46426 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Proposed Rules 

entry of information in AES, such as 

whether shipments bound for Canada 

require such entry and that it is a 

shipper’s agent or freight forwarder— 

not a shipper—who enters data into 

AES. One commenter also 

recommended that the proposed 

‘‘shipper’’ definition be more 

descriptive to provide further clarity in 

the regulations. 

Given the opposing comments 

received, AMS has determined that the 

proposed rule changing the reporting 

requirements under the Export Fruit 

Acts should not be finalized. AMS 

intends to conduct outreach with export 

industry stakeholders and consider 

other compliance monitoring activities 

as it reconsiders whether changes will 

be proposed in the future. Accordingly, 

the proposed rule to change the 

reporting of export certificate 

information under regulations issued 

pursuant to the Export Fruit Acts 

published in the Federal Register on 

December 5, 2016, (81 FR 87486) is 

hereby withdrawn. 

List of Subjects in 7 CFR Part 33 

Apples, Exports, Pears, Reporting and 

recordkeeping requirements. 

Authority: 48 Stat. 124; 7 U.S.C. 581–590. 

List of Subjects in 7 CFR Part 35 

Administrative practice and 

procedure, Exports, Grapes, Plums, 

Reporting and recordkeeping 

requirements. 

Authority: 74 Stat. 734; 75 Stat. 220; 7 

U.S.C. 591–599. 

Dated: September 28, 2017. 

Bruce Summers, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2017–21183 Filed 10–4–17; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2017–0523; Airspace 

Docket No. 17–ACE–9] 

Proposed Amendment of Class E 

Airspace; Fort Scott, KS; and 

Phillipsburg, KS 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

modify Class E airspace extending 

upward from 700 feet above the surface 

at Fort Scott Municipal Airport, Fort 

Scott, KS, and Phillipsburg Municipal 

Airport, Phillipsburg, KS. The FAA is 

proposing this action due to the 

decommissioning of the Fort Scott nondirectional beacon (NDB) and the 

Phillipsburg NDB and the cancellation 

of the associated instrument approach 

procedures. This action would enhance 

the safety and management of 

instrument flight rules (IFR) operations 

at these airports. 

DATES: Comments must be received on 

or before November 20, 2017. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590; telephone (202) 

366–9826, or (800) 647–5527. You must 

identify FAA Docket No. FAA–2017– 

0523; Airspace Docket No. 17–ACE–9 at 

the beginning of your comments. You 

may also submit comments through the 

Internet at http://www.regulations.gov. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office between 

9:00 a.m. and 5:00 p.m., Monday 

through Friday, except federal holidays. 

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 

amend Class E airspace extending 

upward from 700 feet above the surface 

at Fort Scott Municipal Airport, Fort 

Scott, KS, and Phillipsburg Municipal 

Airport, Phillipsburg, KS, to support IFR 

operations at these airports. 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2017–0523/Airspace 

Docket No. 17–ACE–9.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

All communications received before 

the specified closing date for comments 

will be considered before taking action 

on the proposed rule. The proposal 

contained in this notice may be changed 

in light of the comments received. A 

report summarizing each substantive 

public contact with FAA personnel 

concerned with this rulemaking will be 

filed in the docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http://

www.faa.gov/air_traffic/publications/ 

airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 


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Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Proposed Rules 46427 

person in the Dockets Office (see the 

ADDRESSES section for the address and 

phone number) between 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except federal holidays. An informal 

docket may also be examined during 

normal business hours at the Federal 

Aviation Administration, Air Traffic 

Organization, Central Service Center, 

Operations Support Group, 10101 

Hillwood Parkway, Fort Worth, TX 

76177. 

Availability and Summary of 

Documents Proposed for Incorporation 

by Reference 

This document proposes to amend 

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 Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) part 71 by: 

Modifying Class E airspace extending 

upward from 700 feet above the surface 

to within a 6.4-mile radius (reduced 

from a 7-mile radius) of Fort Scott 

Municipal Airport, Fort Scott, KS; 

removing the Fort Scott NDB from the 

legal description; and removing the 

extension north of the NDB; and 

Modifying Class E airspace extending 

upward from 700 feet above the surface 

to within a 6.5-mile radius (reduced 

from a 7.6-mile radius) of Phillipsburg 

Municipal Airport, Phillipsburg, KS; 

removing the Phillipsburg NDB from the 

legal description; and removing the 

extension southeast of the NDB. 

Airspace reconfiguration is necessary 

due to the decommissioning of the Fort 

Scott NDB and the Phillipsburg NDB, 

the cancellation of the associated 

instrument approach procedures, and to 

bring the airspace in compliance with 

FAA Order 7400.2L, Procedures for 

Handling Airspace Matters. Controlled 

airspace is necessary for the safety and 

management of standard instrument 

approach procedures for IFR operations 

at these airports. 

Class E airspace designations are 

published in paragraph 6005 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 E airspace designations 

listed in this document will be 

published subsequently in the Order. 

Regulatory Notices and Analyses 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current, is noncontroversial 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 

proposed rule, when promulgated, 

would not have a significant economic 

impact on a substantial number of small 

entities under the criteria of the 

Regulatory Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, the Federal 

Aviation Administration proposes to 

amend 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 14 CFR 

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. 

* * * * * 

ACE KS E5 Fort Scott, KS [Amended] 

Fort Scott Municipal Airport, KS 

(Lat. 37°47′54′′ N., long. 94°46′10′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.4-mile 

radius of Fort Scott Municipal Airport. 

* * * * * 

ACE KS E5 Phillipsburg, KS [Amended] 

Phillipsburg Municipal Airport, KS 

(Lat. 39°44′09′′ N., long. 99°19′02′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of Phillipsburg Municipal Airport. 

Issued in Fort Worth, Texas, on September 

27, 2017. 

Wayne Eckenrode, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2017–21362 Filed 10–4–17; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

23 CFR Part 490 

[Docket No. FHWA–2017–0025] 

RIN 2125–AF76 

National Performance Management 

Measures; Assessing Performance of 

the National Highway System, Freight 

Movement on the Interstate System, 

and Congestion Mitigation and Air 

Quality Improvement Program 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This NPRM follows a series of 

related rules that established a set of 

performance measures for State 

departments of transportation (State 

DOT) and Metropolitan Planning 

Organizations (MPO) to use as required 

by Moving Ahead for Progress in the 

21st Century Act (MAP–21) and the 

Fixing America’s Surface Transportation 

(FAST) Act. In the last of that series of 

rules, published on January 18, 2017, 

FHWA established a measure on the 

percent change in carbon dioxide (CO2) 

emissions from the reference year 2017, 

generated by on-road mobile sources on 

the National Highway System (NHS) 

(also referred to as the Greenhouse Gas 

(GHG) measure). Through this NPRM, 

FHWA proposes to repeal the GHG 

measure. 

DATES: Comments must be received on 

or before November 6, 2017. Late 

comments will be considered to the 

extent practicable. 

ADDRESSES: You may submit comments 

identified by the docket number 


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