[Federal Register Volume 68, Number 74 (Thursday, April 17, 2003)]
[Rules and Regulations]
[Pages 18858-18860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9507]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2003-14846; Airspace Docket No. 03-ACE-31]


Modification of Class E Airspace; Aurora, NE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: Aurora Municipal Airport, NE has been renamed Aurora 
Municipal-Al Potter Field Airport, NE. The Aurora Nondirectional Radio 
Beacon (NDB) will be decommissioned effective July 10, 2003. Controlled 
airspace extending upward from 700 feet Above Ground Level (AGL) that 
accommodates NDB Standard Instrument Approach

[[Page 18859]]

Procedures (SIAPs) at Aurora, NE will no longer be needed.
    The intended effect of this rule is to amend the airport name in 
the Aurora, NE Class E airspace area legal description, provide 
appropriate controlled Class E airspace for aircraft operating under 
Instrument Flight Rules (IFR) at Aurora, NE, delete the Aurora NDB and 
coordinates from the legal description and comply with the criteria of 
FAA Order 7400.2E.

EFFECTIVE DATE: This direct final rule is effective on 0901 UTC, July 
10, 2003.
    Comments for inclusion in the Rules Docket must be received on or 
before May 20, 2003.

ADDRESSES: Send comments on this proposal to the Docket Management 
System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh 
Street, SW., Washington, DC 20590-0001. You must identify the docket 
number FAA-2003-14846/Airspace Docket No. 03-ACE-31, at the beginning 
of your comments. You may also submit comments on the Internet at 
http://dms.dot.gov. You may review the public docket containing the 
proposal, any comments received, and any final disposition in person in 
the Dockets Office between 9 a.m. and 5 p.m, Monday through Friday, 
except Federal holidays. The Docket Office (telephone 1-800-647-5527) 
is on the plaza level of the Department of Transportation NASSIF 
Building at the above address.

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: This amendment to 14 CFR part 71 modifies 
the Class E airspace area extending upward from 700 feet above the 
surface at Aurora, NE. It modifies the name of the airport at Aurora, 
NE from ``Aurora Municipal Airport'' to ``Aurora Municipal-Al Potter 
Field Airport.'' The Aurora NDB is decommissioned effective July 10, 
2003. NDB SIAPs that serve Aurora Municipal-Al Potter Field Airport 
will no longer be applicable. Controlled airspace extending upward from 
700 feet AGL that accommodates these SIAPs will no longer be needed. 
The amendment to Class E airspace at Aurora, NE provides controlled 
airspace at and above 700 feet AGL to contain SIAPs, other than the NDB 
SIAPs, at Aurora Municipal-Al Potter Field Airport. Additional Class E 
airspace necessary for the NDB SIAPs is revoked. The Aurora NDB and 
coordinates, and reference to these, are deleted from the legal 
description of Aurora, NE Class E airspace. It brings the legal 
description of this airspace area into compliance with FAA Order 
7400.2E, Procedures for Handling Airspace Matters. 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 objections. 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

    Interested parties are invited to participate in this rulemaking by 
submitting such written data, views, or arguments, as they may desire. 
Comments that provide the factual basis supporting the views and 
suggestions presented are particularly helpful in developing reasoned 
regulatory decisions on the proposal. Comments are specifically invited 
on the overall regulatory, aeronautical, economic, environmental, and 
energy-related aspects of the proposal. Communications should identify 
both docket numbers and be submitted in triplicate to the address 
listed above. Commenters wishing the FAA to acknowledge receipt of 
their comments on this notice must submit with those comments a self-
addressed, stamped postcard on which the following statement is made: 
``Comments to Docket No. FAA-2003-14846/Airspace Docket No. 03-ACE-
31.'' The postcard will be date/time 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

0
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

0
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]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation 
Administration Order 7400.9K, 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 NE E5 Aurora, NE

Aurora Municipal-Al Potter Field Airport, NE
    (Lat 40[deg]53'39'' N., long 97[deg]59'40'' W.)


[[Page 18860]]


    That airspace extending upward from 700 feet above the surface 
within a 6.4-mile radius of Aurora Municipal-Al Potter Field 
Airport.
* * * * *

    Issued in Kansas City, MO, on April 8, 2003.
Herman J. Lyons, Jr.,
Manager, Air Traffic Division, Central Region.
[FR Doc. 03-9507 Filed 4-16-03; 8:45 am]
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