[Federal Register Volume 60, Number 211 (Wednesday, November 1, 1995)]
[Proposed Rules]
[Pages 55498-55501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26994]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71

[Airspace Docket No. 95-AWA-7]


Proposed Modification of the Offutt AFB, Class C Airspace Area; 
Nebraska

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This proposed rule would modify the Class C airspace area at 
Offutt Air Force Base (AFB), NE. This proposal would delete the 1-mile 
airspace exclusion around the South Omaha Airport, due to its closure, 
and return this airspace to the surface area of the Class C airspace. 
In addition, this proposed rule would reduce controller workload.

DATES: Comments must be received on or before December 15, 1995.

ADDRESSES: Send comments on the proposal in triplicate to: Federal 
Aviation Administration, Office of the Chief Counsel, Attention: Rules 
Docket [AGC-200], Airspace Docket No. 95-AWA-7, 800 Independence 
Avenue, SW., Washington, DC 20591.
    The official docket may be examined in the Rules Docket, Office of 
the Chief Counsel, Room 916, weekdays, except Federal holidays, between 
8:30 a.m. and 5:00 p.m.
    An informal docket may also be examined during normal business 
hours at the office of the Regional Air Traffic Division.

FOR FURTHER INFORMATION CONTACT: William C. Nelson, Airspace and 

[[Page 55499]]
Obstruction Evaluation Branch (ATP-240), Airspace-Rules and 
Aeronautical Information Division, Air Traffic Rules and Procedures 
Service, Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591; telephone: (202) 267-9295.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed 
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 the airspace docket number 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 Airspace Docket No. 95-
AWA-7.'' The postcard will be date/time stamped and returned to the 
commenter. All communications received on or before the specified 
closing date for comments will be considered before taking action on 
the proposed rule. The proposal contained in this notice may be changed 
in light of comments received. All comments submitted will be available 
for examination in the Rules Docket both before and after the closing 
date for comments. A report summarizing each substantive public contact 
with FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRM's

    Any person may obtain a copy of this Notice of Proposed Rulemaking 
(NPRM) by submitting a request to the Federal Aviation Administration, 
Office of Public Affairs, Attention: Public Inquiry Center, APA-220, 
800 Independence Avenue, SW., Washington, DC 20591, or by calling (202) 
267-3485. Communications must identify the notice number of this NPRM. 
Persons interested in being placed on a mailing list for future NPRM's 
should also request a copy of Advisory Circular No. 11-2A, which 
describes the application procedure.

The Proposal

    The FAA is considering an amendment to part 71 of the Federal 
Aviation Regulations (14 CFR part 71) to modify the Class C airspace 
area at Offutt AFB, NE. The proposed modification would eliminate the 
1-mile airspace exclusion around South Omaha Airport due to its 
closure. The intended effect of this proposal is to return this 
airspace to the surface area of the established Class C airspace area. 
Additionally, this proposed rule would reduce controller workload. The 
coordinates for this airspace docket are based upon North American 
Datum 83. Class C airspace designations are published in paragraph 4000 
of FAA Order 7400.9C dated August 17, 1995, and effective September 16, 
1995, which is incorporated by reference in 14 CFR 71.1. The Class C 
airspace designation listed in this document would be subsequently 
published in the Order.

Regulatory Evaluation Summary

    Proposed changes to Federal regulations must undergo several 
economic analyses. First, Executive Order 12866 directs that each 
Federal agency shall propose or adopt a regulation only upon a reasoned 
determination that the benefits of the intended regulation justify its 
costs. Second, the Regulatory Flexibility Act of 1980 requires agencies 
to analyze the economic effect of regulatory changes on small entities. 
Third, the Office of Management and Budget directs agencies to assess 
the effect of regulatory changes on international trade. In conducting 
these analyses, the FAA has determined that this Notice of Proposed 
Rulemaking (NPRM) is not ``a significant regulatory action'' as defined 
in the Executive Order and the Department of Transportation Regulatory 
Policies and Procedures.
    This NPRM would modify the Class C airspace area at Offutt AFB, NE. 
This proposal would delete the 1-mile airspace exclusion around South 
Omaha Airport and standardize air traffic operations.

Costs

    The FAA has determined that the implementation of the NPRM to 
modify the Class C airspace area at Offutt AFB, NE, would result in 
little or no cost to either the agency or aircraft operators. The 
elimination of the 1-mile airspace exclusion around the South Omaha 
Airport would not reduce aviation safety nor increase the risk of a 
midair collision because that airport is closed. Also, the revision to 
aeronautical charts to reflect the airspace modification would be part 
of the routine and periodic updating of charts. Finally, the FAA would 
not incur any additional administrative costs for either personnel or 
equipment.

Benefits

    The NPRM would generate benefits for system users and the FAA 
primarily in the form of enhanced operational efficiency. The NPRM 
would provide additional controlled airspace for aircraft landing at 
and departing from Offutt AFB, NE. Air traffic controllers would gain 
operational efficiency as they would be able to standardize air traffic 
operations.

Initial Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) was enacted by 
Congress to ensure that small entities are not unnecessarily and 
disproportionately burdened by Federal regulations. The RFA requires a 
Regulatory Flexibility Analysis if an NPRM would have ``a significant 
economic impact on a substantial number of small entities.'' FAA Order 
2100.14A outlines the FAA's procedures and criteria for implementing 
the RFA. Small entities are independently owned and operated small 
businesses and small not-for-profit organizations. A substantial number 
of small entities is defined as a number that is 11 or more and which 
is more than one-third of the small entities subject to this NPRM.
    The FAA determined that revising the Class C airspace area at 
Offutt AFB would not result in a significant economic impact on a 
substantial number of small entities. This determination was made 
because there are little or no costs associated with this NPRM.

International Trade Impact Assessment

    This NPRM would not constitute a barrier to international trade, 
including the export of U.S. goods and services to foreign countries 
and the import of foreign goods and services into the United States. 
This NPRM would not impose costs on aircraft operators or aircraft 
manufacturers in the United States or foreign countries. The 
modification of Class C airspace would only affect U.S. terminal 
airspace operating procedures at and in the vicinity of Offutt AFB, NE. 
This NPRM would not have international trade ramifications because it 
is a domestic airspace matter that would not impose additional costs or 
requirements on affected entities. 

[[Page 55500]]


List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--[AMENDED]

    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; 14 CFR 11.69.


Sec. 71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9C, Airspace Designations and 
Reporting Points, dated August 17, 1995, and effective September 16, 
1995, is amended as follows:

Paragraph 4000--Subpart C-Class C Airspace

* * * * *

ACE NE C Offutt AFB, NE [Revised]

Offutt AFB, NE
    (Lat. 41 deg.07'06''N, long. 95 deg.54'45''W.)
    That airspace extending upward from the surface to and including 
5,000 feet MSL within a 5-mile radius of Offutt AFB, and that 
airspace extending upward from 2,500 feet MSL to and including 5,000 
feet MSL within a 10-mile radius of the Offutt AFB excluding that 
airspace designated as the Eppley Airfield, Omaha, NE, Class C 
airspace area.
* * * * *
    Issued in Washington, DC, on October 25, 1995.
Nancy B. Kalinowski,
Acting Manager, Airspace-Rules and Aeronautical Information Division.

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[FR Doc. 95-26994 Filed 10-31-95; 8:45 am]
BILLING CODE 4910-13-C