[Federal Register Volume 63, Number 12 (Tuesday, January 20, 1998)]
[Rules and Regulations]
[Pages 2885-2887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1231]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97-ACE-20]


Amendment of Class E Airspace; Marshall Army Airfield, Fort 
Riley, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: The control tower at Marshall Army Airfield, Ft. Riley, KS, 
has been closed and will not be operational in the foreseeable future. 
With the closure of the control tower, the Class D surface area has 
been removed. This action removes the Class E surface area extension 
and establishes a new Class E surface area at Marshall Army Airfield, 
Ft. Riley, KS. The new Class E surface area provides controlled 
airspace to accommodate Instrument Flight Rules (IFR) operations. The 
intended effect of this action is to contain IFR operations within 
controlled airspace and to facilitate separation of aircraft operating 
under instrument flight rules.


[[Page 2886]]


DATES: Effective date: 0901 UTC, April 23, 1998.
    Comments for inclusion in the Rules Docket must be received on or 
before February 19, 1998.

ADDRESSES: Send comments regarding the rule in triplicate to: Manager, 
Airspace Branch, Air Traffic Division, ACE-520, Federal Aviation 
Administration, Docket Number 97-ACE-20, 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 control tower at Marshall Army Airfield, 
Ft. Riley, KS, has been closed and will not be operational in the 
foreseeable future. With the closure of the control tower, the Class D 
surface area airspace has been removed. This action removes the Class E 
surface area extension and establishes a new Class E surface area at 
Marshall Army Airfield. The new Class E surface area provides 
controlled airspace to accommodate IFR operations. The intended effect 
of this action is to contain IFR operations within controlled airspace 
and thereby facilitate separation of aircraft operating under 
instrument flight rules. The area will be depicted on appropriate 
aeronautical charts. Class E surface areas designated as an extension 
to a Class D or Class E surface area are published in paragraph 6004, 
and Class E airspace areas designated as a surface area for an airport 
are published in paragraph 6002 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 designations 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 fight 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 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 Docket 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, aeronautical, environmental, and energy-regulated 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 Docket No. 97-ACE-20.'' 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 a 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 Transportation (DOT) 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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--DESIGNATIONS 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 1959-1963 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 6002--Class E airspace areas designated as a surface area 
for an airport

* * * * *

[[Page 2887]]

ACE KS E2 Fort Riley, KS [New]

Fort Riley, Marshall Army Airfield, KS
    (lat. 39 deg.03'19''N., long. 96 deg.45'52''W.)
Junction City, Freeman Field, KS
    (lat. 39 deg.02'36''N., long. 96 deg.50'36''W.)
Fort Riley VOR
    (lat. 38 deg.58'13''N., long. 96 deg.51'40''W.)
Cavalry NDB
    (lat. 39 deg.01'34''N., long. 96 deg.47'40''W.)

    Within a 3.7-mile radius of Marshall Army Airfield and within 
1.8 miles each side of the Fort Riley VOR 042 deg. radial extending 
from the 3.7-mile radius of Marshall Army Airfield to the VOR and 
within 1.8 miles each side of the 216 deg. bearing from Cavalry NDB 
extending from the 3.7-mile radius of Marshall Army Airfield to 7 
miles southwest of the NDB; excluding that airspace within R-3602B 
and excluding that airspace within a 1-mile radius of the Junction 
City, Freeman Field, KS. This Class E airspace area is effective 
during the specific dates and times established in advance by a 
Notice to Airmen. The effective date and time will thereafter be 
continuously published in the Airport/Facility Directory.
* * * * *
    Paragraph 6004--Class E airspace areas designated as an 
extension to a Class D or Class E surface area
* * * * *

ACE KS E4 Fort Riley, KS [Removed]

* * * * *
    Issued in Kansas City, MO, on November 13, 1997.
Christopher R. Blum,
Acting Manager, Air Traffic Division Central Region.
[FR Doc. 98-1231 Filed 1-16-98; 8:45 am]
BILLING CODE 4910-13-M