[Federal Register Volume 64, Number 170 (Thursday, September 2, 1999)]
[Rules and Regulations]
[Pages 48088-48089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22889]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Airspace Docket No. 99-ACE-39]
Amendment to Class E Airspace; Emmetsburg, IA
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule; request for comments.
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SUMMARY: This action amends the Class E airspace area at Emmetsburg
Municipal Airport, Emmetsburg, IA. The FAA has revised the
Nondirectional Radio Beacon (NDB) or Global Positioning System (GPS)
Runway (RWY) 13 Standard Instrument Approach Procedure (SIAP) to serve
Emmetsburg Municipal Airport, IA. Additional controlled airspace
extending upward from 700 feet Above Ground Level (AGL) is needed to
accommodate this SIAP and for Instrument Flight Rules (IFR) operations
at this airport. The enlarged area will contain the revised NDB or GPS
RWY 13 SIAP in controlled airspace.
In addition, a minor revision to Airport Reference Point (ARP) is
included in this document.
The intended effect of this rule is to provide controlled Class E
airspace for aircraft executing the NDB or GPS RWY 13 SIAP, amend the
ARP, 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, December 30,
1999.
Comments for inclusion in the Rules Docket must be received on or
before October 18, 1999.
ADDRESSES: Send comments regarding the rule in triplicate to: Manager,
Airspace Branch, Air Traffic Division, ACE-520, Federal Aviation
Administration, Docket Number 99-ACE-39, 601 East 12th Street, 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: 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: The FAA has revised the NDB or GPS RWY 13
SIAP to serve the Emmetsburg Municipal Airport, Emmetsburg, IA.
The amendment to Class E airspace at Emmetsburg, IA, will provide
additional controlled airspace at and above 700 feet AGL in order to
contain the revised SIAP within controlled airspace, and thereby
facilitate separation of aircraft operating under Instrument Flight
Rules (IFR). The ARP is amended and included in this document. 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 7400.9F, dated
September 10, 1998, and effective September 16, 1998, 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-39.'' 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
[[Page 48089]]
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:
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 7400.9F, Airspace Designations and
Reporting Points, dated September 10, 1998, and effective September 16,
19998, 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 Emmetsburg, IA [Revised]
Emmetsburg Municipal Airport, IA
(Lat. 43 deg.06'07''N., long. 94 deg.42'18''W.)
Emmetsburg NDB
(Lat. 43 deg.06'04''N., long. 94 deg.42'26''W.)
That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Emmetsburg Municipal Airport and within
2.6 miles each side of the 128 deg. bearing from the Emmetsburg NDB
extending from the 6.5-mile radius to 7.4 miles southeast of the
airport and within 2.5 miles each side of the 324 deg. bearing from
the Emmetsburg NDB extending from the 6.5-mile radius to 7 miles
northwest of the airport.
* * * * *
Issued in Kansas City, MO, on August 23, 1999.
Herman J. Lyons, Jr.,
Manager, Air Traffic Division, Central Region.
[FR Doc. 99-22889 Filed 9-1-99; 8:45 am]
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