[Federal Register Volume 63, Number 12 (Tuesday, January 20, 1998)]
[Rules and Regulations]
[Pages 2884-2885]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 98-1229]



[[Page 2884]]

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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.

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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

[[Page 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.


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 Manhattan, KS [Revised]

Manhattan Municipal Airport, KS
    (Lat. 30 deg.08'27''N, long. 96 deg.40'15''W)
Manhattan VOR/DME
    (Lat. 39 deg.08'44''N, long. 96 deg.40'07''W)
McDowell Creek NDB
    (Lat. 39 deg.07'03''N, long. 96 deg.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 deg.08'27''N, long. 96 deg.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 deg.08'27''N, long. 96 deg.40'15''W)
Manhattan VOR/DME
    (Lat. 39 deg.08'44''N, long. 96 deg.40'07''W)
McDowell Creek NDB
    (Lat. 39 deg.07'03''N, long. 96 deg.37'46''W)

    That airspace extending upward from the surface within 1.8 miles 
each side of the Manhattan VOR/DME 147 deg. 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 deg. 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 deg.08'27''N, long. 96 deg.40'15''W)
Manhattan VOR/DME
    (Lat. 39 deg.08'44''N, long. 96 deg.40'07''W)
McDowell Creek NDB
    (Lat. 39 deg.07'03''N, long. 96 deg.37'46''W)
HATAN OM
    (Lat. 39 deg.03'30''N, long. 96 deg.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 deg. 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 deg. 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 deg. 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