Amendment to Class E Airspace, Olathe, KS

DEPARTMENT OF TRANSPORTATION

14 CFR Part 71

[Docket No. 96-ACE-19]

Amendment to Class E Airspace, Olathe, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This action amends the Class E airspace area at Johnson County

Executive Airport, Olathe, KS. The Federal Aviation Administration has

developed a Standard Instrument Approach Procedure (SIAP) based on the

Non-Directional Radio Beacon (NDB) which has made this change

necessary. The effect of this rule is to provide additional controlled

airspace for aircraft executing the new SIAP at Johnson County

Executive Airport, Olathe, KS.

DATES: Effective date: March 27, 1997.

Comment date: Comments must be received on or before January 13,

1997.

ADDRESSES: Send comments regarding the rule in triplicate to: Manager,

Operations Branch, Air Traffic Division, ACE-530, Federal Aviation

Administration, Docket Number 96-ACE-19, 601 East 12th St., Kansas

City, MO 64106.

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

Chief Counsel for the Central Region at the same address between 9:00

a.m. and 3:00 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 Branch, ACE-530C,

Federal Aviation Administration, 601 East 12th Street, Kansas City, MO

64106, telephone: (816) 426-3408.

SUPPLEMENTARY INFORMATION: The FAA has developed Standard Instrument

Approach Procedures (SIAP) utilizing the Non-Directional Radio Beacon

(NDB) at Johnson County Executive Airport, Olathe, KS. The amendment to

Class E airspace at Olathe, KS, will provide additional controlled

airspace to segregated aircraft operating under Visual Flight Rules

(VFR) from aircraft operating under Instrument Flight Rules (IFR)

procedures while arriving or departing the airport. The area will be

depicted on appropriate aeronautical charts thereby enabling pilots to

either circumnavigate the area, continue to operate under VFR to and

from the airport, or otherwise comply with IFR procedures. Class E

airspace areas extending from 700 feet or more above the surface of the

earth are published in paragraph 6005 of FAA Order 7400.9D, dated

September 4, 1996, and effective September 16, 1996, which is

incorporated by reference in 14 CFR 71.1. The Class E airspace

designation 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. 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 captions 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.

Coments are specifically invited on the overall regulatory,

economic, environmental, and energy 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. 96-ACE-19.'' The postcard will be date stamped and

returned to the commenter.

Agency Findings

The regulations adopted herein will not have substantial direct

effects 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, in

accordance with Executive Order 12612, it is determined that this final

rule does not have sufficient federalism implications to warrant the

preparation of a Federalism Assessment.

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.

A copy of it may be obtained by contacting the Rules Docket at the

location provided under the captions ADDRESSES.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

Accordingly, the Federal Aviation Administration amends Part 71 of

the Federal Aviation Regulations (14 CFR Part 71) as follows:

[[Page 58784]]

PART 71--[AMENDED]

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; 14 CFR 11.69.

Sec. 71.1 [Amended]

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

Aviation Administration Order 7400.9D, Airspace Designations and

Reporting Points, dated September 4, 1996, and effective September 16,

1996, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700

feet or more above the surface of the earth.

* * * * *

ACE NE E5 Olathe, KS. [Revised]

Olathe, Johnson County Executive Airport, KS.

(Lat. 38 deg.50'51.37''N., long. 94 deg.44'15.31''W.)

Johnson County VOR/NDB

(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 2.2 miles each side of the Johnson County VOR/DME 184 deg.

radial extending from the 6.4-mile radius to 7 miles south of the

airport.

* * * * *

Issued in Kansas City, MO, on October 28, 1996.

Herman J. Lyons, Jr.,

Manager, Air Traffic Division, Central Region.

[FR Doc. 96-29595 Filed 11-18-96; 8:45 am]

BILLING CODE 4910-13-M