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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 71
          - [Airspace Docket No. 00-AGL-26] 

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Notice of proposed rulemaking. 

# SUMMARY:

This action proposes to establish Class E airspace at Kenmare, ND. An Area Navigation (RNAV) Standard Instrument Approach Procedure (SIAP) to Runway 26 has been developed for Kenmare Municipal Airport. Controlled airspace extending upward from 700 feet above the surface is needed to contain aircraft executing this approach. This action would create Class E airspace for Kenmare, ND.

# DATES:

Comments must be received on or before December 1, 2000.

# ADDRESSES:

Send comments on the proposal in triplicate to: Federal Aviation Administration, Office of the Regional Counsel, AGL-7, Rules Docket No. 00-AGL-26, 2300 East Devon Avenue, Des Plaines, Illinois 60018.

The official docket may be examined in the Office of the Regional Counsel, Federal Aviation Administration, 2300 East Devon Avenue, Des Plaines, Illinois. An informal docket may also be examined during normal business hours at the Air Traffic Division, Airspace Branch, Federal Aviation Administration, 2300 East Devon Avenue, Des Plaines, Illinois.

# FOR FURTHER INFORMATION CONTACT:

                        Denis C. Burke, Air Traffic Division, Airspace Branch, AGL-520, Federal Aviation Administration, 2300 East Devon Avenue, Des Plaines, Illinois 60018, telephone (847) 294-7568.                              ( print page 62656)    

# SUPPLEMENTARY INFORMATION:

 

## Comments Invited

Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify the airspace docket number and be submitted in triplicate to the address listed above.

Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Airspace Docket No. 00-AGL-26.” The postcard will be date/time stamped and returned to the commenter. All communications received on or before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this action may be changed in light of comments received. 

All comments will be available for examination in the Rules Docket, FAA, Great Lakes Region, Office of the Regional Counsel, 2300 East Devon Avenue, Des Plaines, Illinois, both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket.

## Availability of NPRM's

Any person may obtain a copy of this Notice of Proposed Rulemaking (NPRM) by submitting a request to the Federal Aviation Administration, Office of Public Affairs, Attention: Public Inquiry Center, APA-230, 800 Independence Avenue, SW., Washington, DC 20591, or by calling (202) 267-3484. Communications must identify the docket number of this NPRM. Persons interested in being placed on a mailing lists for future NPRM's should also request a copy of Advisory Circular No. 11-2A, which describes the application procedure.

## The Proposal

The FAA is considering an amendment to 14 CFR part 71 to establish Class E airspace at Kenmare, ND, by creating Class E airspace for Kenmare Municipal Airport. Controlled airspace extending upward from 700 feet above the surface is needed to contain aircraft executing instrument approach procedures. The area would 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 7400.9H dated September 1, 2000, and effective September 16, 2000, which is incorporated by reference in 14 CFR 71.1. The Class E designations listed in this document would be published subsequently in the Order.

The FAA has determined that this proposed regulation only involves an establishment body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this proposed 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 proposed 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)

## The Proposed Amendment

Accordingly, pursuant to the authority delegated to me, the Federal Aviation Administration proposes to amend 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.

§ 71.1

2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9H, Airspace Designations and Reporting Points, dated September 1, 2000, and effective September 16, 2000, is amended as follows:

* * * * *

### Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth.

* * * * *

## AGL ND E5 Kenmare, ND [New]

Kenmare Municipal Airport, ND

(Lat. 48°40′03″ N, long. 102°02′51″ W)

That airspace extending upward from 700 feet above the surface within a 6.3-mile radius of the Kenmare Municipal Airport, and that airspace extending upward from 1200 feet above the surface beginning at lat. 49°00′00″ N., long. 103°00′00″ W., to lat. 48°30′00″ N., long. 103°00′00″ W., to lat. 48°30′00″ N., long. 101°00′00″ W., to lat. 49°00′00″ N., long. 101°00′00″ W., thence to the point of beginning, excluding that airspace within the Minot AFB, ND,  Mohall, ND, and Tioga, ND, Class E airspace areas.

* * * * *

Issued in Des Plaines, Illinois on October 2, 2000.

Christopher R. Blum,

Manager, Air Traffic Division, Great Lakes Region.

[FR Doc. 00-26824 Filed 10-18-00; 8:45 am]

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