[Federal Register Volume 63, Number 43 (Thursday, March 5, 1998)]
[Rules and Regulations]
[Pages 10758-10760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5697]
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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]
BILLING CODE 4910-13-M
