Federal Register / Vol. 63, No. 11 / Friday, January 16, 1998 / Rules and Regulations 2599

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this rule may be amended or withdrawn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,

aeronautical, 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. 97–ACE–30.’’ 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) 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:

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 7400.9E, Airspace

Designations and Reporting Points,

dated September 10, 1997, and effective

September 16, 1997, is amended as

follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the Earth.

* * * * *

ACE IA E5 Audubon, IA [Revised]

Audubon County Airport, IA

(lat. 41°42′05′′N., long. 95°55′14′′W.)

Audubon NDB

(lat. 41°41′25′′N., long. 94°54′36′′W.)

That airspace extending upward from 700

feet above the surface within a 6.4-mile

radius of the Audubon County Airport and

within 2.6-miles each side of the 146° bearing

from the Audubon NDB extending from the

6.4-mile radius to 7 miles southeast of the

airport.

* * * * *

Issued in Kansas City, MO, on October 24,

1997.

Herman J. Lyons, Jr.,

Manager, Air Traffic Division, Central Region.

[FR Doc. 98–1105 Filed 1–15–98; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97–ACE–11]

Amendment to Class E Airspace; Lee’s

Summit, MO

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Direct final rule; confirmation of

effective date.

SUMMARY: This notice confirms the

effective date of a direct final rule which

revises Class E airspace at Lee’s

Summit, MO.

EFFECTIVE DATE: The direct final rule

published at 62 FR 53740 is effective on

0901 UTC February 26, 1998.

FOR FURTHER INFORMATION CONTACT:

Kathy Randolph, Air Traffic Division,

Airspace Branch, ACE–520C, Federal

Aviation Administration, 601 East 12th

Street, Kansas City, Missouri 64106;

telephone: (816) 426–3408.

SUPPLEMENTARY INFORMATION: The FAA

published this direct final rule with a

request for comments in the Federal

Register on October 16, 1997 (62 FR

53740). The FAA uses the direct final

rulemaking procedure for a noncontroversial rule where the FAA

believes that there will be no adverse

public comment. This direct final rule

advised the public that no adverse

comments were anticipated, and that

unless a written adverse comment, or a

written notice of intent to submit such

an adverse comment, were received

within the comment period, the

regulation would become effective
2600 Federal Register / Vol. 63, No. 11 / Friday, January 16, 1998 / Rules and Regulations

February 26, 1998. No adverse

comments were received, and thus this

notice confirms that this direct final rule

will become effective on that date.

Issued in Kansas City, MO, on November

20, 1997.

Christopher R. Blum,

Acting Manager, Air Traffic Division Central

Region.

[FR Doc. 98–1102 Filed 1–15–98; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97–ACE–24]

Amendment to Class E Airspace;

Lincoln, NE

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule; request for

comments.

SUMMARY: This action amends the Class

E airspace area at Lincoln Municipal

Airport, Lincoln, NE. A review of the

airspace for Lincoln Municipal Airport

indicates it does not meet the criteria for

700 feet Above Ground Level (AGL)

Class E airspace as required in FAA

Order 7400.2D. The area has been

enlarged to conform to the criteria of

FAA Order 7400.2D. The intended effect

of this rule is to comply with the criteria

of FAA Order 7400.2D, and to provide

additional Class E airspace for

instrument operations.

DATES: Effective date: 0901 UTC, April

23, 1998.

Comment date: Comments must be

received on or before February 17, 1998.

ADDRESSES: Send comments regarding

the rule in triplicate to: Manager,

Airspace Branch, Air Traffic Division,

ACE–520, Federal Aviation

Administration, Airspace Docket

Number 97–ACE–24, 601 East 12th

Street, Kansas City, MO 64106.

The official docket may be examined

in the Office of 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:

Kathy Randolph, Air Traffic Division,

Airspace Branch, ACE–520C, Federal

Aviation Administration, 601 East 12th

Street, Kansas City, MO 64106;

telephone (816) 426–3408.

SUPPLEMENTARY INFORMATION: A review

of the airspace for Lincoln Municipal

Airport indicates it does not meet the

criteria for 700 feet AGL Class E

airspace as required 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 ARP to the end of the

outermost runway. Any fractional part

of a mile is converted to the next higher

tenth of a mile increment. The

amendment to Class E airspace at

Lincoln, NE, will comply with the

criteria of FAA Order 7400.2D. The area

will be depicted on appropriate

aeronautical charts. Class E airspace

areas extending from 700 feet or more

above the surface of the earth are

published in paragraph 6005 of FAA

Order 7400.9E, dated September 10,

1997, and effective September 16, 1997,

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 support 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 aeronautical

economic, environmental, and energyrelated 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 FAApublic 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

Airspace Docket No. 97–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) will not

have a significant economic impact,

positive or negative, on a substantial