[Federal Register Volume 70, Number 145 (Friday, July 29, 2005)]
[Rules and Regulations]
[Pages 43741-43742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14977]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2005-21707; Airspace Docket No. 05-ACE-22]


Modification of Legal Description of Class C and Class E 
Airspace; Lincoln, NE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: An examination of controlled airspace for Lincoln, NE revealed 
discrepancies in the airport name. This action corrects the airport 
name and removes references to effective dates and times established in 
advance by a Notice to Airmen from the legal descriptions for Class C 
and Class E airspace. The effective dates and times are now 
continuously published in the Airport/Facility Directory.

DATES: This direct final rule is effective on 0901 UTC, October 27, 
2005. Comments for inclusion in the Rules Docket must be received on or 
before August 29, 2005.

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-2005-21707/Airspace Docket No. 05-ACE-22, 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 Docket 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 71 modifies the 
legal description of Class C airspace, Class E airspace designated as a 
surface area and Class E airspace beginning at 700 feet above the 
surface at Lincoln, NE. Class C airspace areas are published in 
paragraph 4000 of FAA Order 7400.9M, Airspace Designations and 
Reporting Points, dated August 30, 2004, and effective September 16, 
2004, which is incorporated by reference in 14 CFR 71.1. Class E 
airspace areas are published in Paragraph 6002 and 6005 of the same FAA 
Order. The Class C and Class E airspace designations 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

[[Page 43742]]

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-2005-21707/Airspace Docket No. 05-ACE-
22.'' 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 only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
Therefore, this regulation--(1) is not ``significant regulatory 
action'' under Executive Order 12866; (2) is not a ``significant rule'' 
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 
1979); and (3) does not warrant preparation of a Regulatory Evaluation 
as the anticipated impact is so minimal. Since this is a routine matter 
that will only affect air traffic procedures and air navigation, it is 
certified that this rule, when promulgated, will not have a significant 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the 
FAA is charged with prescribing regulations to assign the use of the 
airspace necessary to ensure the safety of aircraft and the efficient 
use of airspace. This regulation is within the scope of that authority 
since it contains aircraft executing instrument approach procedures to 
Lincoln Airport.

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 7400.9M, dated August 30, 2004, and effective 
September 16, 2004, is amended as follows:

Paragraph 4000 Class C airspace.
* * * * *

ACE NE C Lincoln Airport, NE

Lincoln Airport, NE
    (Lat. 40[deg]51'03'' N., long. 96[deg]45'33'' W.)

    That airspace extending upward from the surface to and including 
5,200 feet MSL within a 5-mile radius of the Lincoln Airport and 
that airspace extending upward from 2,700 feet MSL to 5,200 feet MSL 
within a 10-mile radius of the airport.
* * * * *
Paragraph 6002 Class E Airspace Designated as a Surface Area.
* * * * *

ACE NE E2 Lincoln Airport, NE

Lincoln Airport, NE
    (Lat. 40[deg]51'03'' N., long. 96[deg]45'33'' W.)

    Within a 5-mile radius of the Lincoln Airport
* * * * *
Paragraph 6005 Class E Airspace areas extending upward from 700 feet 
or more above the surface of the earth.
* * * * *

ACE NE E5 Lincoln, NE

Lincoln Airport, NE
    (Lat. 40[deg]51'03'' N., long. 96[deg]45'33'' W.)
Lincoln VORTAC
    (Lat. 40[deg]55'26'' N., long. 96[deg]44'31'' W.)
Lincoln Airport ILS
    (Lat. 40[deg]52'02'' N., long. 96[deg]45'42'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 7.4-mile radius of the Lincoln Airport and within 3.9 miles 
each side of the 014[deg] radial of the Lincoln VORTAC extending 
from the 7.4-mile radius to 10 miles north of the VORTAC and within 
6 miles east and 4 miles west of the Lincoln ILS localizer course 
extending from the 7.4-mile radius to 18 miles south of the airport 
and within 4 miles east and 6 miles west of the Lincoln ILS 
localizer course extending from the 7.4-mile radius to 14.7 miles 
north of the airport, excluding that airspace within the Lincoln 
Airport, NE, Class C airspace area.
* * * * *

    Issued in Kansas City, MO, on July 19, 2005.
Elizabeth S. Wallis,
Acting Area Director, Western Flight Services Operations
[FR Doc. 05-14977 Filed 7-28-05; 8:45 am]
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