1828 Federal Register / Vol. 62, No. 9 / Tuesday, January 14, 1997 / Rules and Regulations

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this rule may be amended or withdrawn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 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. 96–ACE–24.’’ The postcard

will be date stamped and returned to the

commenter.

Agency Findings

The regulations adopted herein will

not have substantial direct effects 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, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

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. A copy of it may be

obtained by contacting the Rules Docket

at the location provided under the

caption ADDRESSES.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

Accordingly, the Federal Aviation

Administration amends part 71 of the

Federal Aviation Regulations (14 CFR

part 71) as follows:

PART 71—AMENDED

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; 14 CFR 11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of Federal Aviation

Administration Order 7400.9D, Airspace

Designations and Reporting Points,

dated September 4, 1996, and effective

September 16, 1996, 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 Sidney, NE [Revised]

Sidney Municipal Airport, NE

(lat. 41°06′05′′ N., long. 102°59′07′′ W.)

Sidney VORTAC

(lat. 41°05′48′′ N., long. 102°58′59′′ W.)

That airspace extending upward form 700

feet above the surface within a 6.6-mile

radius of the Sidney Municipal Airport and

within 4 miles southwest and 6 miles

northeast of the 126° radial of the Sidney

VORTAC extending from the 6.6-mile radius

to 10.5 miles southeast of the VORTAC and

within 4 miles northeast and 6 miles

southwest of the 323° radial of the Sidney

VORTAC extending from 6.6-miles radius to

10.5 miles northwest of the VORTAC; that

airspace in the state of Colorado extending

upward from 1,200 feet above the surface

within 4 miles southwest and 6 mile

northeast of the 126° radial of the Sidney

VORTAC 10.5 miles southeast of the

VORTAC

* * * * *

Issued in Kansas City, MO, on December

17, 1996.

Herman, J. Lyons, Jr.,

Manager, Air Traffic Division, Central Region.

[FR Doc. 97–846 Filed 1–13–97; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Part 71

[Docket No. 96–ACE–22]

Amendment to Class E Airspace,

Alliance, NE

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule; request for

comments.

SUMMARY: This action amends the Class

E airspace area at Alliance Municipal

Airport, Alliance, NE. The Federal

Aviation Administration has developed

a Standard Instrument Approach

Procedure (SIAP) based on the Global

Positioning System (GPS). The effect of

this rule is to provide additional

controlled airspace for aircraft departing

the Alliance Municipal Airport.

DATES: Effective date: May 22, 1997.

Comment date: Comments must be

received on or before February 21, 1997.

ADDRESSES: Send comments regarding

the rule in triplicate to: Manager,

Operations Branch, Air Traffic Division,

ACE–530, Federal Aviation

Administration, Docket Number 96–

ACE–22, 601 East 12th St., Kansas City,

MO 64106.

The official docket may be examined

in the Office of the Assistant Chief

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:

Kathy Randolph, Air Traffic Division,

Operations Branch, ACE–530C, Federal

Aviation Administration, 601 East 12th

Street, Kansas City, Missouri 64106:

telephone: (816) 426–3408.

SUPPLEMENTARY INFORMATION: The FAA

has developed Standard Instrument

Approach Procedures (SIAP) utilizing

the Global Positioning System (GPS) at

Alliance Municipal Airport, Alliance,

NE. The amendment to Class E airspace

at Alliance, NE, will provide additional

controlled airspace to segregate aircraft

operating under Visual Flight Rules

(VFR) from aircraft operating under

Instrument Flight Rules (IFR)

procedures while arriving or departing

the airport. The area will be depicted on
Federal Register / Vol. 62, No. 9 / Tuesday, January 14, 1997 / Rules and Regulations 1829

appropriate aeronautical charts thereby

enabling pilots to either circumnavigate

the area, continue to operate under VFR

to and from the airport, or otherwise

comply with IFR procedures. Class E

airspace areas extending from 700 feet

or more above the surface of the earth

are published in paragraph 6005 of FAA

Order 7400.9D, dated September 4,

1996, and effective September 16, 1996,

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 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. 96–ACE–22.’’ The postcard

will be date stamped and returned to the

commenter.

Agency Findings

The regulations adopted herein will

not have substantial direct effects 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, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

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. A copy of it may be

obtained by contacting the Rules Docket

at the location provided under the

caption ADDRESSES.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

Accordingly, the Federal Aviation

Administration amends part 71 of the

Federal Aviation Regulations (14 CFR

part 71) as follows:

PART 71—AMENDED

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; 14 CFR 11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of Federal Aviation

Administration Order 7400.9D, Airspace

Designations and Reporting Points,

dated September 4, 1996, and effective

September 16, 1996, 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 Alliance, NE [Revised]

Alliance Municipal Airport, NE

(lat. 42°03′12′′ N., long. 102°48′13′′ W.)

Alliance VOR/DME

(lat. 42°03′20′′ N., long. 102°48′16′′ W.)

That airspace extending upward from 700

feet above the surface within a 6.8-mile

radius of the Alliance Municipal Airport and

within 3 miles each side of the 145° radial

of the Alliance VOR/DME extending from the

6.8-mile radius to 10.5 miles southeast of the

VOR/DME and within 3 miles each side of

the 302° radial of the Alliance VOR/DME

extending from the 6.8-mile radius to 8.7

miles northwest of the VOR/DME.

* * * * *

Issued in Kansas City, MO, on December

17, 1996.

Herman J. Lyons, Jr.,

Manager, Air Traffic Division, Central Region.

[FR Doc. 97–847 Filed 1–13–97; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 902

50 CFR Part 648

[Docket No. 960910252–6329–02; I.D.

082296B]

RIN 0648–AI77

Fisheries of the Northeastern United

States; Atlantic Sea Scallop Fishery;

Amendment 5

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.