[Federal Register Volume 64, Number 10 (Friday, January 15, 1999)]
[Proposed Rules]
[Pages 2605-2606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-734]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 64, No. 10 / Friday, January 15, 1999 / 
Proposed Rules  

[[Page 2605]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98-AGL-62]


Proposed Modification of Class D Airspace and Class E Airspace 
and Establishment of Class E Airspace; Kenosha, WI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice proposes to modify Class D airspace and Class E 
airspace and establish Class E airspace at Kenosha, WI. This action 
would amend the effective hours of the Class D surface area and the 
associated Class E airspace to coincide with the airport traffic 
control tower (ATCT). This action would also establish a Class E 
surface area when the ATCT is closed. The purpose of these actions is 
to clarify when two-way radio communication with the ATCT is required 
and to provide adequate controlled airspace for instrument approach 
procedures when the tower is closed.

DATES: Comments must be received on or before February 16, 1999.

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-62, 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-62.'' 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 modify 
Class D and associated Class E airspace at Kenosha, WI, by amending the 
effective hours to coincide with the ATCT hours of operation, and to 
establish a Class E surface area during those times the ATCT is closed. 
Controlled airspace extending upward from the surface is needed to 
contain aircraft executing instrument approach procedures. The area 
would be depicted on appropriate aeronautical charts. Class D airspace 
designations are published in paragraph 5000, Class E airspace areas 
designated as an extension to a Class D 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 7400.9F 
dated September 10, 1998, and effective September 16, 1998, which is 
incorporated by reference in 14 CFR 71.1. The Class D and Class E 
airspace designations listed in this document would be published 
subsequently in the Order.
    The FAA has determined that this proposed regulation only involves 
an establishment 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).

[[Page 2606]]

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 7400.9F, Airspace Designations and 
Reporting Points, dated September 10, 1998, and effective September 16, 
1998, is amended as follows:

Paragraph 5000  Class D airspace.

* * * * *

AGL WI D  Kenosha, WI [Revised]

Kenosha Regional Airport, WI
    (Lat. 42 deg.35'45'' N., long. 87 deg.55'40'' W.)

    That airspace extending upward from the surface to and including 
3,200 feet MSL within a 4.1-mile radius of the Kenosha Regional 
Airport. This Class D airspace area is effective during the specific 
dates and times established in advance by 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 surface area

* * * * *

AGL WI E4  Kenosha, WI [Revised]

Kenosha Regional Airport, WI
    (Lat. 42 deg.35'45'' N., long. 87 deg.55'40'' W.)

Kenosha VOR
    (Lat. 42 deg.35'57'' N., long. 87 deg.55'54'' W.)

    That airspace extending upward from the surface within 2.4 miles 
each side of the Kenosha VOR 077 deg. radial extending from the 4.1-
mile radius of the Kenosha Regional Airport to 7.0 miles northeast 
of the airport. This Class E airspace area is effective during the 
specific dates and times established in advance by 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

* * * * *

AGL WI E2  Kenosha, WI [New]

Kenosha Regional Airport, WI
    (Lat. 42 deg.35'45'' N., long. 87 deg.55'40'' W.)

Kenosha VOR
    (Lat. 42 deg.35'57'' N., long. 87 deg.55'54'' W.)

    Within a 4.1-mile radius of the Kenosha Regional Airport, and 
that airspace extending upward from the surface within 2.4 miles 
each side of the Kenosha VOR 077 deg. radial extending from the 4.1-
mile radius of the Kenosha Regional Airport to 7.0 miles northeast 
of the airport. This Class E airspace area is effective during the 
specific dates and times established in advance by Notice to Airmen. 
The effective date and time will thereafter be continuously 
published in the Airport/Facility Directory.
* * * * *
    Issued in Des Plaines, Illinois, on December 14, 1998.
Maureen Woods,
Manager, Air Traffic Division.
[FR Doc. 99-734 Filed 1-14-99; 8:45 am]
BILLING CODE 4910-13-M