[Federal Register Volume 67, Number 219 (Wednesday, November 13, 2002)]
[Rules and Regulations]
[Pages 68757-68758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28831]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 02-ACE-11]


Amendment to Class E Airspace; Ulysses, KS

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 Ulysses, KS in 
order to provide a safer Instrument Flight Rules (IFR) environment at 
Ulysses Airport, Ulysses, KS. The FAA has developed Area Navigation 
(RNAV) Global Positioning System (GPS) Runway (RWY) 12, ORIGINAL 
Standard Instrument Approach Procedure (SIAP); RNAV (GPS) RWY 17, 
ORIGINAL SIAP; RNAV (GPS) RWY 30, ORIGINAL SIAP; RNAV (GPS) RWY 35, 
ORIGINAL SIAP; and Nondirectional Radio Beacon (NDB) RWY 12, Amendment 
3 SIAP to serve Ulysses Airport, Ulysses, KS. 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 an SIAP and to segregate aircraft using 
instrument approach procedures in instrument conditions from aircraft 
operating in visual conditions.

EFFECTIVE DATE: This direct final rule is effective on 0901 UTC, 
February 20, 2003.
    Comments for inclusion in the Rules Docket must be received on or 
before December 19, 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-11, 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: Kathy Randolph, Air Traffic Division, 
Airspace Branch, ACE-520C DOT Regional Headquarters Building, Federal 
Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: 
(816) 329-2525.

SUPPLEMENTARY INFORMATION: The FAA has developed RNAV (GPS) RWY 12, 17, 
30 and 35, ORIGINAL SIAPs and NDB RWY 12, Amendments 3 SIAP to serve 
Ulysses Airport, Ulysses, KS. The amendment to Class E airspace at 
Ulysses, KS will provide additional controlled airspace and at and 
above 700 feet AGL in order to contain the new SIAPs within controlled 
airspace, and thereby facilitate separation of aircraft operating under 
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 
7400.9K, dated August 30, 2002, and effective September 16, 2002, 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 objectives. 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 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

[[Page 68758]]

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-11.'' 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 7400.9K Airspace Designations and 
Reporting Points, dated August 30, 2002, and effective September 16, 
2002, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700 
feet or more above the surface of the earth.

ACE KS E5 Ulysses, KS [Revised]

Ulysses Airport, KS
    (Lat. 37[deg]36'14''N., long. 101[deg]22'24''W.)
Ulysses NDB
    (Lat. 37[deg]35'50''N., long. 101[deg]22'05''W.)

    That airspace extending upward toward from 700 feet above the 
surface within a 6.8-mile radius of Ulysses Airport and within 1.0 
mile each side of the 306[deg] bearing from the Ulysses NDB 
extending from the 6.8-mile radius to 10.5 miles northwest of the 
airport.
* * * * *

    Issued in Kansas City, MO, on October 28, 2002.
Herman J. Lyons, Jr.,
Manager, Air Traffic Division, Central Region.
[FR Doc. 02-28831 Filed 11-12-02; 8:45 am]
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