[Federal Register Volume 61, Number 224 (Tuesday, November 19, 1996)] [Rules and Regulations] [Pages 58783-58784] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-29595] [[Page 58783]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION 14 CFR Part 71 [Docket No. 96-ACE-19] Amendment to Class E Airspace, Olathe, KS AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule; request for comments. ----------------------------------------------------------------------- SUMMARY: This action amends the Class E airspace area at Johnson County Executive Airport, Olathe, KS. The Federal Aviation Administration has developed a Standard Instrument Approach Procedure (SIAP) based on the Non-Directional Radio Beacon (NDB) which has made this change necessary. The effect of this rule is to provide additional controlled airspace for aircraft executing the new SIAP at Johnson County Executive Airport, Olathe, KS. DATES: Effective date: March 27, 1997. Comment date: Comments must be received on or before January 13, 1997. ADDRESSES: Send comments regarding the rule in triplicate to: Manager, Operations Branch, Air Traffic Division, ACE-530, Federal Aviation Administration, Docket Number 96-ACE-19, 601 East 12th St., Kansas City, MO 64106. The official docket may be examined in the Office of the Assistant Chief Counsel for the Central Region at the same address between 9:00 a.m. and 3:00 p.m., Monday through Friday, except federal holidays. An informal docket may also be examined during normal business hours in the Air Traffic Division at the same address listed above. FOR FURTHER INFORMATION CONTACT: Kathy Randolph, Air Traffic Division, Operations Branch, ACE-530C, Federal Aviation Administration, 601 East 12th Street, Kansas City, MO 64106, telephone: (816) 426-3408. SUPPLEMENTARY INFORMATION: The FAA has developed Standard Instrument Approach Procedures (SIAP) utilizing the Non-Directional Radio Beacon (NDB) at Johnson County Executive Airport, Olathe, KS. The amendment to Class E airspace at Olathe, KS, will provide additional controlled airspace to segregated aircraft operating under Visual Flight Rules (VFR) from aircraft operating under Instrument Flight Rules (IFR) procedures while arriving or departing the airport. The area will be depicted on appropriate aeronautical charts thereby enabling pilots to either circumnavigate the area, continue to operate under VFR to and from the airport, or otherwise comply with IFR procedures. Class E airspace areas extending from 700 feet or more above the surface of the earth are published in paragraph 6005 of FAA Order 7400.9D, dated September 4, 1996, and effective September 16, 1996, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in the order. The Direct Final Rule Procedure The FAA anticipates that this regulation will not result in adverse or negative comment and, therefore, is issuing it as a direct final rule. Previous actions of this nature have not been controversial and have not resulted in adverse comments or objections. The amendment will enhance safety for all flight operations by designating an area where VFR pilots may anticipate the presence of IFR aircraft at lower altitudes, especially during inclement weather conditions. A greater degree of safety is achieved by depicting the area on aeronautical charts. Unless a written adverse or negative comment, or a written notice of intent to submit an adverse or negative comment is received within the comment period, the regulation will become effective on the date specified above. After the close of the comment period, the FAA will publish a document in the Federal Register indicating that no adverse or negative comments were received and confirming the date on which the final rule will become effective. If the FAA does receive, within the comment period, an adverse or negative comment, or written notice of intent to submit such a comment, a document withdrawing the direct final rule will be published in the Federal Register, and a notice of proposed rulemaking may be published with a new comment period. Comments Invited Although this action is in the form of a final rule and was not preceded by a notice of proposed rulemaking, comments are invited on this rule. Interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. Communications should identify the Rules Docket number and be submitted in triplicate to the address specified under the captions ADDRESSES. All communications received on or before the closing date for comments will be considered, and this rule may be amended or withdrawn in light of the comments received. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of this action and determining whether additional rulemaking action would be needed. Coments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. All comments submitted will be available, both before and after the closing date for comments in the Rules Docket for examination by interested persons. A report that summarizes each FAA-public contact concerned with the substance of this action will be filed in the Rules Docket. Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must submit a self-addressed, stamped postcard on which the following statement is made: ``Comments to Docket No. 96-ACE-19.'' The postcard will be date stamped and returned to the commenter. Agency Findings The regulations adopted herein will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 12612, it is determined that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. The FAA has determined that this regulation is noncontroversial and unlikely to result in adverse or negative comments. For the reasons discussed in the preamble, I certify that this regulation (1) is not a ``significant regulatory action'' under Executive Order 12866; (2) is not a ``significant rule'' under Department of Transportation (DOT) Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) if promulgated, will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. A copy of it may be obtained by contacting the Rules Docket at the location provided under the captions ADDRESSES. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment Accordingly, the Federal Aviation Administration amends Part 71 of the Federal Aviation Regulations (14 CFR Part 71) as follows: [[Page 58784]] PART 71--[AMENDED] 1. The authority citation for Part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR 1959-1963 Comp., p. 389; 14 CFR 11.69. Sec. 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9D, Airspace Designations and Reporting Points, dated September 4, 1996, and effective September 16, 1996, is amended as follows: Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth. * * * * * ACE NE E5 Olathe, KS. [Revised] Olathe, Johnson County Executive Airport, KS. (Lat. 38 deg.50'51.37''N., long. 94 deg.44'15.31''W.) Johnson County VOR/NDB (Lat. 38 deg.50'26''N., long. 94 deg.44'12''W.) That airspace extending upward from 700 feet above the surface within a 6.4-mile radius of the Johnson County Executive Airport and within 2.2 miles each side of the Johnson County VOR/DME 184 deg. radial extending from the 6.4-mile radius to 7 miles south of the airport. * * * * * Issued in Kansas City, MO, on October 28, 1996. Herman J. Lyons, Jr., Manager, Air Traffic Division, Central Region. [FR Doc. 96-29595 Filed 11-18-96; 8:45 am] BILLING CODE 4910-13-M