[Federal Register Volume 62, Number 79 (Thursday, April 24, 1997)]
[Proposed Rules]
[Pages 19954-19955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10601]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97-AGL-14]


Establishment of Class E Airspace; Bismark, ND, Bismark Municipal 
Airport

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice proposes to establish Class E airspace at Bismark, 
ND. This is served by Federal Aviation Regulations Part 121 (14 CFR 
Part 121) and Part 135 (14 CFR Part 135) air carrier operations. 
Controlled airspace extending upward from the surface is needed to 
contain aircraft executing instrument approach procedures after the air 
traffic control tower is closed. The intended affect of this proposal 
is to provide segregation of aircraft using instrument approach 
procedures in instrument conditions from other aircraft operating in 
visual weather conditions.

DATES: Comments must be received on or before June 9, 1997.

ADDRESSES: Send comments on the proposal in triplicate to: Federal 
Aviation Administration, Office of the Assistant Chief Counsel, AGL-7, 
Rules Docket No. 97-AGL-14, 2300 East Devon Avenue, Des Plaines, 
Illinois 60018.
    The official docket may be examined in the Office of the Assistant 
Chief Counsel, Federal Aviation Administration, 2300 East Devon Avenue, 
Des Plaines, Illinois. An informal docket may also be examined during 
normal business hours at the Air Traffic Division, Operations Branch, 
Federal Aviation Administration, 2300 East Devon Avenue, Des Plaines, 
Illinois.

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:

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 the airspace docket number 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 Airspace Docket No. 97-
AGL-14.'' The postcard will be date/time stamped and returned to the 
commenter. All communications received on or 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 comments received. All comments submitted will be available 
for examination in the Rules Docket, FAA, Great Lakes Region, Office of 
the Assistant Chief Counsel, 2300 East Devon Avenue, Des Plaines, 
Illinois, both before and after the closing date for comments. A report 
summarizing each substantive public contact with FAA personnel 
concerned with this rulemaking will be filed in the docket.

Availability of NPRM's

    Any person may obtain a copy of the Notice of Proposed Rulemaking 
(NPRM) by submitting a request to the Federal Aviation Administration, 
Office of Public Affairs, Attention: Public Inquiry Center, APA-230, 
800 Independence Avenue S.W., Washington, DC 20591, or by calling (202) 
267-3484.

[[Page 19955]]

Communications must identify the notice number of this NPRM. Persons 
interested in being placed on a mailing list for future NPRM's should 
also request a copy of Advisory Circular No. 11-2A, which describes the 
application procedure.

The Proposal

    The FAA is considering an amendment to part 71 of the Federal 
Aviation Regulations (14 CFR part 71) to establish Class E airspace at 
Bismark, ND; this proposal would provide adequate Class E airspace for 
operators executing instrument flight procedures at Bismark Municipal 
Airport. Controlled airspace extending upward from the surface is 
needed to contain aircraft executing instrument approach procedures. 
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. The area 
would be depicted on appropriate aeronautical charts thereby enabling 
pilots to circumnavigate the area or otherwise comply with IFR 
procedures. Class E airspace designations for airspace areas designated 
as a surface area for an airport are published in paragraph 6002 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 would be published 
subsequently in the Order.
    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. 
Therefore this, proposed 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 proposed 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).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal 
Aviation Administration proposes to amend part 71 of the Federal 
Aviation Regulations (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. 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 6002  The Class E airspace areas designated as a surface 
area for an airport.

* * * * *

AGL ND E2 Bismark, ND [New]

(Lat. 46 deg.46'26''N, long 100 deg.44'52'' W)

    Within a 4.4-mile radius of the Bismark Municipal Airport. This 
Class E airspace is effective during the specific dates and times 
established in advance by a Notice to Airman. The effective date and 
time will thereafter be published in the Airport/Facility Directory.
* * * * *
    Issued in Des Plaines, Illinois on April 8, 1997.
Maureen Woods,
Manager, Air Traffic Division.
[FR Doc. 97-10601 Filed 4-23-97; 8:45 am]
BILLING CODE 4910-13-M