[Federal Register Volume 62, Number 141 (Wednesday, July 23, 1997)]
[Rules and Regulations]
[Page 39433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19253]


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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; Bismarck, ND, Bismarck 
Municipal Airport

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace at Bismarck, ND. This 
airport is served by Federal Aviation Regulations Part 121 (14 CFR Part 
121) and Part 135 (14 CFR Part 135) air carrier operations during 
periods when the air traffic control tower is closed. 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 effect of this action is to 
provide segregation of aircraft using instrument approach procedures in 
instrument conditions from other aircraft operating in visual weather 
conditions.

DATES: Effective 0901 UTC, September 11, 1997.

FOR FURTHER INFORMATION CONTACT:
Manuel A. Torres, 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 Thursday, April 24, 1997, the FAA proposed to amend part 71 of 
the Federal Aviation Regulations (14 CFR part 71) to establish Class E 
airspace at Bismarck, ND (62 FR 19954). The proposal was to add 
controlled airspace extending upward from the surface 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. 
No comments objecting to the proposal were received. Class E airspace 
designations for areas extending upward from the surface of the earth 
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 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 Bismarck, ND, to 
accommodate aircraft operators during periods when the air traffic 
control tower is closed. Controlled airspace extending upward from the 
surface is needed to contain aircraft executing instrument approaches. 
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 
established 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 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 Bismarck, ND [New]

Bismarck Municipal Airport, ND
    (Lat. 46 deg.46'26'' N, long. 100 deg.44'52'' W)

    Within a 4.8-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 June 26, 1997.
Maureen Woods,
Manager, Air Traffic Division.
[FR Doc. 97-19253 Filed 7-22-97; 8:45 am]
BILLING CODE 4910-13-M