[Federal Register Volume 62, Number 214 (Wednesday, November 5, 1997)]
[Rules and Regulations]
[Pages 59783-59784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29195]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 97-AGL-59]
Modification of Class D Airspace; Minot, ND
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action reinstates controlled airspace extending upward
from the surface at Minot Air Force Base (AFB), ND. The airspace areas
are necessary to accommodate precision standard instrument approach
procedures (SIAP) serving Minot AFB. The affected airspace, formerly
surface area extensions to the Minot AFB Control Zone, was
inadvertently omitted from United States controlled airspace during
Airspace Reclassification in 1993. This action corrects that omission.
DATES: Effective date: November 5, 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) 294-7573.
SUPPLEMENTARY INFORMATION:
The Rule
This action amends 14 CFR part 71 by reinstating controlled
airspace extending upward from the surface at Minot AFB, ND. The
affected airspace, formerly surface area extensions to the Minot AFB
Control Zone, was inadvertently omitted from United States controlled
airspace during Airspace Reclassification in 1993. This action corrects
that error.
Federal Aviation Administration (FAA) Order 7400.6G, dated
September 4, 1990, and now obsolete, described a Control Zone serving
Minot AFB which consisted of a circle with a 5 Statute Mile (SM) radius
and two extensions, one to the southeast and one to the northwest, each
of which was 5 SM wide and extended from the radius to 7 SM southeast
and northwest respectively of the Deering Tactical Air Navigation
(TACAN) facility. The Deering TACAN is located near the center of the 5
SM radius circle. The Minot AFB Control Zone, as described in FAA Order
7400.6G, was established by a final rule published in the Federal
Register on August 12, 1970 (35 FR 12751).
In accordance with the Airspace Reclassification final rule
published December 17, 1991, and effective September 16, 1993 (56 FR
65638), distances were converted from SM to Nautical Miles (NM), and
Control Zones were generally redesignated as Class D airspace areas,
and most Control Zone extensions were redesignated as Class E airspace
areas.
In preparation for Airspace Reclassification, the FAA redrafted the
legal descriptions of all airspace areas under United States
jurisdiction. Part of this process involved dividing Control Zones into
Class D and E airspace areas where necessary. In redrafting the legal
description for the Minot AFB Control Zone, the FAA redesignated the 5
SM-radius circle as a 4.5 NM-radius Class D airspace area. The FAA did
not, however, redesignate the Control Zone extensions as Class E
airspace areas. This omission was unintentional as the surface area
extensions remained, and continue to be, necessary to accommodate
SIAP's serving Minot AFB. The FAA has never purposely and affirmatively
acted to revoke the controlled airspace.
The fact that the Control Zone extensions were not redesignated as
Class E airspace, and that consequently the affected areas are
currently Class G airspace, was discovered in a recent joint FAA/Air
Force review of the airspace requirements for Minot AFB. As a result of
the discovery, the FAA and the Air Force have been forced to
discontinue use of all precision SIAP's serving Minot AFB pending
reinstatement of the controlled airspace areas.
The precision SIAP's at Minot AFB serve important flight safety and
national security interests. Airspace standards, however, require that
the SIAP's be contained entirely within controlled airspace. The FAA
finds that the safety and national security concerns created by the
lack of a precision SIAP at Minot AFB, combined with the fact that the
agency did not intend to permit the affected airspace to revert to
uncontrolled status, makes notice and public procedure under 5 U.S.C
553(b) impractical and contrary to the public interest. Furthermore,
for the reasons listed above, the FAA finds that good cause exists,
pursuant to 5 U.S.C. 553(d), to make this amendment effective in less
than 30 days.
The coordinates for this airspace docket are based on North
American Datum 83. Class D airspace designations are published in
Paragraph 5000 of FAA Order 7400.9E dated September 10, 1997, and
effective September 16, 1997, which is incorporated by reference in 14
CFR 71.1 The Class D airspace designations listed in this document will
be published subsequently in the Order. Under the circumstances
presented, the FAA concludes that there is an immediate need to modify
these Class D airspace areas in order to promote the safe and efficient
handling of air traffic in these areas.
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.
It, therefore--(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.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9E, Airspace Designations and
Reporting Points, dated September 10, 1997, and effective September 16,
1997, is amended as follows:
Paragraph 5000 Class D Airspace
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[[Page 59784]]
AGL ND D Minot AFB, ND [Revised]
Minot AFB, ND
(lat. 48 deg.24'56''N, long. 101 deg.21'28''W)
Deering TACAN
(lat. 48 deg.24'54''N, long. 101 deg.21'54''W)
That airspace extending upward from the surface to and including
4,200 feet MSL within a 4.5-mile radius of Minot AFB, and within 2.2
miles each side of the Deering TACAN 113 deg. radial extending from
the 4.5-mile radius to 6.1 miles southeast of the TACAN, and within
2.2 miles each side of the Deering TACAN 303 deg. radial, extending
from the 4.5-mile radius to 6.1 miles northwest of the TACAN. This
Class D airspace area is effective during the specific dates and
times established in advance by a Notice to Airmen. The effective
dates and times will thereafter be continuously published in the
Airport/Facility Directory.
* * * * *
Issued in Des Plaines Illinois on October 14, 1997.
Maureen Woods,
Manager, Air Traffic Division.
[FR Doc. 97-29195 Filed 11-4-97; 8:45 am]
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