[Federal Register Volume 65, Number 25 (Monday, February 7, 2000)]
[Rules and Regulations]
[Pages 5766-5768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2559]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 99-ACE-55]


Amendment to Class E Airspace; O'Neill, NE

AGENCY: Federal Aviation Administration (FAA), DOT.

[[Page 5767]]


ACTION: Direct final rule; request for comments.

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SUMMARY: This action amends the Class E airspace area at O'Neill 
Municipal-John L. Baker Field, O'Neill, NE. The FAA has developed Area 
Navigation (RNAV) Runway (RWY) 13 and RNAV RWY 31 Standard Instrument 
Approach Procedures (SIAPs) to serve O'Neill Municipal-John L. Baker 
Field, O'Neill, NE. Additional controlled airspace extending upward 
from 700 feet Above Ground level (AGL) is needed to accommodate these 
SIAPs and for Instrument Flight Rules (IFR) operations at this airport. 
The enlarged area will contain the RNAV RWY 13 and RNAV RWY 13 and RNAV 
RWY 31 SIAPs in controlled airspace.
    The intended effect of this rule is to provide controlled Class E 
airspace for aircraft executing RNAV RWY 13 and RNAV RWY 31 SIAPs 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, June 15, 2000.
    Comments for inclusion in the Rules Docket must be received on or 
before March 16, 2000.

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 
99-ACE-55, 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 ;.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 RWY 13 and RNAV 
RWY 31 SIAPs to serve the O'Neill Municipal-John L. Baker Field, 
O'Neill, NE. The amendment to Class E airspace at O'Neill, NE, will 
provide additional controlled airspace at and above 700 feet AGL in 
order to contain the SIAPs within controlled airspace, and thereby 
facilitate separation of aircraft operating under Instrument Flight 
Rules (IFR). The amendment at O'Neill Municipal-John L. Baker Field, 
O'Neill, NE, will provide additional controlled airspace for 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 7400.9G, 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 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 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 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. 99-ACE-55.'' 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 
``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:

[[Page 5768]]

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 7400.9G Airspace Designations and 
Reporting Points, datedSeptember 10, 1999, and effective September 16, 
1999, 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  O'Neill, NE [Revised]

O'Neill Municipal-John L. Baker Field, NE
    (Lat. 42 deg.28'12'' N., long. 98 deg.41'17'' W.)
O'Neill VORTAC
    (Lat. 42 deg.28'14'' N., long. 98 deg.41'13'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.4-mile radius of John L. Baker Field and within 2.6 miles 
each side of the 148 deg. radial of the O'Neill VORTAC extending 
from the 6.4-mile radius to 7.4 miles southeast of the VORTAC and 
within 4.4 miles each side of the 315 deg. radial of the O'Neill 
VORTAC extending from the 6.4-mile radius to 10.5 miles northwest of 
the airport.
* * * * *

    Issued in Kansas City, MO, on January 19, 2000.
Richard L. Day,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 00-2559 Filed 2-4-00; 8:45 am]
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