Modification of Class E Airspace Areas

DEPARTMENT OF TRANSPORTATION

14 CFR Part 71

[Airspace Docket No. 97-AGL-11]

Modification of Class E Airspace Areas

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This action modifies Class E airspace areas at Minot, ND.

Presently, these areas are designated as Class D airspace when the

associated control tower is in operation. However, controlled airspace

to the surface is needed when the control towers located at these areas

are closed. The intended effect of this action is to provide adequate

Class E airspace for instrument flight rule (IFR) operations when these

control towers are closed.

DATES: Effective date: 0901 UTC, May 22, 1997. Comment date: Comments

must be received on or before April 15, 1997.

ADDRESSES: Send comments on the rule in triplicate to: Manager, Air

Traffic Division, Operations Branch, AGL-530, Docket No. 97-AGL-11,

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

Illinois 60018.

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

Chief Counsel, Federal Aviation Administration, 2300 E. Devon Avenue,

Des Plaines, Illinois. An informal docket may also be examined during

normal business hours at the address listed above.

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:

Request for Comments on the Rule

Although this action is in the form of a final rule, and was not

preceded by notice and public procedure, comments are invited on the

rule. When the comment period ends, the FAA will use the comments

submitted, together with other available information, to review the

regulation. If the FAA receives no adverse comments in response to this

action, this rule will become effective on the date specified in the

DATES section. After the review, if the FAA finds that further chances

are appropriate, it will initiate rulemaking proceedings to amend the

regulation.

Comments that provide the factual basis supporting the views and

suggestions presented are particularly

[[Page 15604]]

helpful in evaluating the effects of the rule, and in determining

whether additional rulemaking is required. Comments are specifically

invited on the overall regulatory, aeronautical, economic,

environmental, and energy-related aspects of the rule which might

suggest the need to modify the rule.

The Rule

This amendment to part 71 of the Federal Aviation Regulations

establishes Class E airspace areas at Minot, ND. Currently, this

airspace is designated as Class D when the associated control tower is

in operation. Nevertheless, controlled airspace to the surface is

needed for IFR operations at Minot International Airport, Minot, ND,

when the control towers are closed. The intended effect of this action

is to provide adequate Class E airspace for IFR operations at these

airports when these control towers are closed. As noted in the Airspace

Reclassification Final Rule, published in the Federal Register on

December 17, 1991, airspace at an airport with a part-time control

tower should be designated as a Class D airspace area when the control

tower is in operation, and as a Class E airspace area when the control

tower is closed (56 FR 65645).

The coordinates for this airspace docket are based on North

American Datum 83. Class E airspace areas designated as surface areas

for airports 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

designations listed in this document will be published subsequently in

the Order. Under the circumstances presented, the FAA concludes that

there is an immediate need to establish these Class E airspace areas in

order to promote the safe and efficient handling of air traffic in

these areas. Therefore, I find that notice and public procedures under

5 U.S.C. 553(b) are impracticable and contrary to the public interest.

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 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 Class E airspace areas designated as a surface area

for an airport

* * * * *

AGL ND E4 Minot, ND [Revised]

Minot International Airport, ND

(Lat. 48 deg.15'34'' N., long. 101 deg.17'14'' W.)

That airspace extending upward from the surface within 3.5 miles

each side of the Minot VORTAC 129 deg. radial extending from the

4.2-mile radius of Minot International Airport to 7 miles southeast

of the VORTAC and within 3.5 miles each side of the Minot VORTAC

260 deg. radial, extending from the 4.2-mile radius of the airport

to 7 miles west of the VORTAC and within 3.5 miles each side of the

Minot VORTAC 327 deg. radial, extending from the 4.2-mile radius of

the airport to 7 miles northwest of the VORTAC and within 3.5 miles

each side of the Minot VORTAC 097 deg. radial, extending from the

4.2-mile radius to 7 miles east of the VORTAC, excluding the portion

which overlies the Minot AFB, ND, Class D airspace area. This Class

E airspace area is effective during the specific dates and times

established in advance by a Notice to Airmen. The effective dates

and times will thereafter be continuously published in the Airport/

Facility Directory.

* * * * *

Issued in Des Plaines, Illinois on March 19, 1997.

Maureen Woods,

Manager, Air Traffic Division.

[FR Doc. 97-8369 Filed 4-1-97; 8:45 am]

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