Revocation and Establishment of Class D; and Revocation, Establishment and Modification of Class E Airspace Areas; Olathe, Johnson County Industrial Airport, KS

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98-ACE-5]

Revocation and Establishment of Class D; and Revocation,

Establishment and Modification of Class E Airspace Areas; Olathe,

Johnson County Industrial Airport, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action revokes the Class D and Class E airspace areas

designated ``Olathe, Johnson County Industrial Airport, KS,'' and

establishes a Class D and a larger Class E airspace area in their place

designated ``Olathe, New Century Aircenter, KS.'' The name of the

Olathe, Johnson County Industrial Airport has been changed to Olathe,

New Century Aircenter. In order to rename the Class D and Class E areas

it is necessary to evoke the existing airspace designation, and to

reestablish the airspace under the new designation. This action also

increases the size of the Class E airspace area extending upward from

700 feet Above Ground Level (AGL). A revision to the Airport Reference

Point (ARP) coordinates is included in this document. This additional

controlled airspace is necessary to accommodate the criteria for

diverse departures as specified in FAA Order 7400.2D.

DATES: Effective date: 0901 UTC, June 18, 1998.

COMMENT DATE: Comments for inclusion in the Rules Docket must be

received on or before May 1, 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-5, 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: This amendment to 14 CFR 71 revokes the

Class D and Class E airspace at Olathe, Johnson County Industrial

Airport, KS, and reestablishes Class D and Class E airspace at Olathe,

New Century Aircenter, KS. The enlarged Class E airspace at Olathe, New

Century Aircenter will comply with the criteria in FAA Order 7400.2D

for diverse departures. The criteria in FAA Order 7400.2D for an

aircraft to reach 1,200 feet AGL, is based on a standard climb gradient

of 200 feet per mile, plus the distance from the ARP to the end of the

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

next higher tenth of a mile. The Class D and Class E areas also

indicate the new ARP and name. The enlarged Class E airspace at

[[Page 10759]]

New Century Aircenter, KS, will meet the criteria of FAA Order 7400.2D,

provide additional controlled airspace at and above 700 feet AGL, and

thereby facilitate separation of aircraft operating under Instrument

Flight Rules (IFR). The areas will be depicted on appropriate

aeronautical charts. Class D airspace areas are published in paragraph

5000, and Class E airspace areas extending upward from 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 areas designation 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 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 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 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-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.

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--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 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 Olathe, Johnson County Industrial Airport, KS [Remove]

ACE KS D Olathe, New Century Aircenter, KS [New]

Olathe, New Century Aircenter, KS

(Lat. 38 deg.49'51''N., long. 94 deg.53'25''W.)

Olathe, Johnson County Executive Airport, KS

(Lat. 38 deg.50'51''N., long. 94 deg.44'15''W.)

That airspace extending upward from the surface to and including

3,600 feet MSL within a 4.3-mile radius of New Century Aircenter,

excluding that airspace within the Johnson County Executive Airport,

KS, Class D airspace and excluding that airspace bounded on the

north by lat. 38 deg.49'30''N. and on the east by long.

94 deg.56'30''W. 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 6005 Class E airspace areas extending upward from 700

feet or more above the surface of the earth.

* * * * *

ACE KS E5 Olathe, Johnson County Industrial Airport, KS [Remove]

ACE KS E5 Olathe, New Century Aircenter, KS [New]

Olathe, New Century Aircenter, KS

(Lat. 38 deg.49'51''N., long. 954 deg.53'25''W.)

That airspace extending upward from 700 feet above the surface

of a 6.7-mile radius of New Century Aircenter.

* * * * *

[[Page 10760]]

Issued in Kansas City, MO, on February 3, 1998.

Christopher R. Blum,

Acting Manager, Air Traffic Division, Central Region.

[FR Doc. 98-5697 Filed 3-4-98; 8:45 am]

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