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Modification of Class E Airspace; Falls City, NE

Document Details

Information about this document as published in the Federal Register.

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Start Preamble

AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Direct final rule; request for comments.

SUMMARY:

An Area Navigation (RNAV) Global Positioning System (GPS) Runway (RWY) 14 ORIGINAL Standard Instrument Approach Procedure (SIAP) and an RNAV (GPS) RWY 32 ORIGINAL SIAP have been developed to serve Brenner Field, Falls City, NE. The Nondirectional Radio Beacon (NDB) A SIAP that serves Brenner Field has been amended. These actions require an expansion of Class E airspace extending upward from 700 feet above ground level (AGL) at Falls City, NE to contain aircraft executing the approach procedures. The Brenner Field airport reference point has been redefined and is incorporated into the legal description of Falls City, NE Class E airspace.

DATES:

This direct final rule is effective on 0901 UTC, September 4, 2003. Comments for inclusion in the Rules Docket must be received on or before July 10, 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-2003-15256/Airspace Docket No. 03-ACE-49; 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.

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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.

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SUPPLEMENTARY INFORMATION:

This amendment to 14 CFR 71 modifies the Class E airspace area at Falls City, NE. An RNAV (GPS) RWY 14 ORIGINAL SIAP and an RNAV (GPS) RWY 32 ORIGINAL SIAP have been developed to serve Brenner Field, Falls City, NE. The Nondirectional Radio Beacon (NDB) A SIAP that serves Brenner Field has been amended. These SIAPs require additional controlled airspace to contain aircraft executing the approach procedures. This action expands Class E airspace extending upward from 700 feet AGL at Falls City, NE. A review of the Falls City, NE Class E airspace revealed a discrepancy in the Falls City, Brenner Field, NE airport reference point. Class E controlled airspace at Falls City, NE is defined, in part, by the Brenner Field airport reference point. This action corrects the discrepancy between the previous and revised airport reference points by modifying the Falls City, NE Class E airspace area. It incorporates the revised Brenner Field airport reference point in the Class E airspace legal description and brings the 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 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. 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-2003-15256/Airspace Docket No. 03-ACE-49.” 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 12132.

The FAA has determined that this regulation is noncontroversial and unlikely to result in adverse 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.

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List of Subjects in 14 CFR Part 71

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Adoption of the Amendment

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Accordingly, the Federal Aviation Administration amends

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PART 71—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS

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1. The authority citation for part 71 continues to read as follows:

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Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

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[Amended]
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2. The incorporation by reference in

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Paragraph 6005Class E airspace areas extending upward from 700 feet or more above the surface of the earth.

* * * * *

ACE NE E5 Falls City, NE

Falls City, Brenner Field, NE

(Lat. 40°04′44″ N., long. 95°35′31″ W)

Brenner NDB

(Lat. 40°04′35″ N., long. 95°35′13″ W)

That airspace extending upward from 700 feet above the surface within a 6.4-mile radius of Brenner Field and within 2.6 miles each side of the 142° bearing from the Brenner NDB extending from the 6.4-mile radius to 7 miles southeast of the airport.

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Start Signature

Issued in Kansas City, MO, on May 23, 2003.

Donald F. Hensley,

Acting Manager, Air Traffic Division, Central Region.

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[FR Doc. 03-13540 Filed 5-29-03; 8:45 am]

BILLING CODE 4910-13-M