Establishment of Class E Airspace; Fergus Falls, MN

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98-AGL-6]

Establishment of Class E Airspace; Fergus Falls, MN

AGENCY: Federal Aviation Administration,(FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace at Fergus Falls, MN.

Fergus Falls Municipal Airport-Einar Mickelson Field will be served by

Federal Aviation Regulations Part 121 (14 CFR Part 121) air carrier

operations. Controlled airspace extending upward from the surface is

needed to allow the FAA to provide air traffic control services for

aircraft executing instrument approach procedures. The airport meets

the minimum communications and weather observation and reporting

requirements for controlled airspace extending upward from the surface.

EFFECTIVE DATE: 0901 UTC, August 13, 1998.

FOR FURTHER INFORMATION CONTACT:

Michelle M. Behm, Air Traffic Division, Airspace Branch, AGL-520,

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

Illinois 60018, telephone (847) 294-7568.

SUPPLEMENTARY INFORMATION:

History

On Thursday, March 12, 1998, the FAA proposed to amend 14 CFR part

71 to establish Class E airspace at Fergus Falls, MN (63 FR 12047). The

proposal was to add controlled airspace extending upward from the

surface 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.

After the close of the comment period, but prior to issuance of the

Final Rule, one letter of objection, with several signatories, was

received in response to this airspace proposal. The letter is addressed

herein. The basis of the objection was the anticipated adverse effect

the proposed action would have regarding instructional flights for hire

when the existing or forecast weather conditions are below visual

flight rule (VFR) minimums. The introduction of Part 121 air carrier

operations, anticipated to be a low daily number, require the highest

level of safety be afforded all users of the airport to accommodate the

increased IFR operations. When the existing or forecast weather

conditions are below visual flight rule (VFR) minimums, special VFR

operations may be conducted under the weather minimums and requirements

of 14 CFR 91.157 within the airspace contained by the upward extension

of the lateral boundaries of the controlled airspace designated to the

surface for an airport. Therefore, while the proposed action would

result in added requirements for operation under special VFR, the

increased level of safety afforded to all users of the airport by the

creation of the Class E surface area, because of the introduction of

Part 121 air carrier operations, far outweighs the minor inconvenience

of meeting those requirements.

Class E airspace designations for airspace designated as a surface

area 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

designation listed in this document will be published subsequently in

this Order.

The Rule

This amendment to 14 CFR part 71 establishes Class E airspace at

Fergus Falls, MN, to accommodate aircraft executing instrument approach

procedures at Fergus Falls Municipal Airport-Einar Mickelson Field. The

proposed introduction of FAR Part 121 (14 CFR Part 121) air carrier

operations necessitates creation of this controlled airspace. The area

would be depicted on appropriate aeronautical charts.

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.

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--DESIGNATION 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 the 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 designated as surface areas.

* * * * *

[[Page 30590]]

AGL MN E2 Fergus Falls, MN [New]

Fergus Falls Municipal Airport-Einar Mickelson Field, MN

(Lat. 46 deg.17'04''N., long. 96 deg.09'24''W.)

Fergus Falls VOR/DME

(Lat. 46 deg.17'21''N., long. 96 deg.09'24''W.)

Within a 4.1-mile radius of the Fergus Falls Municipal Airport-

Einar Mickelson Field and within 2.4 miles each side of the Fergus

Falls VOR/DME 300 deg. radial extending from the 4.1-mile radius of

the Fergus Falls Municipal Airport-Einar Mickelson Field to 7.0

miles northwest of the Fergus Falls VOR/DME, and within 2.4 miles

each side of the Fergus Falls VOR/DME 185 deg. radial extending from

the 4.1-mile radius of the Fergus Falls Municipal Airport-Einar

Mickelson Field to 7.0 miles south of the Fergus Falls VOR/DME.

* * * * *

Issued in Des Plaines, Illinois on May 22, 1998.

Maureen Woods,

Manager, Air Traffic Division.

[FR Doc. 98-15048 Filed 6-4-98; 8:45 am]

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