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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 71
          - [Airspace Docket No. 00-ACE-11]

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Notice of proposed rulemaking

# SUMMARY:

This notice proposes to amend the Class E surface area at Kearney Municipal Airport, Kearney, NE. The FAA has received a request to amend the hours of Class E surface area from part time to full time. An increase in Part 121 and other Instrument Flight Rule (IFR) operations have made this request necessary. The intended effect of this rule is to amend the Class E surface area from part time to full time.

# DATES:

Comments must be received on or before July 10, 2000.

# ADDRESSES:

Send comments on the proposal in triplicate to: Manager, Airspace Branch, Air Traffic Division, ACE-520, DOT Regional Headquarters Building, Federal Aviation Administration, Docket Number  00-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 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal holidays.

An informal docket may also be examined during normal business hours in the office of the Manager, Airspace Branch, Air Traffic Division, at the address list 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:

## Comments Invited

                    Interested parties invited to participate in this proposed 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, economic, environmental, and energy-related  aspects of the                           ( print page 32047)                        proposal. Communications should identify the airspace docket number 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 Airspace Docket No. 00-ACE-11.” The postcard will be date/time stamped an returned to the commenter. All communications received on or before  the closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this notice maybe changed in light of comments received. All comments submitted will be available for examination in the Rules Docket both before and after the closing date for comments. A report summarizing each substantive  public contact with FAA personnel concerned with this rulemaking will be filed in the docket.                

## Availability of NPRMs

Any person may obtain a copy of this Notice of Proposed Rulemaking (NPRM) by submitting a request to the Federal Aviation Administration, Office of Public Affairs, Attention: Public Inquiry Center, APA-230, 800 Independence Avenue, SW, Washington, DC 20591, or by calling (202) 267-3484. Communications must identify the notice number of this NPRM. Persons interested in being placed on a mailing list for future NPRMs should also request a copy of Advisory Circular No. 11-2A, which describes the procedures.

## The Proposal

The FAA is considering an amendment to 14 CFR part 71 to amend the Class E surface area at Kearney Municipal Airport, Kearney, NE. The FAA has received a request to amend the Class E surface area from part time to full time. The intended effect of this action is to provide segregation of aircraft operating under IFR from aircraft operating in visual weather conditions. The area would be depicted on appropriate aeronautical charts thereby enabling pilots to circumnavigate the area or otherwise comply with IFR procedures. Class E airspace areas designated as a surface area for an airport are published in paragraph 6002 of FAA Order 7400.9G, dated September 10, 1999, and effective September 16, 1999, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document would be published subsequently in the Order.

The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this proposed regulation (1) is not a “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 proposed rule will not have a significant economic impact on a substantial number of a small entities under the criteria of the Regulatory Flexibility Act.

# List of Subjects in 14 CFR Part 71

      - Airspace
      - Incorporation by reference
      - Navigation (air)

## The Proposed Amendment

Accordingly, pursuant to the authority delegated to me, the Federal Aviation Administration proposes to amend 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.

§ 71.1

2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9G, Airspace Designations and Reporting Points, dated September 10, 1999, and effective September 16, 1999, is amended as follows:

### *Paragraph 6002 Class E airspace areas designated as a surface area for an airport*

* * * * *

## ACE NE E2 Kearney, NE [Revised]

Kearney Municipal Airport, NE

(Lat. 40°43′37″N., long. 99°00′24″W.)

Kearney VOR

(Lat. 40°43′37″N., long. 99°00′18″W.

Within a 4.2-mile radius of Kearney Municipal Airport and within 3.1 miles each side of the 194° radial of the Kearney VOR extending from the 4.2-mile radius to 9.2 miles south of the VOR and within 3.1 miles each side of the 329° radial of the Kearney VOR extending from the 4.2-mile radius to 10 miles northwest of the VOR and within 3.1 miles each said of the 360° radial of the Kearney VOR extending form the 4.2-mile radius to 10 miles north of the airport.

* * * * *

Dated: Issued in Kansas City, MO, on May 9, 2000.

Herman J. Lyons, Jr.,

Manager, Air Traffic Division, Central Region.

[FR Doc. 00-12820 Filed 5-19-00; 8:45 am]

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