[Federal Register: March 31, 2003 (Volume 68, Number 61)]
[Rules and Regulations]
[Page 15343-15345]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr03-5]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2003-14195; Airspace Docket No. 03-ACE-1]
Modification of Class E Airspace; Fairmont, NE
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule; request for comments.
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SUMMARY: This action amends Title 14 Code of Federal Regulations, part
71 (14 CFR part 71) by revising the Fairmont, NE Class E airspace. It
increases the size of the Class E airspace area extending upward from
700 feet above the surface of the earth to accommodate new and amended
Standard Instrument Approach Procedures (SIAPs) developed for Fairmont
State Airfield, Fairmont, NE. This action also modifies the Fairmont,
NE Class E airspace, and its legal description, by incorporating
[[Page 15344]]
the updated Fairmont State Airfield airport reference point.
The intended effect of this rule is to provide controlled Class E
airspace for aircraft executing an SIAP and to segregate aircraft using
instrument approach procedures in instrument conditions from aircraft
operating in visual conditions.
DATES: This direct final rule is effective on 0901 UTC, July 10, 2003.
Comments for inclusion in the rules Docket must be received on or
before May 1, 2003.
ADDRESSES: Send comments on this proposal to the Docket Management
System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh
Street, SW., Washington, DC 20590-0001. You must identify the docket
number FAA-2003-14195/Airspace Docket no. 03-ACE-1, at the beginning of
your comments. You may also submit comments on the Internet at http://dms.dot.gov.
You may review the public docket containing the proposal,
any comments received, and any final disposition in person in the
Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The Docket Office (telephone 1-800-647-5527) is on
the plaza level of the Department of Transportation NASSIF Building at
the above address.
FOR FURTHER INFORMATION CONTACT: Brenda Mumper, Air Traffic Division,
Airspace Branch, ACE-520A, DOT Regional Headquarters Building, Federal
Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone:
(816) 329-2524.
SUPPLEMENTARY INFORMATION: This amendment to 14 CFR 71 modifies the
Class E airspace area extending upward from 700 feet above the surface
at Fairmont, NE in order to provide a safer Instrument Flight Rules
(IFR) environment at Fairmont State Airfield, Fairmont, NE. The FAA has
developed Area navigation (RNAV) Global Positioning System (GPS) Runway
(RWY) 17, ORIGINAL SIAP; RNAV (GPS RWY 35, ORIGINAL SIAP;
Nondirectional Radio Beacon (NDB) RWY 17, Amendment 1 SIAP and NDB RWY
35, Amendment 2 SIAP to serve Fairmont State Airfield, Fairmont, NE.
Additional controlled airspace extending upward from 700 feet Above
Ground Level (AGL) is needed to accommodate the SIAPs. This amendment
also modifies the Fairmont, NE Class E airspace by incorporating the
current Fairmont State Airfield, NE airport reference point and
deleting reference to Beklof NDB, NE in the legal description. These
actions bring the legal description of this airspace area into
compliance with FAA Order 7400.2E, Procedures for Handling Airspace
Matters. The area will 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
7400.9K, dated August 30, 2002, and effective September 16, 2002, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation 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 command 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. 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
Interested parties are invited to participate in this 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
both docket numbers and be submitted in triplicate to the address
listed above. Commenters wishing the FAA to acknowledge receipt of
their comments on this notice must submit with those comments a self-
addressed, stamped postcard on which the following statement is made:
``Comments to Docket No. FAA-2003-14195/Airspace Docket No. 03-ACE-1.''
The postcard will be date/time stamped and returned to the commenter.
Agency Findings
The regulations adopted herein will not have a substantial direct
effect 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, it
is determined that this final rule does not have federalism
implications under Executive Order 13132.
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
0
Accordingly, the Federal Aviation Administration amends 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
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 9565, 3 CFR, 1959-1963 Comp., p. 389
Sec. 71.1 [Amended]
0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9K, 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.
* * * * *
ACE NE E5 Fairmont, NE
Fairmont State Airfield, NE
(Lat 40[deg]35[min]10[sec]N., long. 97[deg]34[min]23[sec]W.)
[[Page 15345]]
That airspace extending upward from 700 feet above the surface
within a 7-mile radius of the Fairmont State Airfield, NE
* * * * *
Issued in Kansas City, MO on March 11, 2003.
Paul J. Sheridan,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 03-7674 Filed 3-28-03; 8:45 am]
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