Establishment of Class E Airspace; Ephraim, WI, Ephraim-Fish Creek Airport

DEPARTMENT OF TRANSPORTATION

14 CFR Part 71

[Airspace Docket No. 96-AGL-24]

Establishment of Class E Airspace; Ephraim, WI, Ephraim-Fish

Creek Airport

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace at Ephraim, WI. A

Global Positioning System (GPS) standard instrument approach procedure

(SIAP) to Runway 32 has been developed for Ephraim-Fish Creek Airport.

Controlled airspace extending upward from 700 to 1200 feet above ground

level (AGL) is needed to contain aircraft executing the approach. 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.

EFFECTIVE DATE: 0901 UTC, May 22, 1997.

FOR FURTHER INFORMATION CONTACT:

John A. Clayborn, 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 Monday, December 6, 1996, the FAA proposed to amend part 71 of

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

airspace at Ephraim, WI (61 FR 65992). The proposal was to add

controlled airspace extending upward from 700 to 1200 feet AGL 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.

Two (2) letters of objection were received in response to this airspace

action. The objections were based on concerns for cost, safety, and

noise. The following concerns were raised:

1. Establishing Class E controlled airspace, and possible future

expansion of the airport, will increase the cost to the local taxpayers

for airport operations.

2. Establishing Class E controlled airspace will allow larger

aircraft and/or jet aircraft to operate into and out of the existing

airport, thereby decreasing safety at the airport.

3. Establishing Class E controlled airspace will increase the noise

levels associated with the airport and consequently lower the property

values for the homes immediately adjacent to the airport.

All of these comments were considered and evaluated. They are

responded to as follows:

1. There is no increase in direct cost to the local taxpayer

associated with establishing Class E controlled airspace for this

airport. The Class E airspace action is based on the GPS SIAP to Runway

32, which is supported by the Department of Defense system of Global

Positioning System satellites now in orbit around the earth. Pilots

desiring to use this GPS SIAP must carry the appropriate receiving

equipment on board their aircraft. Neither of these costs are related

to the local tax base for the airport. Further, concern for any

possible future expansion of this airport is not appropriate to this

airspace action, which is based on the existing airport; therefore,

this comment is considered beyond the scope of this airspace action.

Comments concerning any possible future expansion of the airport should

be directed to the local airport authority.

2. Establishing Class E controlled airspace does not by itself

increase the capability of the airport to accept larger aircraft and/or

jet aircraft. Only a physical change to the existing runway (i.e.,

longer runway stressed for heavier aircraft) and other such related

actions (i.e., associated parking ramp

[[Page 12535]]

expansion) would allow for larger types of aircraft to operate into and

out of the airport. Establishing Class E controlled airspace actually

enhances safety of flight operations, for those aircraft presently

permitted to use the airport, during periods of marginal and

deteriorating weather conditions. Therefore, any perceived risk

associated with this concern is beyond the scope of this airspace

action, because, as stated above, comments concerning any possible

future expansion of the airport should be directed to the local airport

authority.

3. Establishing Class E controlled airspace does not automatically

lead to increased aircraft operations for that airport. The

demographics of this airport indicate only a small insignificant

increase in aircraft operations may occur as a result of this GPS SIAP

and associated airspace action. There is presently no expected

significant increase in the total annual air traffic operations due to

the establishment of Class E controlled airspace at this airport.

Therefore, there is not reasonable expectation of a significant

increase in the noise levels, nor is there a reasonable expectation of

a significant change in property values for homes immediately adjacent

to the airport.

Class E airspace designations for areas extending upward 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 Rule

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

CFR part 71) establishes Class E airspace at Ephraim, WI to accommodate

aircraft executing the GPS Runway 32 SIAP at Ephraim-Fish Creek

Airport. Controlled airspace extending upward from 700 to 1200 feet AGL

is needed to contain aircraft executing the approach. 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

establishes 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 14 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 6005 Class E airspace areas extending upward from 700

feet or more above the surface of the earth.

* * * * *

AGL WI E5 Ephriam, WI [New]

Ephraim-Fish Creek Airport, WI

(Lat. 45 deg.08'07'' N, long. 87 deg.11'09'' W)

That airspace extending upward from 700 feet above the surface

within a 6.3-mile radius of the Ephraim-Fish Creek Airport.

* * * * *

Issued in Des Plaines, Illinois on February 14, 1997.

Maureen Woods,

Manager, Air Traffic Division.

[FR Doc. 97-6612 Filed 3-14-97; 8:45 am]

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