[Federal Register Volume 62, Number 164 (Monday, August 25, 1997)]
[Rules and Regulations]
[Pages 44889-44890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22497]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97-AGL-19]


Establishment of Class E Airspace; SD

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace within the State of 
South Dakota, west of Winner, SD. This airspace action allows more 
flexibility for Part 135 and air ambulance operators and provides a 
safer environment for all aircraft flying in the described controlled 
airspace. Controlled airspace extending upward from 1200 feet above 
ground level (AGL) is needed to contain aircraft executing instrument 
flight rules (IFR) operations. The intended effect of this action is to 
provide segregation of aircraft using instrument procedures in 
instrument conditions from other aircraft operating in visual weather 
conditions.

EFFECTIVE DATE: 0901 UTC, November 6, 1997.

FOR FURTHER INFORMATION CONTACT: Michelle M. Behm, Air Traffic 
Division, Airspace Branch, AGL-520, Federal Aviation Administration, 
2300 East Devon Avenue, Des Plaines, Illinois 60018, telephone (847) 
294-7568.

SUPLEMENTARY INFORMATION:

History

    On Wednesday, May 21, 1997, the FAA proposed to amend part 71 of 
the Federal Aviation Regulations (14 CFR part 71) to establish Class E 
airspace within the State of South Dakota, west of Winner, SD (62 FR 
27706). The proposal was to add controlled airspace extending upward 
from 1200 feet AGL to contain IFR operations in controlled airspace 
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 airspace 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 within the State of South 
Dakota, west of Winner, SD. This airspace action provides adequate 
Class E airspace for operators executing IFR operations within the 
described controlled airspace. Controlled airspace extending upward 
from 1200 feet AGL is needed to contain aircraft executing IFR 
operations. The area will be depicted on appropriate aeronautical 
charts.
    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:

[[Page 44890]]

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.


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 SD E5 South Dakota, SD [New]

    That airspace extending upward from 1,200 feet above the surface 
within an area bounded on the north by latitude 43 deg.40'00''N, on 
the east by longitude 100 deg.05'00''W, on the south by the South 
Dakota, Nebraska border, and on the west by longitude 
102 deg.00'02''W.
* * * * *
    Issued in Des Plaines, Illinois on July 29, 1997.
Maureen Woods,
Manager, Air Traffic Division.
[FR Doc. 97-22497 Filed 8-22-97; 8:45 am]
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