Amendment to Class D and Class E Airspace Areas; Manhattan, KS

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97-ACE-21]

Amendment to Class D and Class E Airspace Areas; Manhattan, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action establishes a new Class E surface area for the

Manhattan Municipal Airport, Manhattan, KS, and changes the times of

designation for the Manhattan, KS, Class E surface area extensions from

part-time to full-time. The Class E surface area and surface area

extensions are necessary to accommodate Instrumental Flight Rules (IFR)

operations during periods when the airport traffic control tower (ATCT)

is closed. This action also makes editorial amendments to the legal

description of the Manhattan, KS, Class D airspace area, but does not

change the dimensions or operating requirements of the Class D airspace

area. This change was made necessary by the recent conversion of the

adjacent Class D airspace area at Marshall Army Airfield, Ft. Riley,

KS, to a Class E surface area. This action also modifies the Class E

airspace area extending upward from 700 feet above ground (AGL) at

Manhattan, KS, by increasing the radius of the area from 6 nautical

miles (NM) to 6.7 NM. A review of the airspace at Manhattan, KS,

indicated that the 700 AGL area did not meet the requirements of FAA

Order 7400.2D.

DATES: Effective date: 0901 UTC, April 23, 1998.

Comments for inclusion in the Rules Docket must be received on or

before February 19, 1998.

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

Airspace Branch, Air Traffic Division, ACE-520, Federal Aviation

Administration, Docket Number 97-ACE-21, 601 East 12th Street, Kansas

City, MO 64106.

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

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, Airspace Branch, ACE-520C,

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

64106; telephone: (816) 426-3408.

SUPPLEMENTARY INFORMATION: The Class D airspace area at Marshall Army

Airfield, Ft. Riley, KS, has been removed and a new Class E surface

area established, which requires an editorial amendment to the Class D

airspace at Manhattan Municipal Airport, Manhattan, KS. The reference

to Class D airspace for Ft. Riley in the Manhattan Class D airspace

description has been changed to Class E.

There are Part 135 operations at Manhattan Municipal Airport when

the control tower is closed. A revision to the Class E surface area

extension changes the status from part-time to full time. A new Class E

surface area has been developed. The new Class E surface area and Class

E surface area extension will provide controlled airspace for Part 135

and IFR operations when the control tower is closed.

A review of the airspace for Manhattan Municipal Airport indicates

it does not meet the criteria for 700 feet AGL Class E airspace as

specified in FAA Order 7400.2D. The criteria in FAA Order 7400.2D for

an aircraft to reach 1200 feet AGL is based on a standard climb

gradient of 200 feet per mile, plus the distance to the end of the

outermost runway. Any fractional part of a mile is converted to the

next higher tenth of a mile increment. The Class E airspace at the

above 700 feet has been enlarged to conform to the criteria in FAA

Order 7400.2D.

The intended effect of this rule is to contain Part 135 and IFR

operations within controlled airspace and to facilitate separation of

aircraft operating under IFR conditions. The area will be depicted on

appropriate aeronautical charts.

Class D airspace areas are published in paragraph 5000, Class E

airspace areas designated as an extension to a Class D or Class E

surface area are published in paragraph 6004, Class E airspace areas

designated as a surface area for an airport are published in paragraph

6002, and Class E areas extending upward from the 700 feet or more

above the surface of the earth are published in paragraph 6005 of FAA

Order 7400.9E, dated September 10, 1997, and effective September 16,

1997, which is incorporated by reference in 14 CFR 71.1. The Class D

and Class E airspace designations 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 fight 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 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, aeronautical, environmental, and energy-related 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

[[Page 2885]]

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-21.'' 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.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

Accordingly, the Federal Aviation Administration amends 14 CFR part

71 as follows:

PART 71--DESIGNATIONS OF CLASS A, CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS

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.

Sec. 71.1 [Amended]

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

Aviation Administration Order 7400.9E, Airspace Designations and

Reporting Points, dated September 10, 1997, and effective September 16,

1997, is amended as follows:

Paragraph 5000 Class D airspace

* * * * *

ACE KS D Manhattan, KS [Revised]

Manhattan Municipal Airport, KS

(Lat. 30 deg.08'27''N, long. 96 deg.40'15''W)

Manhattan VOR/DME

(Lat. 39 deg.08'44''N, long. 96 deg.40'07''W)

McDowell Creek NDB

(Lat. 39 deg.07'03''N, long. 96 deg.37'46''W)

That airspace extending upward from the surface to and including

3,600 feet MSL within a 4.2-mile radius of Manhattan Municipal

Airport, excluding that airspace within the Fort Riley, Marshall

Army Airfield, KS, Class E airspace area and excluding that airspace

within Restricted Area R-3602B. This Class D airspace area is

effective during the specific dates and times established in advance

by a Notice to Airmen. The effective date and time will thereafter

be continuously published in the Airport/Facility Directory.

* * * * *

Paragraph 6002 Class E airspace areas designated as a surface area

for an airport

* * * * *

ACE KS E2 Manhattan, KS [New]

Manhattan Municipal Airport, KS

(Lat. 39 deg.08'27''N, long. 96 deg.40'15''W)

Within a 4.2-mile radius of Manhattan Municipal Airport,

excluding that airspace within the Fort Riley, Marshall Army

Airfield, Class E airspace area and excluding that airspace within

Restricted Area R-3602B.

* * * * *

Paragraph 6004 Class E airspace areas designated as an extension to

a Class D or Class E surface area

* * * * *

ACE KS E4 Manhattan, KS [Revised]

Manhattan Municipal Airport, KS

(Lat. 39 deg.08'27''N, long. 96 deg.40'15''W)

Manhattan VOR/DME

(Lat. 39 deg.08'44''N, long. 96 deg.40'07''W)

McDowell Creek NDB

(Lat. 39 deg.07'03''N, long. 96 deg.37'46''W)

That airspace extending upward from the surface within 1.8 miles

each side of the Manhattan VOR/DME 147 deg. radial extending from

the 4.2-mile radius of the Manhattan Municipal Airport to 9.5 miles

SE of the VOR/DME and within 1.8 miles northeast and 2.6 miles

southwest of the 127 deg. bearing from the McDowell Creek NDB

extending from the NDB to 8.7 miles southeast of the NDB.

* * * * *

Paragraph 6005 Class E airspace areas extending upward from 700

feet or more above the surface of the earth

* * * * *

ACE KS E5 Manhattan, KS [Revised]

Manhattan Municipal Airport, KS

(Lat. 39 deg.08'27''N, long. 96 deg.40'15''W)

Manhattan VOR/DME

(Lat. 39 deg.08'44''N, long. 96 deg.40'07''W)

McDowell Creek NDB

(Lat. 39 deg.07'03''N, long. 96 deg.37'46''W)

HATAN OM

(Lat. 39 deg.03'30''N, long. 96 deg.45'35''W)

That airspace extending upward from 700 feet above the surface

within a 6.7-mile radius of the Manhattan Municipal Airport and

within 3.5 miles each side of the 046 deg. radial of the Manhattan

VOR/DME extending from the 6.7 mile radius to 9.5 miles northeast of

the VOR/DME and within 1.8 miles northeast and 2.6 miles southwest

of the 126 deg. bearing from McDowell Creek NDB extending from the

6.7-mile radius to 9.5 miles southeast of the NDB and within 3.5

miles each side of the 147 deg. radial of the Manhattan VOR/DME

extending from the 6.7-mile radius to 9.6 miles southeast of the

VOR/DME and within 6 miles each side of the Manhattan ILS localizer

course extending from the 6.7-mile radius to 8 miles southwest of

the HATAN OM and within 2.6 miles each side of the Manhattan

localizer course extending from the HATAN OM to 14 miles southwest

of the HATAN OM; excluding that airspace within the boundaries of

Restricted Areas R-3602A and R-3602B.

* * * * *

Issued in Kansas City, MO, on November 6, 1997.

Christopher R. Blum,

Acting Manager, Air Traffic Division, Central Region.

[FR Doc. 98-1229 Filed 1-16-98; 8:45 am]

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