacy of 

required proposed airspace amendments 

are some of the factors that must be 

taken into consideration when selecting 

the appropriate effective date. After 

considering all factors, the FAA may 

determine that selecting an effective 

date that conforms to a 56-day en route 

chart cycle date that is not coincidental 

to sectional chart dates is better for the 

National Airspace System and its users 

than awaiting the next sectional chart 

date. 

Class D and E airspace designations 

are published in paragraph 5000, 6004, 

and 6005, respectively, of FAA Order 

7400.11B, dated August 3, 2017, and 

effective September 15, 2017, which is 

incorporated by reference in 14 CFR 

71.1. The Class D and 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 

7400.11B, Airspace Designations and 

Reporting Points, dated August 3, 2017, 

and effective September 15, 2017. FAA 

Order 7400.11B is publicly available as 

listed in the ADDRESSES section of this 

document. FAA Order 7400.11B 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: 

Amends the Class D airspace at 

Charles B. Wheeler Downtown Airport 

by updating the header of the airspace 

legal description to Kansas City, MO, 

(from Kansas City Charles B. Wheeler 

Downtown Airport, MO) to comply with 

FAA Order 7400.2L; adds an extension 

1.0 mile each side of the 012° bearing 

from the Charles B. Wheeler Downtown 

RWY 19 LOC from the 4.2-mile radius 

to 4.4 miles from the airport; adds an 

extension 1.0 mile each side of the 013° 

bearing from the airport from the 4.2- 

mile radius to 4.3 miles north of the 

airport; adds an extension 1.0 mile each 

side of the 215° bearing from the Charles 

B. Wheeler Downtown RWY 03 LOC 

from the 4.2-mile radius to 4.5 miles 

northeast of the airport; adds an 

extension 1.0 mile each side of the 218° 

bearing from the airport from the 4.2- 

mile radius to 5.0 miles south of the 

airport; and updates the geographic 

coordinates of the airport to coincide 

with the FAA’s aeronautical database; 

Removes the Class E airspace 

designated as an extension to Class D 

airspace at Charles B. Wheeler 

Downtown Airport as the airspace is no 

longer required; and 

Amends Class E airspace extending 

upward from 700 feet above the surface 

at Kansas City, MO, by updating the 

header of the airspace legal description 

to Kansas City, MO, (from Kansas City 

International Airport, MO) to comply 

with FAA Order 7400.2L; updates the 

name and geographic coordinates of 

Charles B. Wheeler Downtown Airport 

(formerly Kansas City Downtown 

Airport) and the geographic coordinates 

of Sherman Army Airfield (AAF), KS, to 

coincide with the FAA’s aeronautical 

database; removes the Kansas City 

VORTAC, DOTTE LOM, Riverside VOR/ 

DME ILS RWY 19R localizer, ILS RWY 

19 localizer, ILS RWY 1L localizer, and 

ILS RWY 1R localizer from the airspace 

description; removes all current 

extensions at Kansas City International 

Airport and Charles B. Wheeler 

Downtown Airport; and adds an 

extension 2.0 miles each side of the 215° 

bearing from the Charles B. Wheeler 

Downtown RWY 03 LOC from the 6.7- 

mile radius to 8.7 miles south of Charles 

B. Wheeler Downtown Airport. 

Airspace reconfiguration is necessary 

due to the decommissioning of the 

Riverside VOR as part of the VOR MON 

Program and for the safety and 

management of IFR operations at these 

airports. 

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 7400.11B, 

Airspace Designations and Reporting 

Points, dated August 3, 2017, and 

effective September 15, 2017, is 

amended as follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

ACE MO D Kansas City, MO [Amended] 

Charles B. Wheeler Downtown Airport, MO 

(Lat. 39°07′23′′ N, long. 94°35′34′′ W) 

Charles B. Wheeler Downtown RWY 19 LOC 

(Lat. 39°06′50′′ N, long. 94°35′44′′ W) 


amozie on DSK3GDR082PROD with RULES
35544 Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Rules and Regulations 

Charles B. Wheeler Downtown RWY 03 LOC 

(Lat. 39°07′40′′ N, long. 94°35′17′′ W) 

That airspace extending upward from the 

surface to and including 3,300 feet MSL 

within a 4.2-mile radius of Charles B. 

Wheeler Downtown Airport, excluding that 

airspace within the Kansas City, MO Class B 

airspace area; and within 1.0 mile each side 

of the 012° bearing from the Charles B. 

Wheeler Downtown RWY 19 LOC, extending 

from the 4.2-mile radius to 4.4 miles north 

of the airport; and within 1.0 mile each side 

of the 013° bearing from the airport, 

extending from the 4.2-mile radius to 4.3 

miles north of the airport; and within 1.0 

mile each side of the 215° bearing from the 

Charles B. Wheeler Downtown RWY 03 LOC, 

extending from the 4.2-mile radius to 4.5 

miles south of the airport; and within 1.0 

mile each side of the 218° bearing from the 

airport, extending from the 4.2-mile radius to 

5.0 miles south of the airport. 

Paragraph 6004 Class E Airspace Areas 

Designated as an Extension to a Class D or 

Class E Surface Area. 

* * * * * 

ACE MO E4 Kansas City Charles B. Wheeler 

Downtown Airport, MO [Removed] 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ACE MO E5 Kansas City, MO [Amended] 

Kansas City International Airport, MO 

(Lat. 39°17′51′′ N, long. 94°42′50′′ W) 

Charles B. Wheeler Downtown Airport, MO 

(Lat. 39°07′23′′ N, long. 94°35′34′′ W) 

Charles B. Wheeler Downtown RWY 03 LOC 

(Lat. 39°07′40′′ N, long. 94°35′17′′ W) 

Sherman Army Airfield (AAF), KS 

(Lat. 39°22′03′′ N, long. 94°54′52′′ W) 

That airspace extending upward from 700 

feet above the surface within a 7.6-mile 

radius of Kansas City International Airport; 

and within a 6.7-mile radius of Charles B. 

Wheeler Downtown Airport; and within 2.0 

miles each side of the 215° bearing from the 

Charles B. Wheeler Downtown RWY 03 LOC, 

extending from the 6.7-mile radius to 8.7 

miles south of Charles B. Wheeler Downtown 

Airport; and within a 6.5-mile radius of 

Sherman AAF. 

Issued in Fort Worth, Texas, on July 16, 

2018. 

Walter Tweedy, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2018–16013 Filed 7–26–18; 8:45 am] 

BILLING CODE 4910–13–P 

MILLENNIUM CHALLENGE 

CORPORATION 

22 CFR Part 1304 

Freedom of Information Act 

Regulations 

AGENCY: Millennium Challenge 

Corporation. 

ACTION: Final rule. 

SUMMARY: This rule amends the 

Agency’s regulations under the Freedom 

of Information Act (FOIA). The 

regulation has been revised to update 

and implement the relevant provisions 

of the Freedom of Information Act as 

required under that statute. This 

document will assist interested parties 

in obtaining access to Millennium 

Challenge Corporation public records. 

DATES: This rule is effective July 27, 

2018. 

FOR FURTHER INFORMATION CONTACT: 

Tamiko N.W. Watkins, Chief FOIA 

Officer, 202–521–3730. 

SUPPLEMENTARY INFORMATION: The 

Millennium Challenge Act (MCA) of 

2003 established a new federal agency 

called the Millennium Challenge 

Corporation. Congress enacted the 

Freedom of Information Act (FOIA) in 

1966 and last modified it with the FOIA 

Improvement Act of 2016. This rule 

addresses electronically available 

documents, procedures for making 

requests, agency handling of requests, 

records not disclosed, changes in fees, 

and public reading rooms, as well as, 

other related provisions. 

Discussion of Final Rule and Response 

to Comments and Other Changes From 

Proposed Rule 

MCC reviewed all public comments 

and made the necessary revisions in 

order to ensure that this rule complies 

with the Freedom of Information Act 

and FOIA Improvement Act of 2016. 

These revisions include updating 

definitions to reflect the definitions 

identified in the Department of Justice 

Template for Agency FOIA Regulations. 

Lists of Subjects in 22 CFR Part 1304 

Freedom of Information Act 

procedures. 

■ For the reasons set forth in the 

preamble, the Millennium Challenge 

Corporation amends chapter XIII of title 

22 by revising part 1304 to read as 

follows: 

PART 1304—PRODUCTION OR 

DISCLOSURE OF INFORMATION 

Subpart A—Procedures for Requests 

for Disclosure of Records Under the 

Freedom of Information Act 

Sec. 

1304.1 General provisions. 

1304.2 Definitions. 

1304.3 Proactive disclosure of MCC records. 

1304.4 Requirements for making requests. 

1304.5 Responsibility for acknowledgment 

and initial determinations. 

1304.6 Timing of responses to requests. 

1304.7 Responses to requests. 

1304.8 Confidential commercial 

information. 

1304.9 Administrative appeals. 

1304.10 Preservation of records. 

1304.11 Fees. 

1304.12 Other rights and services. 

Subpart B—[Reserved] 

Authority: 5 U.S.C. 552, as amended. 

§ 1304.1 General provisions. 

This part contains the rules that the 

Millennium Challenge Corporation 

(‘‘MCC’’) follows in processing requests 

for records under the Freedom of 

Information Act (‘‘FOIA’’) (5 U.S.C. 

552). The rules in this part should be 

read in conjunction with the text of the 

FOIA and the Uniform Freedom of 

Information Act Fee Schedule and 

Guidelines published by the Office of 

Management and Budget (‘‘OMB Fee 

Guidelines’’). In addition, the MCC 

FOIA web page contains information 

about the specific procedures particular 

to MCC with respect to making FOIA 

requests. This resource is available at 

www.mcc.gov/resources/foia. 

§ 1304.2 Definitions. 

Administrative appeal. An 

independent review of the initial 

determination made in response to a 

FOIA request. 

Agency. Any executive department, 

military department, government 

corporation, government controlled 

corporation, or other establishment in 

the executive branch of the Federal 

Government or any independent 

regulatory agency. 

Business day or work day. A day of 

the week, excluding Saturday, Sunday, 

or legal public holidays. 

Calendar days. Every day within a 

month, including Saturday, Sunday, 

and legal public holidays. Unless 

identified as a ‘‘business day’’ or ‘‘work 

day,’’ all timeframes and days noted in 

this part shall be calculated in calendar 

days. 

Chief FOIA Officer. A designated 

MCC employee who is a senior official, 

at the Assistant Secretary or equivalent 

level who, subject to the authority of the 

head of the agency, shall have agency 

wide responsibility for efficient and 

appropriate compliance with the FOIA. 

In addition, the Chief FOIA Officer shall 

monitor implementation of the FOIA 

throughout MCC and keep the head of 

the agency, the chief legal officer of the 

agency, and the Attorney General 

appropriately informed of the agency’s 

performance in implementing the FOIA; 

recommend to the head of the agency 

such adjustments to MCC’s practices, 

policies, personnel, and funding as may 


amozie on DSK3GDR082PROD with RULES