[Federal Register Volume 62, Number 233 (Thursday, December 4, 1997)]
[Rules and Regulations]
[Pages 64151-64152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31702]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Airspace Docket No. 97-ACE-26]
Amendment to Class E Airspace; Atchison, KS
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule; request for comments.
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SUMMARY: This action amends the Class E airspace area at Amelia Earhart
Airport, Atchison, KS. A review of the airspace for Amelia Earhart
Airport indicates it does not meet the criteria for 700 feet Above
Ground Level (AGL) Class E airspace as required in FAA Order 7400.2D.
The FAA has developed a VHF Omnidirectional Range/Distance Measuring
Equipment (VOR/DME) Runway (RWY) 16 Standard Instrument Approach
Procedure (SIAP) to serve the Amelia Earhart Airport. Additional
controlled airspace 700 feet AGL is needed to accommodate this SIAP and
comply with the criteria of FAA Order 7400.2D. The enlarged area will
contain the new VOR/DME RWY 16 SIAP in controlled airspace and comply
with the requirements of FAA Order 7400.2D. The intended effect of this
rule is to provide Class E airspace for instrument operations and
comply with the criteria of FAA Order 7400.2D.
DATES: Effective date: 0901 UTC, April 23, 1998.
Comment date: Comments must be received on or before January 26,
1998.
ADDRESSES: Send comments regarding the rule in triplicate to: Manager,
Airspace Branch, Air Traffic Division, ACE-520, Federal Aviation
Administration, Airspace Docket Number 97-ACE-26, 601 East 12th Street,
Kansas City, MO 64106.
The official docket may be examined in the Office of the Regional
Counsel for the Central Region at the same address between 9:00 a.m.
and 3:00 p.m., Monday through Friday, except Federal holidays.
An informal docket may also be examined during normal business
hours in the Air Traffic Division at the same address listed above.
FOR FURTHER INFORMATION CONTACT: Kathy Randolph, Air Traffic Division,
Airspace Branch, ACE-520C, Federal Aviation Administration, 601 East
12th Street, Kansas City, MO 64106, telephone (816) 426-3408.
SUPPLEMENTARY INFORMATION: The FAA has developed a VOR/DME RWY 16 SIAP
to serve the Amelia Earhart Airport, Atchison, KS. The amendment to
Class E airspace at Atchison, KS, will provide additional controlled
airspace at and above 700 feet AGL in order to contain the new SIAP
within controlled airspace, and thereby facilitate separation of
aircraft operating under Instrument Flight Rules. The amendment will
comply with the criteria of FAA Order 7400.2D. The area will be
depicted on appropriate aeronautical charts. Class E airspace areas
extending from 700 feet or more above the surface of the earth are
published in paragraph 6005 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 E airspace designation listed in
this document will be published subsequently in the Order.
The Direct Final Rule Procedure
The FAA anticipates that this regulation will not result in adverse
or negative comment and, therefore, is issuing it as a direct final
rule. Previous actions of this nature have not been controversial and
have not resulted in adverse comments or objections. The amendment will
enhance safety for all flight operations by designating an area where
VFR pilots may anticipate the presence of IFR aircraft at lower
altitudes, especially during inclement weather conditions. A greater
degree of safety is achieved by depicting the area on aeronautical
charts. Unless a written adverse or negative comment, or a written
notice of intent to submit an
[[Page 64152]]
adverse or negative comment is received within the comment period, the
regulation will become effective on the date specified above. After the
close of the comment period, the FAA will publish a document in the
Federal Register indicating that no adverse or negative comments were
received and confirming the date on which the final rule will become
effective. If the FAA does receive, within the comment period, an
adverse or negative comment, or written notice of intent to submit such
a comment, a document withdrawing the direct final rule will be
published in the Federal Register, and a notice of proposed rulemaking
may be published with a new comment period.
Comments Invited
Although this action is in the form of a final rule and was not
preceded by a notice of proposed rulemaking, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications should identify the Rules Document number and be
submitted in triplicate to the address specified under the caption
ADDRESSES. All communications received on or before the closing date
for comments will be considered, and this rule may be amended or
withdrawn in light of the comments received. Factual information that
supports the commenter's ideas and suggestions is extremely helpful in
evaluating the effectiveness of this action and determining whether
additional rulemaking action would be needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy-related aspects of the rule that
might suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
action will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Airspace Docket No. 97-ACE-26.'' The postcard will be date stamped
and returned to the commenter.
Agency Findings
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
The FAA has determined that this regulation is noncontroversial and
unlikely to result in adverse or negative comments. For the reasons
discussed in the preamble, I certify that this regulation (1) is not a
``significant regulatory action'' under Executive Order 12866; (2) is
not a ``significant rule'' under Department of Transportation (DOT)
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
and (3) will not have a significant economic impact, positive or
negative, 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
Accordingly, the Federal Aviation Administration amends 14 CFR Part
71 as follows:
PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS
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, 1950-1963 Comp., p. 389.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of 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 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth
* * * * *
ACE KS E5 Atchison, KS [Revised]
Amelia Earhart Airport, KS
(Lat. 39 deg.34'14'' N., long. 95 deg.10'49'' W.)
That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of Amelia Earhart Airport.
* * * * *
Issued in Kansas City, MO, on October 7, 1997.
Christopher R. Blum,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 97-31702 Filed 12-3-97; 8:45 am]
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