Amendment of Class E Airspace; Marshall Army Airfield, Fort Riley, KS

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97-ACE-20]

Amendment of Class E Airspace; Marshall Army Airfield, Fort

Riley, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The control tower at Marshall Army Airfield, Ft. Riley, KS,

has been closed and will not be operational in the foreseeable future.

With the closure of the control tower, the Class D surface area has

been removed. This action removes the Class E surface area extension

and establishes a new Class E surface area at Marshall Army Airfield,

Ft. Riley, KS. The new Class E surface area provides controlled

airspace to accommodate Instrument Flight Rules (IFR) operations. The

intended effect of this action is to contain IFR operations within

controlled airspace and to facilitate separation of aircraft operating

under instrument flight rules.

[[Page 2886]]

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-20, 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 control tower at Marshall Army Airfield,

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

foreseeable future. With the closure of the control tower, the Class D

surface area airspace has been removed. This action removes the Class E

surface area extension and establishes a new Class E surface area at

Marshall Army Airfield. The new Class E surface area provides

controlled airspace to accommodate IFR operations. The intended effect

of this action is to contain IFR operations within controlled airspace

and thereby facilitate separation of aircraft operating under

instrument flight rules. The area will be depicted on appropriate

aeronautical charts. Class E surface areas designated as an extension

to a Class D or Class E surface area are published in paragraph 6004,

and Class E airspace areas designated as a surface area for an airport

are published in paragraph 6002 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 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-regulated 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-20.'' 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 a 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 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 6002--Class E airspace areas designated as a surface area

for an airport

* * * * *

[[Page 2887]]

ACE KS E2 Fort Riley, KS [New]

Fort Riley, Marshall Army Airfield, KS

(lat. 39 deg.03'19''N., long. 96 deg.45'52''W.)

Junction City, Freeman Field, KS

(lat. 39 deg.02'36''N., long. 96 deg.50'36''W.)

Fort Riley VOR

(lat. 38 deg.58'13''N., long. 96 deg.51'40''W.)

Cavalry NDB

(lat. 39 deg.01'34''N., long. 96 deg.47'40''W.)

Within a 3.7-mile radius of Marshall Army Airfield and within

1.8 miles each side of the Fort Riley VOR 042 deg. radial extending

from the 3.7-mile radius of Marshall Army Airfield to the VOR and

within 1.8 miles each side of the 216 deg. bearing from Cavalry NDB

extending from the 3.7-mile radius of Marshall Army Airfield to 7

miles southwest of the NDB; excluding that airspace within R-3602B

and excluding that airspace within a 1-mile radius of the Junction

City, Freeman Field, KS. This Class E 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 6004--Class E airspace areas designated as an

extension to a Class D or Class E surface area

* * * * *

ACE KS E4 Fort Riley, KS [Removed]

* * * * *

Issued in Kansas City, MO, on November 13, 1997.

Christopher R. Blum,

Acting Manager, Air Traffic Division Central Region.

[FR Doc. 98-1231 Filed 1-16-98; 8:45 am]

BILLING CODE 4910-13-M