[Federal Register Volume 63, Number 55 (Monday, March 23, 1998)]
[Proposed Rules]
[Pages 13807-13808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7377]



[[Page 13807]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98-AGL-13]


Proposed Modification of Class E Airspace; Rugby, ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice proposes to modify Class E airspace at Rugby, ND. 
A review of the controlled airspace within the State of North Dakota 
has indicated a small portion of Class G uncontrolled airspace in the 
vicinity of Rugby, ND. Controlled airspace extending upward from 1,200 
feet above ground level (AGL) is needed to allow the FAA to provide 
safe and efficient air traffic control services for aircraft executing 
enroute and terminal instrument procedures. This small portion of 
uncontrolled airspace causes confusion for both pilots and controllers 
and does not allow for consistent application of instrument flight 
rules in a critical area near the Rugby Municipal Airport. This action 
would eliminate the small portion of uncontrolled airspace 
approximately 11 nautical miles to the southeast of Rugby, ND.

DATES: Comments must be received on or before May 11, 1998.

ADDRESSES: Send comments on the proposal in triplicate to: Federal 
Aviation Administration, Office of the Assistant Chief Counsel, AGL-7, 
Rules Docket No. 98-AGL-13, 2300 East Devon Avenue, Des Plaines, 
Illinois 60018.
    The official docket may be examined in the Office of the Assistant 
Chief Counsel, Federal Aviation Administration, 2300 East Devon Avenue, 
Des Plaines, Illinois. An informal docket may also be examined during 
normal business hours at the Air Traffic Division, Airspace Branch, 
Federal Aviation Administration, 2300 East Devon Avenue, Des Plaines, 
Illinois

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.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal. 
Communications should identify the airspace docket number and be 
submitted in triplicate to the address listed above. Commenters wishing 
the FAA to acknowledge receipt of their comments on this notice must 
submit with those comments a self-addressed, stamped postcard on which 
the following statement is made: ``Comments to Airspace Docket No. 98-
AGL-13.'' The postcard will be date/time stamped and returned to the 
commenter. All communications received on or before the specified 
closing date for comments will be considered before taking action on 
the proposed rule. The proposal contained in this notice may be changed 
in light of comments received. All comments submitted will be available 
for examination in the Rules Docket, FAA, Great Lakes Region, Office of 
the Assistant Chief Counsel, 2300 East Devon Avenue, Des Plaines, 
Illinois, both before and after the closing date for comments. A report 
summarizing each substantive public contact with FAA personnel 
concerned with this rulemaking will be filed in the docket.

Availability of NPRM's

    Any person may obtain a copy of this Notice of Proposed Rulemaking 
(NPRM) by submitting a request to the Federal Aviation Administration, 
Office of Public Affairs, Attention: Public Inquiry Center, APA-230, 
800 Independence Avenue, S.W., Washington, DC 20591, or by calling 
(202) 267-3484. Communications must identify the notice number of this 
NPRM. Persons interested in being placed on a mailing list for future 
NPRM's should also request a copy of Advisory Circular No. 11-2A, which 
describes the application procedure.

The Proposal

    The FAA is considering an amendment to 14 CFR part 71 to identify 
Class E airspace at Rugby, ND, to accommodate aircraft executing 
instrument procedures at and nearby Rugby Municipal Airport. A small 
portion of uncontrolled airspace to the southeast of the airport would 
be eliminated. The area would be depicted on appropriate aeronautical 
charts. 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 7400.9E 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 would be published subsequently in the Order.
    The FAA has determined that this proposed regulation only involves 
an established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
Therefore this, proposed 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 proposed 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).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal 
Aviation Administration proposes to amend 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, 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 6005  Class E airspace areas extending upward from 700 
feet or more above the surface of the earth.

* * * * *

AGL ND E5  Rugby, ND [Revised]

Rugby Municipal Airport, ND

[[Page 13808]]

     (Lat. 48 deg.23'25'' N., long. 100 deg.01'27'' W.)
Rugby NDB
    (Lat. 48 deg.23'16'' N., long. 100 deg.01'37'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 7.0-mile radius of the Rugby Municipal Airport and that 
airspace extending upward from 1,200 feet above the surface within a 
13.0-mile radius of the Rugby Municipal Airport and within 8.3 miles 
north and 4.0 miles south of the 115 deg. bearing from the Rugby NDB 
extending from the NDB to 16.1 miles east of the NDB, and within 8.3 
miles south and 4.0 miles north of the 314 deg. bearing from the 
Rugby NDB extending from the NDB to 16.1 miles northwest of the NDB, 
excluding that airspace within the Minot, ND, and Rolla, ND, Class E 
airspace areas, and excluding all Federal Airways.
* * * * *
    Issued in Des Plaines, Illinois on March 11, 1998.
Maureen Woods,
Manager, Air Traffic Division.
[FR Doc. 98-7377 Filed 3-20-98; 8:45 am]
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