[Federal Register Volume 63, Number 159 (Tuesday, August 18, 1998)]
[Rules and Regulations]
[Pages 44124-44125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22174]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98-ACE-34]


Amendment to Class E Airspace; Kearney, 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 Kearney Municipal 
Airport, Kearney, NE. A review of the Class E airspace area for Kearney 
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 Class E airspace has 
been enlarged to conform to the criteria of FAA Order 7400.2D. The 
intended effect of this rule is to provide additional controlled Class 
E airspace for aircraft operating under Instrument Flight Rules (IFR) 
and comply with the criteria of FAA Order 7400.2D.

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-34, 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 Kearney, NE. A review of the Class E airspace for 
Kearney Municipal Airport indicates it does not meet 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 ARP to the end of the outermost 
runway. Any fractional part of a mile is converted to the next higher 
tenth of a mile. The amendment at Kearney Municipal Airport, NE, will 
provide additional airspace for aircraft operating under IFR and comply 
with the criteria of FAA Order 7400.2D. 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 designations 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 writtin 
notice of intent to submit an adverse or negaitve 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 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

[[Page 44125]]

such writtin data, views, or arguments as they may desire. 
Communications shoud 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, 
stampted postcard on which the following statement is made: ``Comments 
to Docket No. 98-ACE-34.'' 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 Transporation (DOT) 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, will not have a signficant 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 incorporation 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  Kearney, NE  [Revised]

Kearney Municipal Airport, NE
    (lat. 40 deg.843'37'' N., long. 99 deg.00'24'' W.)
Kearney VOR
    (lat. 40 deg.43'32'' N., long. 99 deg.00'18'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.7-mile radius of Kearney Municipal Airport and within 3.8 
miles each side of the Kearney VOR 001 deg. radial extending from 
the 6.7-mile radius to 10 miles north of the VOR and within 3.8 
miles each side of the 194 deg. radial of the Kearney VOR extending 
from the 6.7-mile radius to 10 miles south of the VOR and within 3.8 
miles each side of the 329 deg. radial of the Kearney VOR extending 
from the 6.7-mile radius to 10 miles northwest of the VOR.
* * * * *
    Issued in Kansas City, MO, on July 28, 1998.
Jack L. Skelton,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 98-22174 Filed 8-17-98; 8:45 am]
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