Establishment of Class D and E Airspace; Kenosha, WI.; Revocation of Class E Airspace; Kenosha, WI

DEPARTMENT OF TRANSPORTATION

14 CFR Part 71

[Airspace Docket No. 94-AGL-7]

Establishment of Class D and E Airspace; Kenosha, WI.; Revocation

of Class E Airspace; Kenosha, WI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class D and Class E4 airspace at

Kenosha, WI. This action also revokes the Class E5 airspace at Kenosha,

WI. An air traffic control tower has been commissioned at Kenosha

Municipal Airport. The intended effect of this action is to provide

adequate Class D airspace for instrument flight rules (IFR) operations

and require two-way radio communication at Kenosha Municipal Airport,

and to establish Class E airspace for instrument approach procedures in

areas outside the Class D surface area.

EFFECTIVE DATE: 0901 UTC, October 13, 1994.

FOR FURTHER INFORMATION CONTACT:

Robert J. Woodford, Air Traffic Division, System Management Branch,

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

Plaines, Illinois 60018, telephone (708) 294-7568.

SUPPLEMENTARY INFORMATION:

History

On Monday, April 4, 1994, the FAA proposed to amend part 71 of the

Federal Aviation Regulations (14 CFR part 71) to establish Class D and

E4 Airspace at Kenosha Municipal Airport, Kenosha, WI (59 FR 15667).

The proposal was to add controlled airspace extending upward from the

surface designated as an extension to a Class D surface area.

Interested parties were invited to participate in this rulemaking

proceeding by submitting written comments on the proposal to the FAA.

No comments objecting to the proposal were received.

The coordinates for this airspace docket are based on North

American Datum 83. Class D, Class E4 and Class E5 airspace designations

are published respectively in Paragraphs 5000, 6004, and 6005 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 and E4 airspace designations listed in this document

will be published subsequently in the Order. The Class E5 airspace

designation listed in this document will be subsequently removed.

The Rule

This amendment to part 71 of the Federal Aviation Regulations

establishes Class D airspace with Class E arrival extensions at Kenosha

Municipal Airport. An air traffic control tower was commissioned at

Kenosha Municipal Airport. Controlled airspace at an airport with an

operating control tower is designated as Class D airspace. The intended

effect of this action is to provide adequate Class D airspace for IFR

operations and require two-way radio communications at Kenosha

Municipal Airport.

The Class D surface area does not completely contain six instrument

approach procedures. This Class E4 airspace will contain the instrument

approach procedures in controlled airspace without imposing a

requirement on aircraft operating under visual flight rules within the

Class E4 area to communicate with the Kenosha Municipal Airport air

traffic control tower.

The Class E5 airspace at Kenosha Municipal Airport is revoked due

to the commissioning of the air traffic control tower.

Aeronautical maps and charts will reflect the defined area which

will enable pilots to circumnavigate the area in order to comply with

applicable visual flight rule requirements.

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 14 CFR 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 Class D airspace.

* * * * *

AGL WI D Kenosha, WI [New]

Kenosha Municipal 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 within a 4.1 mile radius of the Kenosha Municipal

Airport.

Paragraph 6004 Class E airspace.

* * * * *

AGL WI E4 Kenosha, WI [New]

Kenosha Municipal 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 Municipal Airport to 7 miles northeast of

the Kenosha Airport.

* * * * *

Paragraph 6005 Class E airspace areas extending upward from 700

feet or more above the surface of the earth.

* * * * *

AGL WI E5 Kenosha, WI [Removed]

* * * * *

Issued in Des Plaines, Illinois on June 15, 1994.

Roger Wall,

Manager, Air Traffic Division.

[FR Doc. 94-18828 Filed 8-2-94; 8:45 am]

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