[Federal Register: March 31, 2003 (Volume 68, Number 61)]
[Rules and Regulations]
[Page 15348-15349]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr03-9]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2003-14352; Airspace Docket No. 00-AGL-25]
Modification of Class E Airspace; Hazen, ND
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action modifies Class E airspace at Hazen, ND. An Area
Navigation (RNAV) Standard Instrument Approach Procedure (SIAP) to
Runway 14, and an RNAV SIAP to Rwy 32 have been developed for Mercer
County Regional Airport. Controlled airspace extending upward from 700
feet or more above the surface is needed to contain aircraft executing
these approaches. This action increases the size of the existing Class
E airspace for Hazen, ND.
EFFECTIVE DATE: 0901 UTC, May 15, 2003.
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.
SUPPLEMENTARY INFORMATION:
History
On Friday, October 6, 2000, the FAA proposed to amend 14 CFR part
71 to modify Class E airspace at Hazen, ND (65 FR 59763). The proposal
was to modify controlled airspace extending upward from 700 feet above
the surface to contain aircraft executing instrument approach
procedures.
Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
Nineteen (19) commenters responded to this proposed airspace action.
All nineteen (19) were objections, and were based on concerns dealing
with the need for, or objecting to, added regulations and restrictions.
The following concerns were raised:
A. Added FAA rules and regulations are unnecessary and unwanted in
this region.
Of the nineteen (19) commenters, ten (10) stated they wanted no
more restrictions imposed on their ability to conduct VFR flight.
B. The expansion of Class E airspace would limit the ability for
VFR flight.
Of the nineteen (19) commenters, seventeen (17) felt this would
adversely affect aviation, quality of life, and the economy. No
specifics as to the impact on the economy were documented.
C. The expansion of Class E airspace will reduce safety.
Of the nineteen (19) commenters, eight (8) stated that expanding
the overall Class E airspace as proposed, would cause an increase in
flights where radar coverage is limited, thus reducing safety. All of
these comments were considered and evaluated. They are responded to as
follows:
In reference to concern A:
The increase in the area of Class E airspace, is necessary to
ensure IFR aircraft are protected from VFR aircraft, while conducting
instrument approach procedures. This is accomplished by requiring
higher reported visibility in order to conduct VFR flight within the
Class E airspace. The transition from Class G to Class E airspace, will
require. increased visibility only for VFR flight above 1200 feet AGL.
VFR flight visibility requirements for flights below this altitude
remain unchanged. Cloud distance requirements for VFR flights also
remain unchanged. In addition, there are only three (3) relatively
small areas that will transition from Class G to Class E airspace.
Unless a VFR flight was conducted exclusively in these three (3)
existing areas of Class G airspace, the higher visibility requirements
already exist. This is because they are surrounded by existing Class E
airspace. The added restrictions are minimal.
In reference to concern B:
Although in certain areas the visibility requirements for VFR
flight will increase, flight under VFR conditions is not prohibited.
The comments on adversely affecting quality of life, and the economy
are undefined, and beyond the scope of this airspace action.
In reference to concern C:
Establishing or modifying Class E airspace does not automatically
lead to increased aircraft operations. Radar coverage in this area has
no bearing or impact on IFR flights conducted in this airspace because
aircraft are separated and protected by ATC non-radar procedures.
Separation and protection between IFR and VFR aircraft is accomplished
by visibility requirements for the VFR aircraft. Safety would actually
be enhanced as a result of the larger radius of protected airspace
surrounding Mercer County Airport.
Class E airspace designation for areas extending upward from 700
feet or more above the surface of the earth are published in paragraph
6005 of FAA Order 7400.9K dated August 30, 2002, and effective
September 16, 2002, 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.
The Rule
This amendment to 14 CFR part 71 modifies Class E airspace at
Hazen, ND, to accommodate aircraft executing instrument flight
procedures into and out of Mercer County Regional Airport. The area
will be depicted on appropriate aeronautical charts.
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.
Therefore, this 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 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
0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:
[[Page 15349]]
PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS
0
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 95665, 3 CFR, 1959-1963 Comp., p. 389.
Sec. 71.1 [Amended]
0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9K, Airspace Designations and
Reporting Points, dated August 30, 2002, and effective September 16,
2002, 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 Hazen, ND [Revised]
Hazen, Mercer County Regional Airport, ND
(Lat. 47[deg]17'24'' N, long. 101[deg]34'51'' W)
Dickinson VORTAC
(Lat. 46[deg]51'36'' N, long. 102[deg]46'25'' W)
Williston VORTAC
(Lat. 48[deg]15'12'' N, long. 103[deg]45'02'' W)
That airspace extending upward from 700 feet above the surface
within a 10.0-mile radius of the Mercer County Regional Airport, and
that airspace extending upward from 1200 feet above the surface
bounded on the northwest by a line beginning at V439, thence
counterclosckwise along the Williston VORTAC 60.0-mile radius V71,
thence northwest along V71 to the Williston VORTAC 39.2-mile radius
to the 48[deg]00'00'' N. latitude, on the north by the lat.
48[deg]00'00'' N., on the east by the long. 100[deg]44'02'' W., on
the southeast by V169, on the south by lat. 46[deg]10'00'' N., on
the southwest by a line from 46[deg]10'00'' N., long.
102[deg]24'00'' W., to lat. 46[deg]20'00'' N., long. 102[deg]44'00''
W., on the west by V491, thence east along V2 to the Dickinson
VORTAC 25.2-mile radius, thence counterclockwise along the Dickinson
VORTAC 25.2-mile radius to V439, thence to the point of beginning,
excluding that airspace within the Minot AFB, ND, Dickinson, ND, and
Bismarck, ND, Class E airspace areas, and excluding all Federal
Airways.
* * * * *
Issued in Des Plaines, Illinois, on March 5, 2003.
Richard K. Peterson
Assistant Manager, Air Traffic Division, Great Lakes Region.
[FR Doc. 03-7662 Filed 3-28-03; 8:45 am]
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