[Federal Register Volume 62, Number 63 (Wednesday, April 2, 1997)]
[Rules and Regulations]
[Pages 15603-15604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8369]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71

[Airspace Docket No. 97-AGL-11]


Modification of Class E Airspace Areas

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This action modifies Class E airspace areas at Minot, ND. 
Presently, these areas are designated as Class D airspace when the 
associated control tower is in operation. However, controlled airspace 
to the surface is needed when the control towers located at these areas 
are closed. The intended effect of this action is to provide adequate 
Class E airspace for instrument flight rule (IFR) operations when these 
control towers are closed.

DATES: Effective date: 0901 UTC, May 22, 1997. Comment date: Comments 
must be received on or before April 15, 1997.

ADDRESSES: Send comments on the rule in triplicate to: Manager, Air 
Traffic Division, Operations Branch, AGL-530, Docket No. 97-AGL-11, 
Federal Aviation Administration, 2300 East Devon Avenue, Des Plaines, 
Illinois 60018.
    The official docket may be examined in the office of the Assistant 
Chief Counsel, Federal Aviation Administration, 2300 E. Devon Avenue, 
Des Plaines, Illinois. An informal docket may also be examined during 
normal business hours at the address listed above.

FOR FURTHER INFORMATION CONTACT:
John A. Clayborn, Air Traffic Division, Operations Branch, AGL-530, 
Federal Aviation Administration, 2300 East Devon Avenue, Des Plaines, 
Illinois 60018, telephone (847) 294-7568.

SUPPLEMENTARY INFORMATION: 

Request for Comments on the Rule

    Although this action is in the form of a final rule, and was not 
preceded by notice and public procedure, comments are invited on the 
rule. When the comment period ends, the FAA will use the comments 
submitted, together with other available information, to review the 
regulation. If the FAA receives no adverse comments in response to this 
action, this rule will become effective on the date specified in the 
DATES section. After the review, if the FAA finds that further chances 
are appropriate, it will initiate rulemaking proceedings to amend the 
regulation.
    Comments that provide the factual basis supporting the views and 
suggestions presented are particularly

[[Page 15604]]

helpful in evaluating the effects of the rule, and in determining 
whether additional rulemaking is required. Comments are specifically 
invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the rule which might 
suggest the need to modify the rule.

The Rule

    This amendment to part 71 of the Federal Aviation Regulations 
establishes Class E airspace areas at Minot, ND. Currently, this 
airspace is designated as Class D when the associated control tower is 
in operation. Nevertheless, controlled airspace to the surface is 
needed for IFR operations at Minot International Airport, Minot, ND, 
when the control towers are closed. The intended effect of this action 
is to provide adequate Class E airspace for IFR operations at these 
airports when these control towers are closed. As noted in the Airspace 
Reclassification Final Rule, published in the Federal Register on 
December 17, 1991, airspace at an airport with a part-time control 
tower should be designated as a Class D airspace area when the control 
tower is in operation, and as a Class E airspace area when the control 
tower is closed (56 FR 65645).
    The coordinates for this airspace docket are based on North 
American Datum 83. Class E airspace areas designated as surface areas 
for airports are published in Paragraph 6002 of FAA order 7400.9D dated 
September 4, 1996, and effective September 16, 1996, which is 
incorporated by reference in 14 CFR 71.1. The Class E airspace 
designations listed in this document will be published subsequently in 
the Order. Under the circumstances presented, the FAA concludes that 
there is an immediate need to establish these Class E airspace areas in 
order to promote the safe and efficient handling of air traffic in 
these areas. Therefore, I find that notice and public procedures under 
5 U.S.C. 553(b) are impracticable and contrary to the public interest.
    The FAA has determined that this regulation only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
It, therefore--(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 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).

Adoption of the Amendment

    In consideration of the foregoing, 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; 14 CFR 11.69.


Sec. 71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9D, Airspace Designations and 
Reporting Points, dated September 4, 1996, and effective September 16, 
1996, is amended as follows:

Paragraph 6002  Class E airspace areas designated as a surface area 
for an airport

* * * * *

AGL ND E4  Minot, ND [Revised]

Minot International Airport, ND
    (Lat. 48 deg.15'34'' N., long. 101 deg.17'14'' W.)

    That airspace extending upward from the surface within 3.5 miles 
each side of the Minot VORTAC 129 deg. radial extending from the 
4.2-mile radius of Minot International Airport to 7 miles southeast 
of the VORTAC and within 3.5 miles each side of the Minot VORTAC 
260 deg. radial, extending from the 4.2-mile radius of the airport 
to 7 miles west of the VORTAC and within 3.5 miles each side of the 
Minot VORTAC 327 deg. radial, extending from the 4.2-mile radius of 
the airport to 7 miles northwest of the VORTAC and within 3.5 miles 
each side of the Minot VORTAC 097 deg. radial, extending from the 
4.2-mile radius to 7 miles east of the VORTAC, excluding the portion 
which overlies the Minot AFB, ND, Class D airspace area. This Class 
E airspace area is effective during the specific dates and times 
established in advance by a Notice to Airmen. The effective dates 
and times will thereafter be continuously published in the Airport/
Facility Directory.
* * * * *
    Issued in Des Plaines, Illinois on March 19, 1997.
Maureen Woods,
Manager, Air Traffic Division.
[FR Doc. 97-8369 Filed 4-1-97; 8:45 am]
BILLING CODE 4910-13-M