[Federal Register Volume 62, Number 9 (Tuesday, January 14, 1997)]
[Rules and Regulations]
[Pages 1827-1828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-846]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71

[Docket No. 96-ACE-24]


Amendment to Class E Airspace, Sidney, NE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action amends the Class E airspace area at Sidney 
Municipal Airport, Sidney, NE. The Federal Aviation Administration has 
developed a Standard Instrument Approach Procedure (SIAP) based on the 
Global Positioning System (GPS). The effect of this rule is to provide 
additional controlled airspace for aircraft departing the Sidney 
Municipal Airport.

DATES: Effective date: May 22, 1997.
    Comment date: Comments must be received on or before February 21, 
1997.

ADDRESSES: Send comments regarding the rule in triplicate to: Manager, 
Operations Branch, Air Traffic Division, ACE-530, Federal Aviation 
Administration, Docket Number 96-ACE-24, 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, 
Missouri 64106; telephone (816) 426-3408.

SUPPLEMENTARY INFORMATION: The FAA has developed Standard Instrument 
Approach Procedures (SIAP) utilizing the Global Positioning System 
(GPS) at Sidney Municipal Airport, Sidney, NE. The amendment to Class E 
airspace at Sidney, 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 7400.9D, dated September 
4, 1996, and effective September 16, 1996, 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. 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 comments 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

[[Page 1828]]

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-24.'' 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. A copy of it may be 
obtained by contacting the Rules Docket at the location provided under 
the caption ADDRESSES.

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 7400.9D, Airspace Designations and 
Reporting Points, dated September 4, 1996, and effective September 16, 
1996, 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 Sidney, NE [Revised]

Sidney Municipal Airport, NE
    (lat. 41 deg.06'05'' N., long. 102 deg.59'07'' W.)
Sidney VORTAC
    (lat. 41 deg.05'48'' N., long. 102 deg.58'59'' W.)

    That airspace extending upward form 700 feet above the surface 
within a 6.6-mile radius of the Sidney Municipal Airport and within 
4 miles southwest and 6 miles northeast of the 126 deg. radial of 
the Sidney VORTAC extending from the 6.6-mile radius to 10.5 miles 
southeast of the VORTAC and within 4 miles northeast and 6 miles 
southwest of the 323 deg. radial of the Sidney VORTAC extending from 
6.6-miles radius to 10.5 miles northwest of the VORTAC; that 
airspace in the state of Colorado extending upward from 1,200 feet 
above the surface within 4 miles southwest and 6 mile northeast of 
the 126 deg. radial of the Sidney VORTAC 10.5 miles southeast of the 
VORTAC
* * * * *
    Issued in Kansas City, MO, on December 17, 1996.
Herman, J. Lyons, Jr.,
Manager, Air Traffic Division, Central Region.
[FR Doc. 97-846 Filed 1-13-97; 8:45 am]
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