2884 Federal Register / Vol. 63, No. 12 / Tuesday, January 20, 1998 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97–ACE–21]

Amendment to Class D and Class E

Airspace Areas; Manhattan, KS

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule; request for

comments.

SUMMARY: This action establishes a new

Class E surface area for the Manhattan

Municipal Airport, Manhattan, KS, and

changes the times of designation for the

Manhattan, KS, Class E surface area

extensions from part-time to full-time.

The Class E surface area and surface

area extensions are necessary to

accommodate Instrumental Flight Rules

(IFR) operations during periods when

the airport traffic control tower (ATCT)

is closed. This action also makes

editorial amendments to the legal

description of the Manhattan, KS, Class

D airspace area, but does not change the

dimensions or operating requirements of

the Class D airspace area. This change

was made necessary by the recent

conversion of the adjacent Class D

airspace area at Marshall Army Airfield,

Ft. Riley, KS, to a Class E surface area.

This action also modifies the Class E

airspace area extending upward from

700 feet above ground (AGL) at

Manhattan, KS, by increasing the radius

of the area from 6 nautical miles (NM)

to 6.7 NM. A review of the airspace at

Manhattan, KS, indicated that the 700

AGL area did not meet the requirements

of FAA Order 7400.2D.

DATES: Effective date: 0901 UTC, April

23, 1998.

Comments for inclusion in the Rules

Docket must be received on or before

February 19, 1998.

ADDRESSES: Send comments regarding

the rule in triplicate to: Manager,

Airspace Branch, Air Traffic Division,

ACE–520, Federal Aviation

Administration, Docket Number 97–

ACE–21, 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: The Class

D airspace area at Marshall Army

Airfield, Ft. Riley, KS, has been

removed and a new Class E surface area

established, which requires an editorial

amendment to the Class D airspace at

Manhattan Municipal Airport,

Manhattan, KS. The reference to Class D

airspace for Ft. Riley in the Manhattan

Class D airspace description has been

changed to Class E.

There are Part 135 operations at

Manhattan Municipal Airport when the

control tower is closed. A revision to the

Class E surface area extension changes

the status from part-time to full time. A

new Class E surface area has been

developed. The new Class E surface area

and Class E surface area extension will

provide controlled airspace for Part 135

and IFR operations when the control

tower is closed.

A review of the airspace for

Manhattan Municipal Airport indicates

it does not meet the criteria for 700 feet

AGL Class E airspace 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 200 feet per

mile, plus the distance to the end of the

outermost runway. Any fractional part

of a mile is converted to the next higher

tenth of a mile increment. The Class E

airspace at the above 700 feet has been

enlarged to conform to the criteria in

FAA Order 7400.2D.

The intended effect of this rule is to

contain Part 135 and IFR operations

within controlled airspace and to

facilitate separation of aircraft operating

under IFR conditions. The area will be

depicted on appropriate aeronautical

charts.

Class D airspace areas are published

in paragraph 5000, Class E airspace

areas designated as an extension to a

Class D or Class E surface area are

published in paragraph 6004, Class E

airspace areas designated as a surface

area for an airport are published in

paragraph 6002, and Class E areas

extending upward from the 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 designations 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

fight 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 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

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,

aeronautical, 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
Federal Register / Vol. 63, No. 12 / Tuesday, January 20, 1998 / Rules and Regulations 2885

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. 97–ACE–21.’’ 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—DESIGNATIONS 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 [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 Manhattan, KS [Revised]

Manhattan Municipal Airport, KS

(Lat. 30°08′27′′N, long. 96°40′15′′W)

Manhattan VOR/DME

(Lat. 39°08′44′′N, long. 96°40′07′′W)

McDowell Creek NDB

(Lat. 39°07′03′′N, long. 96°37′46′′W)

That airspace extending upward from the

surface to and including 3,600 feet MSL

within a 4.2-mile radius of Manhattan

Municipal Airport, excluding that airspace

within the Fort Riley, Marshall Army

Airfield, KS, Class E airspace area and

excluding that airspace within Restricted

Area R–3602B. 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 6002 Class E airspace areas

designated as a surface area for an airport

* * * * *

ACE KS E2 Manhattan, KS [New]

Manhattan Municipal Airport, KS

(Lat. 39°08′27′′N, long. 96°40′15′′W)

Within a 4.2-mile radius of Manhattan

Municipal Airport, excluding that airspace

within the Fort Riley, Marshall Army

Airfield, Class E airspace area and excluding

that airspace within Restricted Area R–

3602B.

* * * * *

Paragraph 6004 Class E airspace areas

designated as an extension to a Class D or

Class E surface area

* * * * *

ACE KS E4 Manhattan, KS [Revised]

Manhattan Municipal Airport, KS

(Lat. 39°08′27′′N, long. 96°40′15′′W)

Manhattan VOR/DME

(Lat. 39°08′44′′N, long. 96°40′07′′W)

McDowell Creek NDB

(Lat. 39°07′03′′N, long. 96°37′46′′W)

That airspace extending upward from the

surface within 1.8 miles each side of the

Manhattan VOR/DME 147° radial extending

from the 4.2-mile radius of the Manhattan

Municipal Airport to 9.5 miles SE of the

VOR/DME and within 1.8 miles northeast

and 2.6 miles southwest of the 127° bearing

from the McDowell Creek NDB extending

from the NDB to 8.7 miles southeast of the

NDB.

* * * * *

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth

* * * * *

ACE KS E5 Manhattan, KS [Revised]

Manhattan Municipal Airport, KS

(Lat. 39°08′27′′N, long. 96°40′15′′W)

Manhattan VOR/DME

(Lat. 39°08′44′′N, long. 96°40′07′′W)

McDowell Creek NDB

(Lat. 39°07′03′′N, long. 96°37′46′′W)

HATAN OM

(Lat. 39°03′30′′N, long. 96°45′35′′W)

That airspace extending upward from 700

feet above the surface within a 6.7-mile

radius of the Manhattan Municipal Airport

and within 3.5 miles each side of the 046°

radial of the Manhattan VOR/DME extending

from the 6.7 mile radius to 9.5 miles

northeast of the VOR/DME and within 1.8

miles northeast and 2.6 miles southwest of

the 126° bearing from McDowell Creek NDB

extending from the 6.7-mile radius to 9.5

miles southeast of the NDB and within 3.5

miles each side of the 147° radial of the

Manhattan VOR/DME extending from the

6.7-mile radius to 9.6 miles southeast of the

VOR/DME and within 6 miles each side of

the Manhattan ILS localizer course extending

from the 6.7-mile radius to 8 miles southwest

of the HATAN OM and within 2.6 miles each

side of the Manhattan localizer course

extending from the HATAN OM to 14 miles

southwest of the HATAN OM; excluding that

airspace within the boundaries of Restricted

Areas R–3602A and R–3602B.

* * * * *

Issued in Kansas City, MO, on November

6, 1997.

Christopher R. Blum,

Acting Manager, Air Traffic Division, Central

Region.

[FR Doc. 98–1229 Filed 1–16–98; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97–ACE–20]

Amendment of Class E Airspace;

Marshall Army Airfield, Fort Riley, KS

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule; request for

comments.

SUMMARY: The control tower at Marshall

Army Airfield, Ft. Riley, KS, has been

closed and will not be operational in the

foreseeable future. With the closure of

the control tower, the Class D surface

area has been removed. This action

removes the Class E surface area

extension and establishes a new Class E

surface area at Marshall Army Airfield,

Ft. Riley, KS. The new Class E surface

area provides controlled airspace to

accommodate Instrument Flight Rules

(IFR) operations. The intended effect of

this action is to contain IFR operations

within controlled airspace and to

facilitate separation of aircraft operating

under instrument flight rules.