[Federal Register Volume 83, Number 145 (Friday, July 27, 2018)]
[Rules and Regulations]
[Pages 35542-35544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16013]


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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.

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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

[[Page 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[deg] 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[deg] 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[deg] 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[deg] 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[deg] 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

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.


Sec.  71.1  [Amended]

0
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[deg]07'23'' N, long. 94[deg]35'34'' W)
Charles B. Wheeler Downtown RWY 19 LOC
    (Lat. 39[deg]06'50'' N, long. 94[deg]35'44'' W)

[[Page 35544]]

Charles B. Wheeler Downtown RWY 03 LOC
    (Lat. 39[deg]07'40'' N, long. 94[deg]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[deg] 
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[deg] 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[deg] 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[deg] 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[deg]17'51'' N, long. 94[deg]42'50'' W)
Charles B. Wheeler Downtown Airport, MO
    (Lat. 39[deg]07'23'' N, long. 94[deg]35'34'' W)
Charles B. Wheeler Downtown RWY 03 LOC
    (Lat. 39[deg]07'40'' N, long. 94[deg]35'17'' W)
Sherman Army Airfield (AAF), KS
    (Lat. 39[deg]22'03'' N, long. 94[deg]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[deg] 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