Modification of Class D Airspace; Bismarck, ND, Grissom AFB, IN, Muskegon, MI, and Mansfield, OH.

DEPARTMENT OF TRANSPORTATION

14 CFR Part 71

[Airspace Docket No. 94-AGL-18]

Modification of Class D Airspace; Bismarck, ND, Grissom AFB, IN,

Muskegon, MI, and Mansfield, OH.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This action modifies Class D airspace areas at Bismarck

Municipal Airport, Bismarck, ND, Grissom Air Force Base (AFB), IN,

Muskegon County Airport, Muskegon, MI, and Mansfield Lahm Municipal

Airport, Mansfield, OH; by amending the areas' effective hours to

coincide with the associated control tower's hours of operation. The

intended effect of this action is to clarify when two-way radio

communication with these air traffic control towers is required.

DATES: Effective date: 0901 UTC, June 23, 1994.

Comment date: Comments must be received on or before June 16, 1994.

ADDRESSES: Send comments on the rule in triplicate to: Manager, Air

Traffic Division, System Management Branch, AGL-530, Docket No. 94-AGL-

18, Federal Aviation Administration, 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 E. Devon Avenue,

Des Plaines, Illinois.

An informal docket may also be examined during normal business

hours at the address listed above.

FOR FURTHER INFORMATION CONTACT:

Angeline D. Perri, Air Traffic Division, System Management Branch, AGL-

530, Federal Aviation Administration, 2300 East Devon Avenue, Des

Plaines, Illinois 60018, telephone (708) 294-7571.

SUPPLEMENTARY INFORMATION:

Request for Comments on the Rule

Although this action is a final rule, and as not preceded by notice

and public procedure, comments are invited on the rule. This rule will

become effective on the date specified in the ``DATES'' section.

However, after the review of the comments and if the FAA finds that

further changes are appropriate, it will initiate rulemaking

proceedings to extend the effective date to amend the regulation.

Comments that provide the factual basis supporting the views and

suggestions presented are particularly helpful in evaluating the

effects of the rule, and in determining whether additional rulemaking

is required. Comments are specifically invited on the overall

regulatory, aeronautical, economic, environmental, and energy-related

aspects of the rule which might suggest the need to modify the rule.

The Rule

The amendment to part 71 of the Federal Aviation Regulations (14

CFR part 71) modifies the Class D airspace areas at Bismarck Municipal

Airport, Bismarck, ND, Grissom AFB, IN, Muskegon County Airport,

Muskegon, MI, and Mansfield Lahm Municipal Airport, Mansfield, OH, by

amending the areas' effective hours to coincide with the associated

control tower's hours of operation. Prior to Airspace Reclassification,

an airport traffic area (ATA) and a control zone (CZ) existed at these

airports. However, Airspace Reclassification, effective September 16,

1993, discontinued the use of the term ``airport traffic area'' and

``control zone,'' replacing them with the designation ``Class D

airspace.'' The former CZ was continuous, while the former ATA was

contingent upon the operation of the air traffic control tower. The

consolidation of the ATA and CZ into a single Class D airspace

designation makes it necessary to modify the effective hours of the

Class D airspace to coincide with the control tower's hours of

operation. The intended effect of this action is to clarify when two-

way radio communication with these air traffic control towers, is

required.

The coordinates for this airspace docket are based on North

American Datum 83. Class D airspace designations are published in

Paragraphs 5000 of FAA Order 7400.9A dated June 17, 1993, and effective

September 16, 1993, which is incorporated by reference in 14 CFR 71.1

(58 FR 36298; July 6, 1993). The Class D airspace designations listed

in this document will be published subsequently in the Order. Under the

circumstances presented, the FAA concludes that there is an immediate

need to modify these Class D airspace areas in order to promote the

safe and efficient handling of air traffic in these areas. Therefore, I

find that notice and public procedures under 5 U.S.C. 553(b) are

impracticable and contrary to the public interest.

The FAA has determined that this regulation only involves an

established body of technical regulations for which frequent and

routine amendments are necessary to keep them operationally current.

It, therefore--(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 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).

Adoption of the Amendment

In consideration of the foregoing, the Federal Aviation

Administration amends 14 CFR part 71 as follows:

PART 71--[AMENDED]

1. The authority citation for part 71 continues to read as follows:

Authority: 49 U.S.C. app. 1348(a), 1354(a), 1510; E.O. 10854, 24

FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR

11.69.

Sec. 71.1 [Amended]

2. The incorporation by reference in 14 CFR 71.1 of the Federal

Aviation Administration Order 7400.9A, Airspace Designations and

Reporting Points, dated June 17, 1993, and effective September 16,

1993, is amended as follows:

Paragraph 5000 General

* * * * *

AGL ND D Bismarck, ND [Revised]

Bismarck Municipal Airport, ND

(lat. 46 deg.46'26'' N., long. 100 deg.44'52'' W.)

That airspace extending upward from the surface to and including

4,200 feet MSL within a 4.8-mile radius of Bismarck Municipal

Airport. This Class D airspace area is effective during the specific

dates and times established in advance by a Notice to Airmen. The

effective dates and times will thereafter be continuously published

in the Airport/Facility Directory.

* * * * *

AGL IN D Grissom AFB, IN [Revised]

Grissom AFB, IN

(lat. 40 deg.38'53'' N., long. 86 deg.09'08'' W.)

That airspace extending upward from the surface to and including

3,300 feet MSL within a 4.5-mile radius of Grissom AFB. This Class D

airspace area is effective during the specific dates and times

established in advance by a Notice to Airmen. The effective dates

and times will thereafter be continuously published in the Airport/

Facility Directory.

* * * * *

AGL MI D Muskegon, MI [Revised]

Muskegon County Airport, MI

(lat. 43 deg.10'10'' N., long. 86 deg.14'18'' W.)

That airspace extending upward from the surface to and including

3,100 feet MSL within a 4.2-mile radius of Muskegon County Airport.

This Class D airspace area is effective during the specific dates

and times established in advance by a Notice to Airmen. The

effective dates and times will thereafter be continuously published

in the Airport/Facility Directory.

* * * * *

AGL OH D Mansfield, OH [Revised]

Mansfield Lahm Municipal Airport, OH

(lat. 40 deg.49'17'' N., long. 82 deg.31'00'' W.)

Mansfield VORTAC

(lat. 40 deg.52'07'' N., long. 82 deg.35'27'' W.)

That airspace extending upward from the surface to and including

3,800 feet MSL within a 4.4-mile radius of the Mansfield Lahm

Airport, and within 1.7 miles each side of the Mansfield VORTAC

307 deg. radial extending from the 4.4-mile radius to 4.8 miles

northwest of the airport. This Class D airspace area is effective

during the specific dates and times established in advance by a

Notice to Airmen. The effective dates and times will thereafter be

continuously published in the Airport/Facility Directory.

* * * * *

Issued in Des Plaines, Illinois on May 5, 1994.

Roger Wall,

Manager, Air Traffic Division.

[FR Doc. 94-11721 Filed 5-12-94; 8:45 am]

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