[Federal Register: July 29, 2005 (Volume 70, Number 145)]
[Rules and Regulations]
[Page 43741-43742]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jy05-2]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2005-21707; Airspace Docket No. 05-ACE-22]
Modification of Legal Description of Class C and Class E
Airspace; Lincoln, NE
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: An examination of controlled airspace for Lincoln, NE revealed
discrepancies in the airport name. This action corrects the airport
name and removes references to effective dates and times established in
advance by a Notice to Airmen from the legal descriptions for Class C
and Class E airspace. The effective dates and times are now
continuously published in the Airport/Facility Directory.
DATES: This direct final rule is effective on 0901 UTC, October 27,
2005. Comments for inclusion in the Rules Docket must be received on or
before August 29, 2005.
ADDRESSES: Send comments on this proposal to the Docket Management
System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh
Street, SW., Washington, DC 20590-0001. You must identify the docket
number FAA-2005-21707/Airspace Docket No. 05-ACE-22, at the beginning
of your comments. You may also submit comments on the Internet at
http://dms.dot.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Docket Office between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Docket Office (telephone 1-800-647-5527)
is on the plaza level of the Department of Transportation NASSIF
Building at the above address.
FOR FURTHER INFORMATION CONTACT: Brenda Mumper, Air Traffic Division,
Airspace Branch, ACE-520A, DOT Regional Headquarters Building, Federal
Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone:
(816) 329-2524.
SUPPLEMENTARY INFORMATION: This amendment to 14 CFR 71 modifies the
legal description of Class C airspace, Class E airspace designated as a
surface area and Class E airspace beginning at 700 feet above the
surface at Lincoln, NE. Class C airspace areas are published in
paragraph 4000 of FAA Order 7400.9M, Airspace Designations and
Reporting Points, dated August 30, 2004, and effective September 16,
2004, which is incorporated by reference in 14 CFR 71.1. Class E
airspace areas are published in Paragraph 6002 and 6005 of the same FAA
Order. The Class C and Class E airspace designations 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
[[Page 43742]]
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. 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
Interested parties are invited to participate in this rulemaking by
submitting such written data, views, or arguments, as they may desire.
Comments that provide the factual basis supporting the views and
suggestions presented are particularly helpful in developing reasoned
regulatory decisions on the proposal. Comments are specifically invited
on the overall regulatory, aeronautical, economic, environmental, and
energy-related aspects of the proposal. Communications should identify
both docket numbers and be submitted in triplicate to the address
listed above. Commenters wishing the FAA to acknowledge receipt of
their comments on this notice must submit with those comments a self-
addressed, stamped postcard on which the following statement is made:
``Comments to Docket No. FAA-2005-21707/Airspace Docket No. 05-ACE-
22.'' The postcard will be date/time stamped and returned to the
commenter.
Agency Findings
The regulations adopted herein will not have a substantial direct
effect 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, it
is determined that this final rule does not have federalism
implications under Executive Order 13132.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation--(1) is not ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
since it contains aircraft executing instrument approach procedures to
Lincoln Airport.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
0
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
0
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]
0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9M, dated August 30, 2004, and effective
September 16, 2004, is amended as follows:
Paragraph 4000 Class C airspace.
* * * * *
ACE NE C Lincoln Airport, NE
Lincoln Airport, NE
(Lat. 40[deg]51'03'' N., long. 96[deg]45'33'' W.)
That airspace extending upward from the surface to and including
5,200 feet MSL within a 5-mile radius of the Lincoln Airport and
that airspace extending upward from 2,700 feet MSL to 5,200 feet MSL
within a 10-mile radius of the airport.
* * * * *
Paragraph 6002 Class E Airspace Designated as a Surface Area.
* * * * *
ACE NE E2 Lincoln Airport, NE
Lincoln Airport, NE
(Lat. 40[deg]51'03'' N., long. 96[deg]45'33'' W.)
Within a 5-mile radius of the Lincoln Airport
* * * * *
Paragraph 6005 Class E Airspace areas extending upward from 700 feet
or more above the surface of the earth.
* * * * *
ACE NE E5 Lincoln, NE
Lincoln Airport, NE
(Lat. 40[deg]51'03'' N., long. 96[deg]45'33'' W.)
Lincoln VORTAC
(Lat. 40[deg]55'26'' N., long. 96[deg]44'31'' W.)
Lincoln Airport ILS
(Lat. 40[deg]52'02'' N., long. 96[deg]45'42'' W.)
That airspace extending upward from 700 feet above the surface
within a 7.4-mile radius of the Lincoln Airport and within 3.9 miles
each side of the 014[deg] radial of the Lincoln VORTAC extending
from the 7.4-mile radius to 10 miles north of the VORTAC and within
6 miles east and 4 miles west of the Lincoln ILS localizer course
extending from the 7.4-mile radius to 18 miles south of the airport
and within 4 miles east and 6 miles west of the Lincoln ILS
localizer course extending from the 7.4-mile radius to 14.7 miles
north of the airport, excluding that airspace within the Lincoln
Airport, NE, Class C airspace area.
* * * * *
Issued in Kansas City, MO, on July 19, 2005.
Elizabeth S. Wallis,
Acting Area Director, Western Flight Services Operations
[FR Doc. 05-14977 Filed 7-28-05; 8:45 am]
BILLING CODE 4910-13-M