Remove Class D Airspace; Fort Leavenworth, KS

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98-ACE-44]

Remove Class D Airspace; Fort Leavenworth, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action will remove the Class D airspace area at Fort

Leavenworth, KS. The Control Tower at Fort Leavenworth, Sherman Army

Airfield, KS, has been closed and will not be operational in the

foreseeable future. The intended effect of this rule removes the Class

D surface area.

DATES: This direct final rule is effective on 0901 UTC, January 28,

1999.

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

before November 17, 1998.

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

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

Administration, Docket Number 98-ACE-44, 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 below.

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 Fort Leavenworth,

Sherman Army Air Field, KS, has been closed and will not be operational

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

Class D airspace area be removed.

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 flight 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

[[Page 57586]]

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-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 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. 98-ACE-44.'' 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'' when 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--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.

Sec. 71.1 [Amended]

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

Aviation Administration Order 7400.9F, Airspace Designations and

Reporting Points, dated September 10, 1998, and effective September 16,

1998, is amended as follows:

Paragraph 6005 Class D airspace

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ACE KS D Fort Leavenworth, KS [Removed]

* * * * *

Issued in Kansas City, MO, on September 18, 1998.

Jack L. Skelton,

Acting Manager, Air Traffic Division, Central Region.

[FR Doc. 98-26295 Filed 10-27-98; 8:45 am]

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