Federal Register, Volume 61 Issue 103 (Tuesday, May 28, 1996)

[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Pages 26431-26433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13255]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71

[Airspace Docket No. 95-AWA-7]


Modification of the Offutt AFB, Class C Airspace Area; NE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule will modify the Class C airspace area at Offutt AFB, 
NE, by eliminating the 1-mile exclusion around the South Omaha Airport 
due to its closure. In addition, this action will reduce controller 
workload.

EFFECTIVE DATE: 0901 UTC, August 15, 1996.

FOR FURTHER INFORMATION CONTACT: Bil Nelson, Airspace and Rules 
Division, ATA-400, Office of Air Traffic Airspace Management, Federal 
Aviation Administration, 800 Independence Avenue, SW., Washington, DC 
20591; telephone: (202) 267-3075.

SUPPLEMENTARY INFORMATION:

History

    On November 1, 1995, the FAA proposed to amend part 71 of the 
Federal Aviation Regulations (14 CFR part 71) to modify the Class C 
airspace area at Offutt AFB, NE (60 FR 55498). Interested parties were 
invited to participate in this rulemaking proceeding by submitting 
written comments on the proposal to the FAA. No comments were received 
concerning the proposal. Except for editorial changes, this amendment 
is the same as that proposed in the notice. Class C airspace 
designations are published in paragraph 4000 of FAA Order 7400.9C dated 
August 17, 1995, and effective September 16, 1995, which is 
incorporated by reference in 14 CFR 71.1. The Class C airspace 
designation listed in this document will be published subsequently in 
the Order.

The Rule

    This amendment to part 71 of the Federal Aviation Regulations (14 
CFR part 71) modifies the Class C airspace area at Offutt AFB, NE. This 
amendment eliminates the 1-mile exclusion around the South Omaha 
Airport due to its closure. The action returns this airspace to the 
surface area of the established Class C airspace.

Regulatory Evaluation Summary

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs that each Federal agency 
shall propose or adopt a regulation only upon a reasoned determination 
that the benefits of the intended regulation justify its costs. Second, 
the Regulatory Flexibility Act of 1980 requires agencies to analyze the 
economic effect of regulatory changes on small entities. Third, the 
Office of Management and Budget directs agencies to assess the effect 
of regulatory changes on international trade. In conducting these 
analyses, the FAA has determined that this final rule is not ``a 
significant regulatory action'' as defined in the Executive Order and 
the Department of Transportation Regulatory Policies and Procedures.
    This final rule will modify the Class C airspace area at Offutt 
AFB, NE. The

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rule will delete the 1-mile airspace exclusion around South Omaha 
Airport and standardize air traffic operations.

Costs

    The FAA has determined that the implementation of the final rule to 
modify the Class C airspace area at Offutt AFB, NE, will result in 
little or no cost to either the agency or aircraft operators. The 
elimination of the 1-mile airspace exclusion around the South Omaha 
Airport will not reduce aviation safety nor increase the risk of a 
midair collision because that airport is closed. Also, the revision to 
aeronautical charts to reflect the airspace modification will be part 
of the routine and periodic updating of charts. Finally, the FAA will 
not incur any additional administrative costs for either personnel or 
equipment.

Benefits

    The final rule will generate benefits for system users and the FAA 
primarily in the form of enhanced operational efficiency. The final 
rule will provide additional controlled airspace for aircraft landing 
at and departing from the Offutt AFB, NE. Air traffic controllers will 
gain operational efficiency as they will be able to standardize air 
traffic operations.

Final Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) was enacted by 
Congress to ensure that small entities are not unnecessarily and 
disproportionately burdened by Federal regulations. The RFA requires a 
Regulatory Flexibility Analysis if a final rule will have ``a 
significant economic impact on a substantial number of small 
entities.'' FAA Order 2100.14A outlines the FAA's procedures and 
criteria for implementing the RFA. Small entities are independently 
owned and operated small businesses and small not-for-profit 
organizations. A substantial number of small entities is defined as a 
number that is 11 or more and which is more than one-third of the small 
entities subject to this final rule.
    The FAA determined that revising the Class C airspace area at 
Offutt AFB will not result in a significant economic impact on a 
substantial number of small entities. This determination was made 
because there are little or no costs associated with this final rule.

International Trade Impact Assessment

    This final rule will not constitute a barrier to international 
trade, including the export of U.S. goods and services to foreign 
countries and the import of foreign goods and services into the United 
States. This final rule will not impose costs on aircraft operators or 
aircraft manufacturers in the United States or foreign countries. The 
modification of the Class C airspace area will only affect U.S. 
terminal airspace operating procedures at and in the vicinity of Offutt 
AFB, NE. This final rule will not have international trade 
ramifications because it is a domestic airspace matter that will not 
impose additional costs or requirements on affected entities.

Conclusion

    In view of the minimal cost of compliance, the benefits of enhanced 
aviation safety, and increased operational efficiency of air traffic 
controllers, the FAA believes that this final rule is cost-beneficial.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 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.


Sec. 71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9C, Airspace Designations and 
Reporting Points, dated August 17, 1995, and effective September 16, 
1995, is amended as follows:

Paragraph 4000--Subpart C--Class C Airspace

* * * * *
ACE NE C Offutt AFB, NE [Revised]
Offutt AFB, NE
    (lat. 41 deg.07'06''N, long. 95 deg.54'45''W.)

    That airspace extending upward from the surface to and including 
5,000 feet MSL within a 5-mile radius of Offutt AFB, and that 
airspace extending upward from 2,500 feet MSL to and including 5,000 
feet MSL within a 10-mile radius of the Offutt AFB excluding that 
airspace designated as the Eppley Airfield, Omaha, NE, Class C 
airspace area.
* * * * *
    Issued in Washington, DC, on May 13, 1996
Harold W. Becker,
Acting Program Director for Air Traffic, Airspace Management.

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[FR Doc. 96-13255 Filed 5-24-96; 8:45 am]
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