[Federal Register Volume 62, Number 51 (Monday, March 17, 1997)]
[Rules and Regulations]
[Pages 12534-12535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6612]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71

[Airspace Docket No. 96-AGL-24]


Establishment of Class E Airspace; Ephraim, WI, Ephraim-Fish 
Creek Airport

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace at Ephraim, WI. A 
Global Positioning System (GPS) standard instrument approach procedure 
(SIAP) to Runway 32 has been developed for Ephraim-Fish Creek Airport. 
Controlled airspace extending upward from 700 to 1200 feet above ground 
level (AGL) is needed to contain aircraft executing the approach. The 
intended affect of this action is to provide segregation of aircraft 
using instrument approach procedures in instrument conditions from 
other aircraft operating in visual weather conditions.

EFFECTIVE DATE: 0901 UTC, May 22, 1997.

FOR FURTHER INFORMATION CONTACT:
John A. Clayborn, Air Traffic Division, Operations Branch, AGL-530, 
Federal Aviation Administration, 2300 East Devon Avenue, Des Plaines, 
Illinois 60018, telephone (847) 294-7568.

SUPPLEMENTARY INFORMATION: 

History

    On Monday, December 6, 1996, the FAA proposed to amend part 71 of 
the Federal Aviation Regulations (14 CFR part 71) to establish Class E 
airspace at Ephraim, WI (61 FR 65992). The proposal was to add 
controlled airspace extending upward from 700 to 1200 feet AGL to 
contain Instrument Flight Rules (IFR) operations in controlled airspace 
during portions of the terminal operation and while transiting between 
the enroute and terminal environments.
    Interested parties were invited to participate in this rulemaking 
proceeding by submitting written comments on the proposal to the FAA. 
Two (2) letters of objection were received in response to this airspace 
action. The objections were based on concerns for cost, safety, and 
noise. The following concerns were raised:
    1. Establishing Class E controlled airspace, and possible future 
expansion of the airport, will increase the cost to the local taxpayers 
for airport operations.
    2. Establishing Class E controlled airspace will allow larger 
aircraft and/or jet aircraft to operate into and out of the existing 
airport, thereby decreasing safety at the airport.
    3. Establishing Class E controlled airspace will increase the noise 
levels associated with the airport and consequently lower the property 
values for the homes immediately adjacent to the airport.
    All of these comments were considered and evaluated. They are 
responded to as follows:
    1. There is no increase in direct cost to the local taxpayer 
associated with establishing Class E controlled airspace for this 
airport. The Class E airspace action is based on the GPS SIAP to Runway 
32, which is supported by the Department of Defense system of Global 
Positioning System satellites now in orbit around the earth. Pilots 
desiring to use this GPS SIAP must carry the appropriate receiving 
equipment on board their aircraft. Neither of these costs are related 
to the local tax base for the airport. Further, concern for any 
possible future expansion of this airport is not appropriate to this 
airspace action, which is based on the existing airport; therefore, 
this comment is considered beyond the scope of this airspace action. 
Comments concerning any possible future expansion of the airport should 
be directed to the local airport authority.
    2. Establishing Class E controlled airspace does not by itself 
increase the capability of the airport to accept larger aircraft and/or 
jet aircraft. Only a physical change to the existing runway (i.e., 
longer runway stressed for heavier aircraft) and other such related 
actions (i.e., associated parking ramp

[[Page 12535]]

expansion) would allow for larger types of aircraft to operate into and 
out of the airport. Establishing Class E controlled airspace actually 
enhances safety of flight operations, for those aircraft presently 
permitted to use the airport, during periods of marginal and 
deteriorating weather conditions. Therefore, any perceived risk 
associated with this concern is beyond the scope of this airspace 
action, because, as stated above, comments concerning any possible 
future expansion of the airport should be directed to the local airport 
authority.
    3. Establishing Class E controlled airspace does not automatically 
lead to increased aircraft operations for that airport. The 
demographics of this airport indicate only a small insignificant 
increase in aircraft operations may occur as a result of this GPS SIAP 
and associated airspace action. There is presently no expected 
significant increase in the total annual air traffic operations due to 
the establishment of Class E controlled airspace at this airport. 
Therefore, there is not reasonable expectation of a significant 
increase in the noise levels, nor is there a reasonable expectation of 
a significant change in property values for homes immediately adjacent 
to the airport.
    Class E airspace designations for areas extending upward 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 Rule

    This amendment to part 71 of the Federal Aviation Regulations (14 
CFR part 71) establishes Class E airspace at Ephraim, WI to accommodate 
aircraft executing the GPS Runway 32 SIAP at Ephraim-Fish Creek 
Airport. Controlled airspace extending upward from 700 to 1200 feet AGL 
is needed to contain aircraft executing the approach. The area will be 
depicted on appropriate aeronautical charts thereby enabling
pilots to circumnavigate the area or otherwise comply with IFR 
procedures.
    The FAA has determined that this regulation only involves an 
establishes body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
Therefore, this regulation--(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 14 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 the 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.

* * * * *

AGL WI E5  Ephriam, WI [New]

Ephraim-Fish Creek Airport, WI
    (Lat. 45 deg.08'07'' N, long. 87 deg.11'09'' W)

    That airspace extending upward from 700 feet above the surface 
within a 6.3-mile radius of the Ephraim-Fish Creek Airport.
* * * * *
    Issued in Des Plaines, Illinois on February 14, 1997.
Maureen Woods,
Manager, Air Traffic Division.
[FR Doc. 97-6612 Filed 3-14-97; 8:45 am]
BILLING CODE 4910-13-M