[Federal Register Volume 61, Number 152 (Tuesday, August 6, 1996)]
[Rules and Regulations]
[Pages 40718-40719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20003]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION
[Docket No. 96-ACE-10]


Amendment to Class E Airspace, Seward, NE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This action amends the Class E airspace area at Seward 
Municipal Airport, Seward, NE. The Federal Aviation Administration has 
developed Standard Instrument Approach Procedures (SIAP) based on the 
Non-directional Radio Beacon (NDB) which has made this change 
necessary. The effect of this rule is to provide additional controlled 
airspace for aircraft executing the new SIAP at Seward Municipal 
Airport.

DATES: Effective date: October 25, 1996.
    Comment date: Comments must be received on or before September 6, 
1996.

ADDRESSES: Send comments regarding the rule in triplicate to: Manager, 
Operations Branch, Air Traffic Division, ACE-530, Federal Aviation 
Administration, Docket Number 96-ACE-10, 601 East 12th ST., Kansas 
City, MO 64106.
    The official docket may be examined in the Office of the Assistant 
Chief Counsel for the Central Region at the same address between 9:00 
a.m. and 3:00 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.

FOR FURTHER INFORMATION CONTACT:
Kathy Randolph, Air Traffic Division, Operations Branch, ACE-530C, 
Federal Aviation Administration, 601 East 12th Street, Kansas City, MO 
64106: telephone: (816) 426-3408.

SUPPLEMENTARY INFORMATION: The FAA has developed Standard Instrument 
Approach Procedures (SIAP) utilizing the Non-Directional Radio Beacon 
(NDB) at Seward Municipal Airport, Seward, NE. The amendment to Class E 
airspace at Seward, NE, will provide additional controlled airspace to 
segregate aircraft operating under Visual Flight Rules (VFR) from 
aircraft operating under Instrument Flight Rules (IFR) procedures while 
arriving or departing the airport. The area will be depicted on 
appropriate aeronautical charts thereby enabling pilots to either 
circumnavigate the area, continue to operate under VFR to and from the 
airport, or otherwise comply with IFR procedures. Class E airspace 
areas extending from 700 feet or more above the surface of the earth 
are published in paragraph 6005 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 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

[[Page 40719]]

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. 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, confirming the date on 
which the final rule will become effective. If the FAA does receive an 
adverse or negative comment within the comment period, 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

    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 determining whether additional 
rulemaking action would be needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy 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. 96-ACE-10.'' The postcard will be date stamped and 
returned to the commenter.

Agency Findings

    The regulations adopted herein will not have substantial direct 
effects 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, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    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

    Accordingly, the Federal Aviation Administration amends Part 71 of 
the Federal Aviation Regulations (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 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 6005  Class E airspace areas extending upward from 700 
feet or more above the surface of the earth.

* * * * *

ACE NE E5 Seward, NE [Revised]

Seward Municipal Airport, NE
    (Lat. 40 deg.51'55'' N., long. 97 deg.06'34'' W.)
Seward NDB
    (Lat. 40 deg.51'54'' N., long. 97 deg.06'22'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.4-mile radius of Seward Municipal Airport and within 4 
miles each side of the 166 deg. bearing from the Seward NDB 
extending from the 6.4-mile radius to 14 miles southeast of the NDB 
and 4 miles each side of the 359 deg. bearing from Seward NDB 
extending from the 6.4-mile radius to 13 miles north of the NDB.
* * * * *
    Issued in Kansas City, MO, on July 16, 1996.
Herman J. Lyons, Jr.,
Manager, Air Traffic Division Central Region.
[FR Doc. 96-20003 Filed 8-5-96; 8:45 am]
BILLING CODE 4910-13-M