19860 Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations 

Within a 4.2-mile radius of Lake City 

Gateway Airport. This Class E airspace area 

is effective during the specific dates and 

times established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO FL E5 Lake City, FL [Amended] 

Lake City Gateway Airport, FL 

(Lat. 30°10′55′′ N., long. 82°34′37′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7-mile radius 

of Lake City Gateway Airport. 

Issued in College Park, Georgia, on March 

29, 2016. 

Ryan W. Almasy, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2016–07782 Filed 4–5–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2016–4239; Airspace 

Docket No. 16–ASO–4] 

Amendment of Class D Airspace for 

Bartow, FL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class D 

Airspace at Bartow Municipal Airport, 

Bartow, FL, by adjusting the ceiling of 

the Class D airspace area from 2,600 feet 

to 1,600 feet above the surface. This 

change allows the air traffic control 

tower at Tampa International Airport, 

Tampa, FL, to carry out Letter of 

Agreement procedures, already 

established, between Bartow Air Traffic 

Control Tower and Tampa Terminal 

Radar Approach Control (TRACON) for 

the safety and management of standard 

instrument approach procedures 

(SIAPs) and for Instrument Flight Rule 

(IFR) operations in the area. 

DATES: Effective 0901 UTC, May 26, 

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/ 

airtraffic/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: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–6364. 

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 amends 

Class D airspace at Bartow Municipal 

Airport, Bartow, FL. 

History 

In a review of the airspace, the FAA 

found the Class D airspace description 

for Bartow Municipal Airport, Bartow, 

FL, published in FAA Order 7400.9Z, 

describes the ceiling as, extending 

upward from the surface to and 

including 2,600 feet MSL. The Tampa 

International Airport Class B airspace 

area has control of aircraft operating at 

and above 1,800 feet MSL in the Bartow, 

FL, Class D airspace area. The FAA is 

lowering the Class D airspace area to 

1,600 feet MSL to avoid the overlap 

between the two facilities. To avoid 

confusion on the part of the pilots 

overflying the Bartow, FL, area, the FAA 

finds that notice and public procedure 

under 5 U.S.C 553(b) are impracticable 

and contrary to the public interest. To 

be consistent with the FAA’s safety 

mandate when an unsafe condition 

exists, the FAA finds good cause 

pursuant to 5 U.S.C. 553(d) for making 

this amendment effective in less than 30 

days to promote the safe and efficient 

handling of air traffic in the area. 

Class D airspace designations are 

published in paragraphs 5000 of FAA 

Order 7400.9Z dated August 6, 2015, 

and effective September 15, 2015, which 

is incorporated by reference in 14 CFR 

part 71.1. The Class D 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 

7400.9Z, 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 action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

lowering the Class D ceiling airspace 

area from 2,600 feet MSL to and 

including 1,600 feet MSL at Bartow 

Municipal Airport, Bartow, FL. The 

Letter of Agreement between Tampa 

TRACON and Bartow ATCT, established 

June 3, 2013, states that Tampa 

TRACON shall control aircraft operating 

at or above 1,800 feet MSL in the Bartow 

Airport Class D airspace area. This 

airspace change eliminates pilot 

confusion for those aircraft operating 

above 1,600 feet MSL in the Bartow 

Airport Class D airspace area. 

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. 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 


asabaliauskas on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations 19861 

1 73 FR 29550 (May 21, 2008). 

2 73 FR 3510 (Jan. 18, 2008). 3 80 FR 1274. 

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 5–6.5a. 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, effective 

September 15, 2015, is amended as 

follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

ASO FL D Bartow, FL [Amended] 

Bartow Municipal Airport, FL 

(Lat. 27°56′36′′ N., long. 81°47′00′′ W.) 

That airspace extending upward from the 

surface to and including 1,600 feet MSL 

within a 4-mile radius of Bartow Municipal 

Airport. This Class D airspace area is 

effective during the specific dates and times 

established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

Issued in College Park, Georgia, on March 

29, 2016. 

Ryan W. Almasy, 

Manager, Operations Support Group Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2016–07783 Filed 4–5–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 93 

[Docket No.: FAA–2008–0221] 

Change of Newark Liberty International 

Airport (EWR) Designation 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Change of Newark Liberty 

International Airport (EWR) 

Designation. 

SUMMARY: This document announces 

that the FAA will designate Newark 

Liberty International Airport (EWR) as a 

Level 2, schedule-facilitated airport 

under the International Air Transport 

Association (IATA) Worldwide Slot 

Guidelines (WSG) effective for the 

Winter 2016 scheduling season, which 

begins on October 30, 2016. The FAA 

has determined this designation is 

necessary based on an updated demand 

and capacity analysis of the airport. The 

current FAA Order designating EWR as 

a Level 3, slot-controlled airport will 

expire on October 29, 2016. 

DATES: This designation takes effect on 

October 30, 2016. 

ADDRESSES: Requests may be submitted 

by mail to Slot Administration Office, 

AGC–220 Office of the Chief Counsel, 

800 Independence Ave. SW., 

Washington, DC 20591; facsimile: 202– 

267–7277; or by email to: 7-AWAslotadmin@faa.gov. 

FOR FURTHER INFORMATION CONTACT: For 

questions contact: Susan Pfingstler, 

System Operations Services, Air Traffic 

Organization, Federal Aviation 

Administration, 600 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 267–6462; email 

susan.pfingstler@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

By Order dated May 21, 2008, the 

FAA placed temporary limits on 

scheduled operations at EWR to mitigate 

congestion and delays at the airport.1

The Order addressed the FAA’s concern 

about a spillover effect in the summer 

2008 scheduling season resulting from 

the Agency’s Order limiting operations 

at John F. Kennedy International Airport 

(JFK), which took effect in March 2008.2

Under the EWR Order, the FAA (1) 

established hourly limits of 81 

scheduled operations during the peak 

period; (2) imposed an 80 percent 

minimum usage requirement for 

Operating Authorizations (OAs or slots) 

with defined exceptions; (3) provided a 

mechanism for withdrawal of OAs for 

FAA operational reasons; (4) established 

procedures to allocate withdrawn, 

surrendered, or unallocated OAs; and, 

(5) allowed for trades and leases of OAs 

for consideration for the duration of the 

Order. 

On January 8, 2015, the Department of 

Transportation (DOT) and FAA issued 

the Slot Management and Transparency 

for LaGuardia Airport, John F. Kennedy 

International Airport, and Newark 

Liberty International Airport Notice of 

Proposed Rulemaking (NPRM).3 The 

DOT and FAA are currently reviewing 

the comments received on the NPRM 

and considering the impacts of the EWR 

Level 2 designation on the rulemaking. 

Based on the FAA’s review of 

operational performance, demand, and 

capacity discussed in this document, 

Level 3 slot controls are no longer 

warranted for EWR. Rather, the FAA 

will transition EWR to a Level 2, 

schedule-facilitated airport, starting 

with the Winter 2016 scheduling 

season. In addition, the FAA also has 

updated the performance, demand, and 

capacity analyses for JFK and LGA and 

has determined that Level 3 slotcontrolled restrictions remain necessary 

for these airports. Therefore, through 

separate notices published in the 

Federal Register, the FAA will be 

extending the JFK and LGA Orders until 

October 27, 2018. 

This document confirms the EWR 

Order will expire on October 29, 2016. 

A copy of this document will be placed 

in Docket FAA–2008–0221. As 

explained herein, the FAA is 

designating EWR as a Level 2 airport 

effective October 30, 2016. As further 

explained in this document, the FAA 

has conducted a screening for potential 

impacts to noise and air emissions as a 

result of this change in designation at 

EWR and has determined that the 

proposed action does not have the 

potential to cause a significant impact. 

Capacity and Operational Performance 

Review 

The FAA regularly reviews 

operational performance and demand at 

the New York City area airports as part 

of ongoing efforts to improve the 

efficiency of the air traffic control 

system. Section 413 of the FAA 

Modernization and Reform Act, Pub. L. 

112–95, 126 Stat. 11 (Feb. 14, 2012), 

requires the FAA to take actions to 

ensure that aircraft operations of air 

carriers do not exceed the hourly 


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