Federal Aviation Administration (FAA), DOT.
Direct final rule; request for comments.
This action amends Title 14 Code of Federal Regulations, part 71 (14 CFR part 71) by revising Class E airspace at Ulysses, KS in order to provide a safer Instrument Flight Rules (IFR) environment at Ulysses Airport, Ulysses, KS. The FAA has developed Area Navigation (RNAV) Global Positioning System (GPS) Runway (RWY) 12, ORIGINAL Standard Instrument Approach Procedure (SIAP); RNAV (GPS) RWY 17, ORIGINAL SIAP; RNAV (GPS) RWY 30, ORIGINAL SIAP; RNAV (GPS) RWY 35, ORIGINAL SIAP; and Nondirectional Radio Beacon (NDB) RWY 12, Amendment 3 SIAP to serve Ulysses Airport, Ulysses, KS. Additional controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to accommodate the SIAPs.
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.
This direct final rule is effective on 0901 UTC, February 20, 2003.
Comments for inclusion in the Rules Docket must be received on or before December 19, 2002.
Send comments regarding the rule in triplicate to: Manager, Airspace Branch, Air Traffic Division, ACE-520, DOT Regional Headquarters Building, Federal Aviation Administration, Docket Number 02-ACE-11, 901 Locust, 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 a.m. and 3 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.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Kathy Randolph, Air Traffic Division, Airspace Branch, ACE-520C DOT Regional Headquarters Building, Federal Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: (816) 329-2525.End Further Info End Preamble Start Supplemental Information
The FAA has developed RNAV (GPS) RWY 12, 17, 30 and 35, ORIGINAL SIAPs and NDB RWY 12, Amendments 3 SIAP to serve Ulysses Airport, Ulysses, KS. The amendment to Class E airspace at Ulysses, KS will provide additional controlled airspace and at and above 700 feet AGL in order to contain the new SIAPs within controlled airspace, and thereby facilitate separation of aircraft operating under IFR. 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 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 objectives. The amendment will enhance safety for all flight 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.
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 Start Printed Page 68758determining whether additional rulemaking action would be needed.
Comments are specifically invited on the overall regulatory, economic, 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 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. 02-ACE-11.” The postcard will be date stamped and returned to the commenter.
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.Start List of Subjects
List of Subjects in 14 CFR Part 71End List of Subjects
Adoption of the AmendmentStart Amendment Part
Accordingly, the Federal Aviation Administration amendsEnd Amendment Part Start Part
PART 71—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTSEnd Part Start Amendment Part
1. The authority citation for part 71 continues to read as follows:End Amendment Part
2. The incorporation by reference inEnd Amendment Part
Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth.
ACE KS E5 Ulysses, KS [Revised]
Ulysses Airport, KS
(Lat. 37°36′14″N., long. 101°22′24″W.)
(Lat. 37°35′50″N., long. 101°22′05″W.)
That airspace extending upward toward from 700 feet above the surface within a 6.8-mile radius of Ulysses Airport and within 1.0 mile each side of the 306° bearing from the Ulysses NDB extending from the 6.8-mile radius to 10.5 miles northwest of the airport.
Issued in Kansas City, MO, on October 28, 2002.
Herman J. Lyons, Jr.,
Manager, Air Traffic Division, Central Region.
[FR Doc. 02-28831 Filed 11-12-02; 8:45 am]
BILLING CODE 4910-13-M