[Federal Register Volume 67, Number 161 (Tuesday, August 20, 2002)]
[Rules and Regulations]
[Pages 53877-53878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21138]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 02-ACE-9]


Amendment to Class E Airspace; Gordon, NE

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 at Gordon, NE. The FAA 
has developed an Area Navigation (RNAV) Global Positioning System (GPS) 
Runway (RWY) 04, ORIGINAL Standard Instrument Approach Procedure (SIAP) 
to serve Gordon Municipal Airport, Gordon, NE. Additional controlled 
airspace extending upward from 700 feed Above Ground Level (AGL) is 
needed to accommodate that SIAP.
    The intended effect of this rule is to provide controlled Class E 
airspace for aircraft executing the SIAP 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, November 28, 
2002.
    Comments for inclusion in the Rules Docket must be received on or 
before September 30, 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-9, 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 RNAV (GPS) RWY 04, 
ORIGINAL SIAP to serve Gordon Municipal Airport, Gordon, NE. The 
amendment to Class E airspace at Gordon, NE will provide additional 
controlled airspace at and above 700 feet AGL in order to contain the 
new SIAP within controlled airspace, and thereby facilitate separation 
of aircraft operating under Instrument Flight Rules (IFR). 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 7400.9J, 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

[[Page 53878]]

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 conforming 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.
    Comments 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-9.'' 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.


Sec. 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 E5  Gordon, NE [REVISED]

Gordon Municipal Airport, NE
    (Lat. 42 deg.48'22'' N., long. 102 deg.10'31'' W.)
Gordon NDB
    (Lat. 42 deg.48'04'' N., long. 102 deg.10'46'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.6-mile radius of Gordon Municipal Airport and within 2.6 
miles each side of the 045 deg. bearing from the Gordon NDB 
extending from the 6.6-mile radius to 7.4 miles north of the 
airport, and within 2 miles each side of the 229 deg. bearing from 
the airport extending from the 6.6-mile radius to 10.1 miles south 
of the airport.
* * * * *

    Issued in Kansas City, MO, on August 5, 2002.
Paul J. Sheridan,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 02-21138 Filed 8-19-02; 8:45 am]
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