[Federal Register Volume 62, Number 17 (Monday, January 27, 1997)]
[Rules and Regulations]
[Pages 3786-3787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1918]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71

[Docket No. 96-ACE-25]


Amendment to Class E Airspace, Sioux City, IA

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 Sioux Gateway 
Airport, Sioux City, IA. The Federal Aviation Administration has 
developed a Standard Instrument Approach Procedure (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 arriving and departing the Sioux Gateway Airport.

DATES: Effective date: May 22, 1997.
    Comment date: Comments must be received on or before March 10, 
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-25, 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 Non-directional Radio Beacon 
(NDB) at Sioux Gateway Airport, Sioux City, IA. The amendment to Class 
E airspace at Sioux City, IA, 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 comment is received 
within the comment period, the

[[Page 3787]]

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

    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 interest 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-25.'' 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 reason 
discussed in the preamble, I certify that is 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. 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 IA E4 Sioux City, IA [Revised]

Sioux City, Sioux Gateway Airport, IA
    (Lat. 42 deg.24'10'' N. long. 96 deg.23'04'' W.)
Sioux City VORTAC
    (Lat. 42 deg.20'40'' N. long. 96 deg.19'25'' W.)
Gateway NDB
    (Lat. 42 deg.24'29''N. long. 96 deg.23'09''W.)

    That airspace extending upward from the surface within 2.2 miles 
each side of the 140 deg. radial of the Sioux City VOTAC extending 
from the 4.3-mile radius of the Sioux Gateway Airport to 5.3 miles 
southeast of the VORTAC and 2.5 miles each side of the 170 deg. 
bearing from the Gateway NDB extending from the 4.3-mile radius of 
the Sioux Gateway Airport to 7 miles south of the NDB. This Class E 
airspace area is effective during the specific dates and times 
established in advance by a Notice to Airmen. The effective date and 
time will thereafter be continuously published in the Airport/
Facility Directory.
* * * * * *

ACE NE E5 Sioux City, IA. [Revised]

Sioux City, Sioux Gateway Airport, IA
    (Lat. 42 deg.24'10'' N., long. 96 deg.23'04'' W.)
Sioux City VORTAC
    (Lat. 42 deg.20'40'' N., long. 96 deg.19'25'' W.)
Gateway NDB
    (Lat. 42 deg.24'29'' N., long. 96 deg.23'09'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 7-mile radius of the Sioux Gateway Airport and within 3 
miles each side of the 139 deg. radial of the Sioux City VORTAC 
extending from the 7-mile radius to 17.8 miles southeast of the 
VORTAC and within 3 miles each side of the 319 deg. radial of the 
Sioux City VORTAC extending from the 6.8-mile radius to 25.3 miles 
northwest of the VORTAC and 2 miles each side of the 360 deg. 
bearing from the Sioux Gateway Airport extending from the 7-mile 
radius to 9.2 mile north of the airport.
* * * * *
    Issued in Kansas City, MO, on December 27, 1996.
Bryan H. Burleson,
Acting Manager, Air Traffic Division Central Region.
[FR Doc. 97-1918 Filed 1-24-97; 8:45 am]
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