[Federal Register Volume 60, Number 28 (Friday, February 10, 1995)]
[Rules and Regulations]
[Page 8164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3479]




[[Page 8163]]

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Part XII





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



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14 CFR Parts 71 and 91



Class B, C, and E Airspace Areas and Special Visual Flight Rules, 
Colorado; VOR Federal Airways and Jet Routes; Final Rules

  Federal Register / Vol. 60, No. 28 / Friday, February 10, 1995 / 
Rules and Regulations   
[[Page 8164]] 

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 94-ANM-37]


Establishment of Class D Airspace; Denver, CO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, request for comments.

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SUMMARY: This action establishes Class D airspace at Denver 
International Airport, Colorado, so cargo aircraft can operate safely 
within controlled airspace until the new Denver International Airport 
is commissioned. Accordingly, action is taken herein to establish Class 
D airspace preceding the effective date of Class B airspace, which is 
scheduled to be effective February 28, 1995.

DATES: Effective 0701 UTC, February 26, 1995.
    Comment Date: Comments must be received prior to February 21, 1995.

ADDRESSES: Send comments on the rule in triplicate to: Manager, System 
Management Branch, Air Traffic Division, ANM-530, Federal Aviation 
Administration, Docket No. 94-ANM-37, 1601 Lind Avenue SW., Renton, 
Washington 98055-4056.
    The official docket may be examined in the Office of the Assistant 
Chief Counsel for the Northwest Mountain Region, Suite 570, 1601 Lind 
Avenue SW., Renton, Washington 98055-4056; telephone: (206) 227-2007.

FOR FURTHER INFORMATION CONTACT:
Ted Melland, System Management Branch, ANM-530, Federal Aviation 
Administration, Docket No. 94-ANM-37, 1601 Lind Avenue SW., Renton, 
Washington 98055-4056; telephone number: (206) 227-2536.

SUPPLEMENTARY INFORMATION:

History

    On January 17, 1995, the City and County of Denver proposed to 
allow cargo airport operations at the new Denver International Airport 
prior to official commissioning. Denver anticipates commissioning the 
airport on February 28, 1995, but wishes to allow cargo aircraft to 
operate at the new airport before the new airport is officially 
commissioned. This action is necessary to provide controlled airspace 
until the Class B airspace becomes effective at the new airport. Class 
B airspace is scheduled to become effective at the new airport on 
February 28, 1995, when operations at Stapleton Airport are 
discontinued.

The Rule

    This amendment to part 71 of the Federal Aviation Regulations (14 
CFR part 71) establishes Class D airspace at the new Denver 
International Airport, Colorado to provide controlled airspace for 
operations.
    Accordingly, action is taken herein to establish Class D airspace 
in order to provide for safe operations on February 26, 1995, until the 
new airport opens. The establishment of Class D airspace is required in 
the interest of flight safety. Under the circumstances presented, the 
FAA concludes that there is an immediate need to establish this Class D 
airspace area in order to promote the safe and efficient handling of 
air traffic in this area. Therefore, I find that notice and public 
procedures under 5 U.S.C. 553(b) are impracticable and contrary to the 
public interest.
    The coordinates for this airspace docket are based on North 
American Datum 83. Class D airspace designations are published in 
Paragraph 5000 of FAA Order 7400.9B dated July 18, 1994, and effective 
September 16, 1994, which is incorporated by reference in 14 CFR 71.1. 
The Class D airspace designation listed in this document will be 
published subsequently in the Order.
    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 
will only affect air traffic procedures and air navigation, it is 
certified that this rule will not have a significant economic impact on 
a substantial number of small entities under the criteria of the 
Regulatory Flexibility Act.

List 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--[AMENDED]

    1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. app. 1348(a), 1354(a), 1510: E.O. 10854, 24 
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR 
11.69.


Sec. 71.1  [AMENDED]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9B, Airspace Designations and 
Reporting Points, dated July 18, 1994, and effective September 16, 
1994, is amended as follows:

Paragraph 5000--General
* * * * *

ANM CO D Denver, CO [New]

Denver International Airport CO
    (Lat. 39 deg.51'30'' N, long. 104 deg.40'01'' W)
Denver Stapleton International Airport, CO
    (Lat. 39 deg.46'28'' N, long. 104 deg.52'47'' W)
Heckendorf Airport, CO
    (Lat. 39 deg.57'48'' N, long. 104 deg.52'47'' W)

    That airspace extending upward from the surface to and including 
8,000 feet MSL within a 6.3-mile radius of the Denver International 
Airport excluding that airspace within the Denver Stapleton 
International Airport, CO, Class B airspace; and excluding that 
airspace south of lat. 39 deg.48'44'' N and east of long. 
104 deg.35'00'' W; and excluding that airspace within a 1-mile 
radius of Heckendorf Airport, CO. This Class D airspace shall be 
effective until superseded by the new Denver International Airport 
Class B airspace.
* * * * *
    Issued in Seattle, Washington, on January 23, 1995.
Bill H. Ellis,
Acting Assistant Manager, Air Traffic Division, Northwest Mountain 
Region.
[FR Doc. 95-3479 Filed 2-8-95; 8:45 am]
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