[Federal Register Volume 64, Number 170 (Thursday, September 2, 1999)]
[Rules and Regulations]
[Pages 48086-48088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22890]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Airspace Docket No. 99-ACE-41]
Amendment to Class E Airspace; Herrington, KS
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule; request for comments.
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SUMMARY: This action amends Class E airspace area at Herrington
Regional Airport, Herrington, KS. A review of the Class E airspace area
for Herrington Regional Airport indicates it does not comply with the
criteria for 700 feet Above Ground Level (AGL) airspace required for
diverse departures as specified in FAA Order 7400.2D. The Class E
airspace has been enlarged to conform to the criteria of FAA Order
7400.2D.
In addition, a minor revision to the Airport Reference Point (ARP)
coordinates is included in this document.
The intended effect of this rule is to provide additional
controlled Class E airspace for aircraft operating under Instrument
Flight Rules (IFR), revise the ARP, and comply with the criteria of FAA
Order 7400.2D.
DATES: Effective date: 0901 UTC, December 30, 1999.
Comments for inclusion in the Rules Docket must be received on or
before October 19, 1999.
ADDRESSES: Send comments regarding the rule in triplicate to: Manager
Airspace Branch, Air Traffic Division, ACE-520, Federal Aviation
Administration, Docket Number 99-ACE-41, 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
[[Page 48087]]
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 revises the
Class E airspace at Herrington, KS. A review of the Class E airspace
for Herrington Regional Airport, KS, indicates it does not meet the
criteria for 700 feet AGL airspace required for diverse departures as
specified in FAA Order 7400.2D. The criteria in FAA Order 7400.2D for
an aircraft to reach 1200 feet AGL is based on a standard climb
gradient of 100 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 amendment at Herrington Regional
Airport, KS, will provide additional controlled airspace for aircraft
operating under IFR, revise the ARP, and comply with the criteria of
FAA Order 7400.2D. The area will be depicted on appropriate
aeronautical charts. 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 7400.9F, dated September 10, 1998, and effective
September 16, 1998, which is incorporated by reference in 14 CFR 71.1.
The Class E airspace 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 anticipates 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 and be submitted in
triplicate to the address specified under the captain 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 of 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. 99-ACE-41.'' 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
governments 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 7400.9F, Airspace Designation and
Reporting Points, dated September 10, 1998, and effective September 16,
1998, is amended as follows:
Pargraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More above the Surface of the Earth.
* * * * *
ACE KS E5 Herrington, KS [Revised]
Herrington Regional Airport, KS
(Lat. 39 deg.41'54''N., long. 96 deg.48'29''W.)
Herrington NDB
(Lat. 38 deg.41'34''N., long. 96 deg.48'40''W.)
That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of Herrington Regional Airport and within
2.6 miles each side of the 010 deg.bearing from Herrington NDB
extending from the 6.6-mile radius to 7.4 miles north of the airport
and within 2.6 miles each side of the 168 deg. bearing from the
Herrington NDB extending from the 6.6-mile radius to 7.4 miles
southeast of the airport.
* * * * *
[[Page 48088]]
Issued in Kansas City, MO, on August 23, 1999.
Herman J. Lyons, Jr.,
Manager, Air Traffic Division, Central Region.
[FR Doc. 99-22890 Filed 9-1-99; 8:45 am]
BILLING CODE 4910-13-M
