[Federal Register Volume 63, Number 19 (Thursday, January 29, 1998)]
[Rules and Regulations]
[Pages 4376-4378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2216]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97-ACE-35]


Amendment to Class D and Class E Airspace; Salina, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action amends Class D and Class E airspace areas at 
Salina, KS. The current description indicates part-time operation for 
the Class E airspace area at Salina Municipal Airport, Salina, KS. The 
actual hours of operation for the Class E airspace area are continuous. 
The Class E airspace area description at Salina, KS, is revised to 
indicate the area is in effect continuously. A review of the airspace 
for Salina Municipal 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. A revision to the Airport Reference Point (ARP) is 
included in this document. The intended effect of this amendment is to 
indicate the Class E airspace area is in effect continuously, comply 
with the criteria of FAA Order 7400.2D, and amend the ARP for the Class 
D and Class E airspace areas.

DATES: Effective date: 0901 UTC, April 23, 1998.

    Comment date: Comments for inclusion in the Rules Docket must be 
received on or before March 2, 1998.

ADDRESSES: Send comments in triplicate to the Federal Aviation 
Administration (FAA), Manager, Airspace Branch, Air Traffic Division, 
(ACE-520), Attention: Rules Docket Number 97-ACE-35, 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 pm., 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: This amendment to 14 CFR part 71 amends the 
Class D and Class E airspace at Salina Municipal Airport, Salina, KS. 
The Class E airspace is amended by removing the statement which 
indicates part-time status. The Class E airspace area description does 
not reflect the actual hours of operation, which are continuous. This 
action will amend the description for the Class E airspace area at 
Salina Municipal Airport, Salina, KS, to indicate the area is in effect 
continuously. A review of the airspace for Salina Municipal Airport 
indicates it does not meet the criteria for 700 feet AGL Class E 
airspace area as required in FAA Order 7400.2D. The criteria in FAA 
Order 7400.2D for an aircraft to reach 1200 feet AGL is based on a 
standard climb gradient of 200 feet per mile, plus the distance from 
the ARP to the end of the outermost runway.

[[Page 4377]]

    Any fractional part of a mile is converted to the next higher tenth 
of a mile increment. The Class E 700 feet AGL airspace area has been 
enlarged to conform to the criteria of FAA Order 7400.2D. This action 
will also amend the ARP for the Class D and Class E airspace areas, at 
Salina, KS. The areas will be depicted on appropriate aeronautical 
charts. Class D airspace areas are published in paragraph 5000, Class E 
airspace areas designated as a surface area for an airport are 
published in paragraph 6002, Class E airspace areas designated as an 
extension to a Class D or Class E surface area are published in 
paragraph 6004, and Class E airspace areas extending upward 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 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-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 Docket No. 97-ACE-35.'' 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.
    Therefore 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 14 CFR 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 5000  Class D airspace.

* * * * *

ACE KS D Salina, KS [Revised]

Salina Municipal Airport, KS
    (Lat. 38 deg.47'29'' N., long. 97 deg.39'02'' W.)

    That airspace extending upward from the surface to and including 
3,800 feet MSL within a 4.9-mile radius of Salina Municipal Airport. 
The Class D 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 6002  Class E airspace areas designated as a surface area 
for an airport.

* * * * *

ACE KS E2 Salina, KS [Revised]

Salina Municipal Airport, KS
    (Lat. 38 deg.47'29'' N., long. 97 deg.39'02'' W.)

    Within a 4.9-mile radius of Salina Municipal Airport.
* * * * *

Paragraph 6004  Class E airspace areas designated as an extension 
to a Class D or Class E surface area.

* * * * *

ACE KS E4 Salina, KS [Revised]

Salina Municipal Airport, KS
    (Lat. 38 deg.47'29'' N., long. 97 deg.39'02'' W.)
Salina VORTAC
    (Lat. 38 deg.55'35'' N., long. 97 deg.37'16'' W.)

    That airspace extending upward from the surface within 2 miles 
each side of the Salina

[[Page 4378]]

VORTAC 190 deg. radial extending from the 4.9-mile radius of Salina 
Municipal Airport to the VORTAC.
* * * * *

Paragraph 6005  Class E airspace areas extending upward from 700 
feet or more above the surface of the earth.

* * * * *

ACE KS E5 Salina, KS [Revised]

Salina Municipal Airport, KS
    (Lat. 38 deg.47'29'' N., long. 97 deg.39'02'' W.)
Salina VORTAC
    (Lat. 38 deg.55'35'' N., long. 97 deg.37'16'' W.)
FLORY LOM
    (Lat. 38 deg.40'54'' N., long. 97 deg.38'42'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 7.4-mile radius of Salina Municipal Airport and within 4.4 
miles each side of the 010 deg. radial of the Salina VORTAC 
extending from the 7.4-mile radius to 12 miles north of the VORTAC 
and within 4 miles west and 8 miles east of the Salina Municipal ILS 
localizer south course extending from the airport to 16 miles south 
of the FLORY LOM.
* * * * *
    Issued in Kansas City, MO, on December 19, 1997.
Christopher R. Blum,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 98-2216 Filed 1-28-98; 8:45 am]
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