[Federal Register Volume 67, Number 104 (Thursday, May 30, 2002)]
[Rules and Regulations]
[Pages 37667-37669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13549]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 02-ACE-5]


Amendment to Class E Airspace; Fremont, NE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action amends Title 14 Code of Federal Regulations, part 
71 (14 CFR part 71) by revising Class E airspace at Fremont, NE in 
order to provide a safer Instrument Flight Rules (IFR) environment at 
Fremont Municipal Airport, Fremont NE. The FAA has developed 
Nondirectional Radio Beacon (NDB) Runway (RWY) 13, Amendment 3 Standard 
Instrument Approach Procedure (SIAP) and VHF Omnidirectional Range 
(VOR) RWY 13, Amendment 1 SIAP to serve Fremont Municipal Airport, 
Fremont NE. Additional controlled airspace extending upward from 700 
feet Above Ground Level (AGL) is needed to accommodate the SIAPs.
    The intended effect of this rule is to provide controlled Class E 
airspace for aircraft executing the SIAPs and to segregate aircraft 
using instrument approach procedures in instrument

[[Page 37668]]

conditions from aircraft operating in visual conditions.

DATES: This direct final rule is effective on 0901 UTC, October 3, 
2002.
    Comments fro inclusion in the Rules Docket must be received on or 
before July 31, 2002.

ADDRESSES: Send comments regarding the rule in triplicate to: Manager, 
Airspace Branch, Air Traffic Division, ACE-520, DOT Regional 
Headquarters Building, Federal Aviation Administration, Docket Number 
02-ACE-5, 901 Locust, 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 a.m. and 3 
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: Brenda Mumper, Air Traffic Division, 
Airspace Branch, ACE-520A DOT Regional Headquarters Building, Federal 
Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: 
(816) 329-2524.

SUPPLEMENTARY INFORMATION: The FAA has developed NDB RWY 13, Amendment 
3 and VOR RWY 13, Amendment 1 SIAPs to serve Fremont Municipal Airport, 
Fremont NE. The modification of Class E airspace at Fremont NE will 
provide additional controlled airspace at and above 700 feet AGL in 
order to contain the amended SIAPs within controlled airspace, and 
thereby enhance safety and efficiency of IFR flight operations in the 
Fremont NE terminal area. The modified Class E airspace will be 
depicted on appropriate aeronautical charts. Class E airspace areas 
extending upward from 700 fee or more above the surface of the earth 
are published in paragraph 6005 of FAA Order 7400.9J, dated August 31, 
2001, and effective September 16, 2001, 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 
Visual Flight Rules (VFR) pilots may anticipate the presence of IFR 
aircraft at lower altitudes, specially during inclement weather 
conditions. A greater degree of safety is achieved by depicting the 
area of 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 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. 02-ACE-5.'' The postcard will be date stamped and 
returned to the commenter.

Agency Findings

    The regulations adopted herein will not have a substantial direct 
effect 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, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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.


[sect] 71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal 
Aviation Administration Order 7400.9J Airspace Designations and 
Reporting Points, dated August 31, 2001, and effective September 16, 
2001, 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 E55 Fremont, NE [Revised]

Fremont Municipal Airport, NE
    (lat. 41[deg] 26' 57'' N., long. 96[deg] 31' 13'' W.)

[[Page 37669]]

Fremont NDB (lat. 41[deg] 27' 02'' N., long. 96[deg] 31' 13'' W.)
    That airspace extending upward from 700 feet above the surface 
within a 7-mile radius of the Fremont Municipal Airport, excluding 
that airspace within the Scribner, NE, Class E and the Wahoo, NE, 
Class E airspace areas.
* * * * *

    Issued in Kansas City, MO, on May 20, 2002.
Herman J. Lyons, Jr.,
Manager, Air Traffic Division, Central Region.
[FR Doc. 02-13549 Filed 5-29-02; 8:45 am]
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