Amendment to Class E Airspace, Fremont, NE

DEPARTMENT OF TRANSPORTATION

14 CFR Part 71

[Docket No. 97-ACE-2]

Amendment to Class E Airspace, Fremont, NE

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 Fremont

Municipal Airport, Fremont, NE. The Federal Aviation Administration has

developed a Standard Instrument Approach Procedure (SIAP) based on the

Global Positioning System (GPS) which has made this change necessary.

The effect of this rule is to provide additional controlled airspace

for aircraft arriving or departing the Fremont Municipal Airport.

DATES: Effective date. 0901 UTC July 17, 1997.

Comment date. Comments must be received on or before April 30,

1997.

ADDRESSES: Send comments regarding the rule in triplicate to: Manager,

Operations Branch, Air Traffic Division, ACE-530, Federal Aviation

Administration, Docket Number 97-ACE-2, 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 Fremont Municipal Airport, Fremont, NE. The amendment to Class

E airspace at Fremont, 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

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

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. 97-ACE-2.'' 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.

[[Page 11077]]

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 Fremont, NE [Revised]

Fremont Municipal Airport, NE

(lat. 41 deg.26'57''N., long. 96 deg.31'13''W.)

Fremont NDB

(lat. 41 deg.27'01''N., long. 96 deg.31'05''W.)

That airspace extending upward from 700 feet above the surface

within 6.6-mile radius of the Fremont Municipal Airport and within

2.6 miles each side of the 306 bearing from the Fremont NDB

extending from the 6.6-mile radius to 7 miles northwest of the

airport.

* * * * *

Issued in Kansas City, MO, on February 21, 1997.

Herman J. Lyons, Jr.,

Manager, Air Traffic Division, Central Region.

[FR Doc. 97-5902 Filed 3-10-97; 8:45 am]

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