This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

58343

Vol. 65, No. 190

Friday, September 29, 2000

DEPARTMENT OF TRANSPORTATION

14 CFR Part 71

[Airspace Docket No. 00–AGL–16]

Modification of Class D Airspace;

Gary, IN; and Establishment of Class E

Airspace; Gary, IN, Correction

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule; correction.

SUMMARY: This action corrects an error

in the type of action taken as described

in the final rule that was published in

the Federal Register on Wednesday,

July 26, 2000 (65 FR 45840), Airspace

Docket No. 00–AGL–16. The final rule

modified Class D Airspace at Gary, IN,

and established Class E Airspace at

Gary, IN.

EFFECTIVE DATE: 0901 UTC, October 5,

2000.

FOR FURTHER INFORMATION CONTACT:

Denis C. Burke, Air Traffic Division,

Airspace Branch, AGL–520, Federal

Aviation Administration, 2300 East

Devon Avenue, Des Plaines, IL 60018,

telephone: (847) 294–7477.

SUPPLEMENTARY INFORMATION:

History

Federal Register Document 00–18888,

Airspace Docket No. 00–AGL–16,

published on July 26, 2000 (65 FR

45840), modified Class D Airspace at

Gary, IN, and established Class E

Airspace at Gary, IN. An error in the

type of action taken concerning the

Class E airspace was inadvertently

made. The action described for the Class

E airspace was given as a modification

of existing airspace when in fact it is an

establishment of new Class E airspace.

This action corrects that error.

Correction to Final Rule

Accordingly, pursuant to the

authority delegated to me, the

description for the type of action taken

for the Class E airspace, Gary, IN,

published in the Federal Register July

26, 2000 (65 FR 45840), (FR Doc. 00–

18888), is corrected as follows:

1. On page 45840, Column 3, in the

heading, beginning in line 6, correct

‘‘modification of Class E Airspace’’ to

read ‘‘Establishment of Class E

Airspace’’.

2. On page 45840, Column 3, in the

SUMMARY, beginning in line 2, correct

‘‘modifies Class E airspace’’ to read

‘‘establishes Class E airspace’’.

3. On page 45841, Column 1, line 4

from the top of the column, add

‘‘creates’’ before ‘‘Class E airspace’’.

4. On page 45841, Column 1, under

‘‘History’’, line 3, add ‘‘establish’’ before

‘‘Class E airspace’’.

5. On page 45841, Column 1, under

‘‘The Rule’’, line 2, add ‘‘establishes’’

before ‘‘Class E airspace’’.

PART 71—[CORRECTED]

§ 71.1 [Corrected]

6. On page 45841, Column 2, under

Paragraph 6005, line 1 of the airspace

description, correct ‘‘AGL IN E5 Gary,

IN [Revised]’’ to read ‘‘AGL IN E5 Gary,

IN [New]’’.

Issued in Des Plaines, Illinois on

September 13, 2000.

Douglas F. Powers,

Acting Manager, Air Traffic Division, Great

Lakes Region.

[FR Doc. 00–25073 Filed 9–28–00; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 00–ACE–31]

Amendment to Class E Airspace;

Dexter, MO

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule; request for

comments.

SUMMARY: This action amends Class E

airspace area at Dexter Municipal

Airport, Dexter, MO. A review of the

Class E airspace area for Dexter

Municipal Airport indicates it does not

comply with the criteria for 700 feet

Above Ground level (AGL) airspace

required for diverse departures as

specified in FAA Order 7400.2D. The

Class E airspace has been enlarged to

conform to the criteria of FAA Order

7400.2D.

In addition, the Nondirectional Radio

Beacon (NDB) and coordinates have

been included in the text header.

The intended effect of this rule is to

provide additional controlled Class E

airspace for aircraft operating under

Instrument Flight Rules (IFR), include

the NDB and coordinates in the text

header and comply with the criteria of

FAA Order 7400.2D.

DATES: 0901 UTC, January 25, 2001.

Comments for inclusion in the Rules

Docket must be received on or before

November 29, 2000.

ADDRESSES: Send comments regarding

the rule in triplicate to: Manager,

Operations and Airspace Branch, Air

Traffic Division, ACE–530, DOT

Regional Headquarters Building, Federal

Aviation Administration, Docket

Number 00–ACE–31, 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 Air Traffic Division at the same

address listed above.

FOR FURTHER INFORMATION CONTACT:

Brenda Mumper, Air Traffic Division,

Operations and 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 revises

the Class E airspace at Dexter, MO. A

review of the Class E airspace for Dexter

Municipal Airport, MO, indicated it

does not meet the criteria for 700 feet

AGL airspace required for diverse

departures as specified in FAA Order

7400.2D. The criteria in FAA Order

7400.2D for an aircraft to reach 1200 feet

AGL is based on a standard climb

gradient of 200 feet per mile plus the

distance from the Airport Reference

Point (ARP) to the end of the outermost

runway. Any fractional part of a mile is

converted to the next higher tenth of a

58344 Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Rules and Regulations

mile. The amendment at Dexter

Municipal Airport, MO, will provide

additional controlled airspace for

aircraft operation under IFR, include the

NDB and coordinates in the text header

and comply with the criteria of FAA

Order 7400.2D. 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 7400.9H,

dated September 1, 2000, and effective

September 16, 2000, 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

comments, 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. 00–ACE–31.’’ 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).

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.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of Federal Aviation

Administration Order 7400.9H,

Airspace Designations and Reporting

Points, dated September 1, 2000, and

effective September 16, 2000, is

amended as follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

ACE MO E5 Dexter, MO [Revised]

Dexter Municipal Airport, MO

(Lat 36°46′39′′ N., long. 89°56′28′′ W.)

Dexter NDB

(Lat 36°47′18′′ N., long. 89°56′27′′ W.)

That airspace extending upward from 700

feet above the surface within a 6.4-mile

radius of Dexter Municipal Airport and

within 2.6 miles each side of the 183° bearing

from the Dexter NDB extending from the 6.4-

mile radius to 7.4 miles south of the NDB.

* * * * *

Issued in Kansas City, MO, on September

20, 2000.

Herman J. Lyons, Jr.,

Manager, Air Traffic Division, Central Region.

[FR Doc. 00–24933 Filed 9–28–00; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 00–ACE–30]

Amendments to Class E Airspace;

Moberly, MO

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule; request for

comments

SUMMARY: This action amends Class E

airspace area at Omar N. Bradley

Airport, Moberly, MO. A review of the

Class E airspace area for Omar N.

Bradley Airport indicates it does not

comply with the criteria for 700 feet

Above Ground Level (AGL) airspace

required for diverse departures as

specified in FAA Order 7400.2D. The