[Federal Register: January 16, 1998 (Volume 63, Number 11)]
[Rules and Regulations]               
[Page 2598-2599]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ja98-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97-ACE-30]

 
Amendment to Class E Airspace; Audubon, 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 Audubon County 
Airport. The FAA has developed a Global Positioning System (GPS) Runway 
(RWY) 32 Standard Instrument Approach Procedure (SIAP) to serve the 
Audubon County Airport. Additional controlled airspace 700 feet Above 
Ground Level (AGL) is needed to accommodate this SIAP. The enlarged 
area will contain the new GPS RWY 32 SIAP in controlled airspace at and 
above 700 feet AGL in order to contain the new SIAP within controlled 
airspace. The intended effect of this rule is to provide controlled 
Class E airspace for aircraft executing the GPS RWY 32 SIAP.

DATES: Effective date: 0901 UTC, April 23, 1998.
    Comments for inclusion in the Rules Docket 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, Docket Number 97-ACE-30, 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 developed a GPS RWY 32 SIAP to 
serve the Audubon County Airport, Audubon, IA. The amendment to Class E 
airspace at Audubon, IA, will provide additional controlled airspace at 
and above 700 feet AGL in order to contain the new SIAP within 
controlled airspace. 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

[[Page 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.


Sec. 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 deg.42'05''N., long. 95 deg.55'14''W.)
Audubon NDB
    (lat. 41 deg.41'25''N., long. 94 deg.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 deg. 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]
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