Removal of Class D Airspace, Marshall Army Airfield, Ft. Riley, KS

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. 97-ACE-5]

Removal of Class D Airspace, Marshall Army Airfield, Ft. Riley,

KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action removes the Class D airspace area at Marshall Army

Airfield, Ft. Riley, KS. The Control Tower at Marshall Army Airfield is

not in operation and will not be operational in the foreseeable future.

DATES: Effective date: 0901 UTC July 17, 1997.

[[Page 17053]]

Comment date: Comments must be received on or before May 15, 1997.

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

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

Administration, Docket Number 97-ACE-5, 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

am. 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, Missouri 64106; telephone (816) 426-3408.

SUPPLEMENTARY INFORMATION: The control tower at Marshall Army Airfield,

Ft. Riley, KS, has been closed and will not be operational in the

foreseeable future. The Department of the Army has requested the Class

D airspace be removed. However, the Class E2 and E4 surface area will

be retained.

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. This removal is

required because the control tower is no longer operational. 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 caption 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.

Comments 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. 97-ACE-5.'' 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 caption 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:

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 5000 Class D airspace

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ACE KS D Ft. Riley, KS. [Removed]

* * * * *

Issued in Kansas City, MO, on March 12, 1997.

Christopher R. Blum,

Acting Manager, Air Traffic Division, Central Region.

[FR Doc. 97-9139 Filed 4-8-97; 8:45 am]

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