Proposed Modification of Class E Airspace; Rapid City, SD

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 94-AGL-9]

Proposed Modification of Class E Airspace; Rapid City, SD

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice proposes to modify Class E airspace areas;

specifically Class E4 (Class E airspace areas consisting of airspace

extending upward from the surface designated as an extension to a Class

D surface area) at Rapid City, SD to modify the legal description to

include the statement ``excluding that airspace within the Rapid City,

SD, Class D airspace area.'' The intended affect of this proposal is to

provide segregation of aircraft using instrument approach procedures in

instrument conditions from other aircraft operating in visual weather

conditions.

DATES: Comments must be received on or before May 13, 1994.

ADDRESSES: Send comments on the proposal in triplicate to: Federal

Aviation Administration, Office of the Assistant Chief Counsel, AGL-7,

Rules Docket No. 94-AGL-9, 2300 East Devon Avenue, Des Plaines,

Illinois 60018.

The official docket may be examined in the Office of the Assitant

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, System Management

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

Plaines, Illinois.

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:

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. 94-

AGL-9.'' 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 the Notice of Proposed Rulemaking

(NPRM) by submitting a request to the Federal Aviation Administration,

Office of Public Affairs, Attention: Public Inquiry Center, APA-220,

800 Independence Avenue, SW., Washington, DC 20591, or by calling (202)

267-3485. 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 part 71 of the Federal

Aviation Regulations (14 CFR part 71) to modify Class E airspace areas;

specifically Class E4 (Class E airspace areas consisting of airspace

extending upward from the surface designated as an extension to a Class

D surface area) at Rapid City, SD to modify the legal description to

include the statement ``excluding that airspace within the Rapid City,

SD, Class D Airspace area.'' The intended affect of this action is to

provide segregation of aircraft using instrument approach procedures in

instrument conditions from other aircraft operating in visual weather

conditions, and to establish Class E airspace to contain instrument

procedures in areas outside the Class D surface area. Aeronautical maps

and charts would reflect the defined area which would enable pilots to

circumnavigate the area in order to comply with applicable visual

flight rules requirements.

The coordinates for this airspace docket are based on North

American Datum 83. Class E airspace designations are published in

Paragraph 6004 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 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.

It, therefore--(1) is not a ``major rule'' 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,

when promulgated, 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

In consideration of the foregoing, the Federal Aviation

Administration proposes to amend 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 6004 Class E airspace.

* * * * *

AGL SD E4 Rapid City, SD [Revised]

Rapid City Regional Airport, SD

(lat. 44 deg.02'42'' N., long. 103 deg.03'27'' W.)3

Ellsworth AFB, SD

(lat. 44 deg.08'43'' N., long. 103 deg.06'13'' W.)

Rapid City VORTAC

(lat. 43 deg.58'34'' N., long. 103 deg.00'45'' W.)

Ellsworth AFB TACAN

(lat. 44 deg.08'20'' N., long 103 deg.06'07'' W.)

That airspace extending upward from the surface within 2.6 miles

each side of the Rapid City VORTAC 155 deg./335 deg. radials,

extending from the 4.3-mile radius of Rapid City Regional Airport to

7 miles southeast of the VORTAC and within 2.6 miles each side of

the Ellsworth AFB TACAN 129 deg. radial, extending from the

Ellsworth AFB 4.7-mile radius of the Airport to 7 miles southeast of

the TACAN, excluding that airspace within the Rapid City, SD, Class

D airspace area.

* * * * *

Issued in Des Plaines, Illinois, on March 24, 1994.

John P. Cuprisin,

Manager, Air Traffic Division.

[FR Doc. 94-7918 Filed 4-1-94; 8:45 am]

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