[Federal Register: August 12, 2003 (Volume 68, Number 155)]
[Rules and Regulations]               
[Page 47844-47845]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au03-4]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2003-15719; Airspace Docket No. 03-ACE-61]

 
Modification of Class E Airspace; Seward, NE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: An examination of controlled airspace for Seward, NE revealed 
discrepancies in the Seward Municipal Airport airport reference point 
and in the location of the Seward nondirectional radio beacon (NDB), 
both used in the legal description for the Seward, NE Class E airspace 
area. This action corrects the discrepancies by modifying the Seward, 
NE Class E airspace and by incorporating the current Seward Municipal 
Airport airport reference point and the current

[[Page 47845]]

location of the Seward NDB in the Class E airspace legal description.

EFFECTIVE DATE: This direct final rule is effective on 0901 UTC, 
December 25, 2003. Comments for inclusion in the Rules Docket must be 
received on or before September 25, 2003.

ADDRESSES: Send comments on this rule 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-2003-15719/Airspace Docket No. 03-ACE-61, at the beginning of your 
comments. You may also submit comments on the Internet at http://www.dms.dot.gov.
 You may review the public docket containing the 
proposal, any comments received, and any final disposition in person in 
the Dockets 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 Municipal 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 
Class E airspace area extending upward from 700 feet above the surface 
at Seward, NE. It incorporates the current airport reference point for 
Seward Municipal Airport and the current location of the Seward NDB. It 
brings the legal description of this airspace area into compliance with 
FAA Order 7400.2E, Procedures for Handling Airspace Matters. 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 7400.9K, dated 
August 30, 2002, and effective September 16, 2002, 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. 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 conforming 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 advise. 
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-2003-15710/Airspace Docket No. 03-ACE-
61.'' 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 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.

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:  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 7400.9K, dated August 30, 2002, and effective 
September 16, 2002, 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 Seward, NE

Seward Municipal Airport, NE
    (Lat. 40[deg]51'53'' N., long. 97[deg]06'33'' W.)
Seward NDB
    (Lat. 40[deg]51'41'' N., long. 97[deg]06'43'' W.)

    The airspace extending upward from 700 feet above the surface 
within a 6.4-mile radius of Seward Municipal Airport and within 4 
miles each side of the 166[deg] bearing from the Seward NDB 
extending from the 6.4-mile radius to 14 miles southeast of the NDB 
and within 4 miles each side of the 359[deg] bearing from the Seward 
NDB extending from the 6.4-mile radius to 13 miles north of the NDB.
* * * * *

    Issued in Kansas City, MO, on July 28, 2003.
Herman J. Lyons, Jr.
Manager, Air Traffic Division, Central Region.
[FR Doc. 03-20407 Filed 8-11-03; 8:45 am]

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