[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 4910-13-M