[Federal Register Volume 66, Number 90 (Wednesday, May 9, 2001)]
[Rules and Regulations]
[Pages 23560-23561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11724]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. 01-ACE-5]


Amendment to Class E Airspace; Olathe, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This amendment modifies the Class E airspace area at Olathe, 
KS to accommodate a planned change to the VHF Omni-directional Range 
(VOR) Runway (RWY) 36 Standard Instrument Approach Procedure (SIAP) 
serving Johnson County Executive Airport, Olathe, KS. Additional 
controlled airspace extending upward from the surface and upward from 
700 feet Above Ground Level (AGL) is needed to accommodate the SIAP and 
for other Instrument Flight Rules (IFR) operations at this airport.
    The intended effect of this rule is to provide controlled Class E 
airspace for aircraft executing the SIAP and to segregate aircraft 
using instrument approach procedures in instrument conditions from 
aircraft operating in visual conditions.

DATES: This direct final rule is effective on 0901 UTC, September 6, 
2001.
    Comments for inclusion in the Rules Docket must be received on or 
before July 13, 2001.

ADDRESSES: Send comments regarding the rule in triplicate to: Manager, 
Operations and Airspace Branch, Air Traffic Division, ACE-530, DOT 
Regional Headquarters Building, Federal Aviation Administration, Docket 
Number 01-ACE-5, 901 Locust, 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 a.m. and 3 
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, 
Operations & Airspace Branch, ACE-520C, DOT Regional Headquarters 
Building, Federal Aviation Administration, 901 Locust, Kansas City, MO 
64106; telephone: (816) 329-2525.

SUPPLEMENTARY INFORMATION: The FAA has modified the VOR RWY 36 SIAP 
serving Johnson County Executive Airport, Olathe, KS. The amendment to 
Class E airspace at Olathe, KS, will provide additional controlled 
airspace upward from the surface and at and above 700 feet AGL in order 
to contain the modified SIAP within controlled airspace, and thereby 
facilitate separation of aircraft operating under Instrument Flight 
Rules (IFR). The area will be depicted on appropriate aeronautical 
charts. Class E airspace areas extending upward from the surface of the 
earth are published in paragraph 6004 of FAA Order 7400.9H dated 
September 1, 2000. 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 7400.9H, dated September 1, 2000, and effective 
September 16, 2000, 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 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.

[[Page 23561]]

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, 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. 01-ACT-5.'' The postcard will be date stamped and 
returned to the commenter.

Agency Findings

    The regulations adopted herein will not have a substantial direct 
effect 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, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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) 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--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 Federal 
Aviation Administration Order 7400.9H Airspace Designations and 
Reporting Points, dated September 1, 2000, and effective September 16, 
2000, is amended as follows:

Paragraph 6004  Class E Airspace Areas Extending Upward From the 
Surface of the Earth.

* * * * *

ACE KS E4  Olathe, Johnson County Executive Airport, KS

Olathe, Johnson County Executive Airport, KS
    (Lat. 38 deg.50'51" N., long. 94 deg.44'15" W.)
Johnson County VOR/DME
    (Lat. 38 deg.50'26" N., long. 94 deg.44'12" W.)

    That airspace extending upward from the surface within 1.2 miles 
each side of the Johnson County VOR/DME 180 deg. radial, extending 
from the 3.9-mile radius, to 7 miles south of the Johnson County 
VOR/DME. 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 6005  Class E Airspace Areas Extending Upward From 700 
Feet or More Above the Surface of the Earth

* * * * *

ACE KS E5  Olathe, Johnson County Executive Airport, KS

Olathe, Johnson County Executive Airport, KS
    (Lat. 38 deg.50'51" N., long. 94 deg.44'15" W.)
Johnson County VOR/DME
    (Lat. 38 deg.50'26" N., long. 94 deg.44'12" W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.4-mile radius of the Johnson County Executive Airport, 
and within 1.2 miles each side of the Johnson County VOR/DME 
180 deg. radial, extending from the 6.4-mile radius, to 7 miles 
south of the Johnson County VOR/DME.
* * * * *

    Issued in Kansas City, MO, on April 20, 2001.
Herman J. Lyons, Jr.,
Manager, Air Traffic Division, Central Region.
[FR Doc. 01-11724 Filed 5-8-01; 8:45 am]
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