[Federal Register Volume 63, Number 159 (Tuesday, August 18, 1998)]
[Rules and Regulations]
[Pages 44125-44126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22173]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98-ACE-32]


Amendment to Class E Airspace; Beatrice, NE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action amends Class E airspace area at Beatrice Municipal 
Airport, Beatrice, NE. A review of the Class E airspace for Beatrice 
Municipal Airport indicates it does not comply with the criteria for 
700 feet Above Ground Level (AGL) airspace required for diverse 
departures as specified in FAA Order 7400.2D. The area is enlarged to 
conform to the criteria of FAA Order 7400.2D.
    In addition, a minor revision to the geographic coordinates for the 
Shaw Nondirectional Radio Beacon (NDB) is included in this document. 
The intended effect of this rule is to provide additional controlled 
Class E airspace for aircraft operating under Instrument Flight Rules 
(IFR), comply with the criteria of FFA Order 7400.2D, and amend the 
geographic coordinates for the Shaw NDB.

DATES: Effective date: 0901 UTC, December 3, 1998.
    Comments for inclusion in the Rules Docket must be received on or 
before September 25, 1998.

ADDRESSES: Send comments regarding the rule in triplicate to: Manager, 
Airspace Branch, Air Traffic Division, ACE-520, Federal Aviation 
Administration, Docket Number 98-ACE-32, 601 East 12th Street, Kansas 
City, MO 64106.
    The official docket may be examined in the Office of the Regional 
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, Airspace Branch, ACE-520C, 
Federal Aviation Administration, 601 East 12th Street, Kansas City, MO 
64106; telephone: (816) 426-3408.

SUPPLEMENTARY INFORMATION: This amendment to 14 CFR 71 revises the 
Class E airspace at Beatrice, NE. A

[[Page 44126]]

review of the Class E airspace for Beatrice Municipal Airport indicates 
it does not meeet with the criteria for 700 feet AGL airspace required 
for diverse departures as specified in FAA Order 7400.2D. The criteria 
in FAA Order 7400.2D for an aircraft to reach 1200 feet AGL is based on 
a standard climb gradient of 200 feet per mile plus the distance from 
the Airport Reference Point (ARP) to the end of the outermost runway. 
Any fractional part of a mile is converted to the next higher tenth of 
a mile.
    In addition, the Class E airspace area includes a minor revision to 
the geographic coordinates for the Shaw NDB. The amendment at Beatrice 
Municipal Airport, NE, will provide additional controlled airspace for 
aircraft operating under IFR, comply with the criteria of FAA Order 
7400.2D and amend the coordinates for the Shaw NDB. 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 7400.9E, dated September 
10, 1997, and effective September 16, 1997, 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 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 becomes 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-related 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. 98-ACE-32.'' 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 14 CFR part 
71 as follows:

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

    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.


Sec. 71.1  [Amended]

    2. The corporation by reference in 14 CFR 71.1 of Federal Aviation 
Administration Order 7400.9E, Airspace Designations and Reporting 
Points, dated September 10, 1997, and effective September 16, 1997, 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  Beatrice, NE  [Revised]

Beatrice Municipal Airport, NE
    (lat. 40 deg.18'05''N., long. 96 deg.45'15''W.)
Beatrice VOR
    (lat. 40 deg.18'05''N., long. 96 deg.45'17''W.)
Shaw NDB
    (lat. 40 deg.15'54''N., long. 96 deg.45'26''W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.6-mile radius of Beatrice Municipal Airport and 4.4 miles 
each side of the 325 deg. radial of the Beatrice VOR extending from 
the 6.6-mile radius to 12.1 miles northwest of the airport and 
within 3.1 miles each side of the 185 deg. bearing from the Shaw NDB 
extending from the 6.6-mile radius to 7 miles south of the airport.
* * * * *
    Issued in Kansas City, MO, on July 28, 1998.
Jack L. Skelton,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 98-22173 Filed 8-17-98; 8:45 am]
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