[Federal Register Volume 63, Number 178 (Tuesday, September 15, 1998)]
[Rules and Regulations]
[Pages 49282-49283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24708]



Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98-ACE-28]

Amendment to Class E Airspace; Fairbury, NE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.


SUMMARY: This action amends the Class E airspace area at Fairbury 
Municipal Airport, Fairbury, NE. The FAA has developed Global 
Positioning System (GPS) Runway (RWY) 17 and RWY 35 Standard Instrument 
Approach Procedures (SIAPs) to serve Fairbury Municipal Airport, NE. 
Additional controlled airspace extending upward from 700 feet Above 
Ground Level (AGL) is needed to accommodate these SIAPs and for 
Instrument Flight Rules (IFR) operations at this airport. The enlarged 
area will contain the new GPS RWY 17 and GPS RWY 35 SIAPs in controlled 
airspace. The intended effect of this rule is to provide controlled 
Class E airspace for aircraft executing the GPS RWY 17 and GPS RWY 35 
SIAPs and to segregate aircraft using instrument approach procedures in 
instrument conditions from aircraft operating in visual conditions.

DATES: This direct final rule is effective on 0901 UTC, January 28, 
    Comments for inclusion in the Rules Docket must be received on or 
before October 23, 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-28, 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.

35 SIAPs to serve the Fairbury Municipal Airport, Fairbury, NE. The 
amendment to Class E airspace at Fairbury, NE, will provide additional 
controlled airspace at the above 700 feet AGL in order to contain the 
new SIAPs within controlled airspace, and thereby facilitate separation 
of aircraft operating under Instrument Flight Rules. 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

[[Page 49283]]

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 
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 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-28.'' 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:


    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  Fairbury, NE [Revised]

Fairbury Municipal Airport, NE
    (Lat. 40 deg.10'55''N., long. 97 deg.10'04''W.)
BUXBI Waypoint
    (Lat. 40 deg.06'40''N., long. 97 deg.10'12''W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.4-mile radius of Fairbury Municipal Airport and within 4 
miles each side of the 360 deg. bearing from the airport extending 
from the 6.4-mile radius to 9.6 miles north of the airport, and 
within 4 miles each side of the 167 deg. bearing from the BUXBI 
waypoint extending from the 6.4-mile radius to 4.3 miles southeast 
of the BUXBI waypoint.
* * * * *
    Issued in Kansas City, MO, on August 21, 1998.
Christopher R. Blum,
Manager, Air Traffic Division, Central Region.
[FR Doc. 98-24708 Filed 9-14-98; 8:45 am]