Establishment of Class E Airspace; Bismarck, ND, Bismarck Municipal Airport

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97-AGL-14]

Establishment of Class E Airspace; Bismarck, ND, Bismarck

Municipal Airport

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace at Bismarck, ND. This

airport is served by Federal Aviation Regulations Part 121 (14 CFR Part

121) and Part 135 (14 CFR Part 135) air carrier operations during

periods when the air traffic control tower is closed. Controlled

airspace extending upward from the surface is needed to contain

aircraft executing instrument approach procedures after the air traffic

control tower is closed. The intended effect of this action is to

provide segregation of aircraft using instrument approach procedures in

instrument conditions from other aircraft operating in visual weather

conditions.

DATES: Effective 0901 UTC, September 11, 1997.

FOR FURTHER INFORMATION CONTACT:

Manuel A. Torres, Air Traffic Division, Operations Branch, AGL-530,

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

Illinois 60018, telephone (847) 294-7568.

SUPPLEMENTARY INFORMATION:

History

On Thursday, April 24, 1997, the FAA proposed to amend part 71 of

the Federal Aviation Regulations (14 CFR part 71) to establish Class E

airspace at Bismarck, ND (62 FR 19954). The proposal was to add

controlled airspace extending upward from the surface to contain

Instrument Flight Rules (IFR) operations in controlled airspace during

portions of the terminal operation and while transiting between the

enroute and terminal environments.

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. Class E airspace

designations for areas extending upward from the surface of the earth

are published in paragraph 6002 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 Rule

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

CFR part 71) establishes Class E airspace at Bismarck, ND, to

accommodate aircraft operators during periods when the air traffic

control tower is closed. Controlled airspace extending upward from the

surface is needed to contain aircraft executing instrument approaches.

The area will be depicted on appropriate aeronautical charts thereby

enabling pilots to circumnavigate the area or otherwise comply with IFR

procedures.

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.

Therefore, this regulation--(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. 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 the 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 6002 The Class E airspace areas designated as a surface

area for an airport.

* * * * *

AGL ND E2 Bismarck, ND [New]

Bismarck Municipal Airport, ND

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

Within a 4.8-mile radius of the Bismark Municipal Airport. This

Class E airspace is effective during the specific dates and times

established in advance by a Notice to Airman. The effective date and

time will thereafter be published in the Airport/Facility Directory.

* * * * *

Issued in Des Plaines, Illinois on June 26, 1997.

Maureen Woods,

Manager, Air Traffic Division.

[FR Doc. 97-19253 Filed 7-22-97; 8:45 am]

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