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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

CFR Citation: 14 CFR Part 71

DOCUMENT ID: [Airspace Docket No. 99-ACE-30]

NOTICE: RULES

ACTION: Airworthiness directives:

DOCUMENT ACTION: Direct final rule; request for comments.

SUBJECT CATEGORY: Amendment to Class E Airspace; Albion, NE

DATES: This direct final rule is effective on 0901 UTC, August 10, 2000.

Comments for inclusion in the Rules Docket must be received on or before June 15, 2000.

DOCUMENT SUMMARY: This action amends the Class E airspace area at Albion Municipal Airport, Albion, NE. The FAA has developed Global Positioning System (GPS) Runway (RWY) 15 and GPS RWY 33 Standard Instrument Approach Procedures (SIAPs) to serve Albion Municipal Airport, NE. Additional controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to accommodate these SIAPs and for Instrument Flight Rules (IFR) operations at this airport. The enlarged area will contain the GPS RWY
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15 and GPS RWY 33 SIAPs in controlled airspace.

In addition, a minor revision to the Airport Reference Point (ARP) and Alaby NDB coordinates is included in this document.

The intended effect of this rule is to provide controlled Class E airspace for aircraft executing GPS RWY 15, GPS RWY 33, revise the ARP and NDB coordinates and to segregate aircraft using instrument approach procedures in instrument conditions from aircraft operating in visual conditions.

SUMMARY: Class E airspace,

SUPPLEMENTAL INFORMATION

The FAA has developed GPS RWY 15 and GPS RWY 33 SIAPs to serve the Albion Municipal Airport, NE. The amendment to Class E airspace at Albion, NE, will provide additional controlled airspace at and above 700 feet AGL in order to contain the SIAPs within controlled airspace, and thereby facilitate separation of aircraft operating under Instrument Flight Rules (IFR). The amendment at Albion Municipal Airport, NE, will provide additional controlled airspace for aircraft operating under IFR. 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 7400.9G, dated September 10, 1999, and effective September 16, 1999, 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 with 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 energyrelated 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 FAApublic 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 selfaddressed, stamped postcard on which the following statement is made: ``Comments to Docket No. 99ACE30.'' The postcard will be date 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 Subject 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 71DESIGNATION 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, 19591963 Comp., p. 389.

Sec. 71.1 [Amended]

2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
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Administration Order 7400.9G Airspace Designations and Reporting Points, dated September 10, 1999, and effective September 16, 1999, 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 Albion, NE [Revised]
Albion Municipal Airport, NE
(Lat. 41 deg.43'43"N., long. 98 deg.03'21"W.
Alaby NDB

(Lat. 41 deg.43'47"N., long. 98 deg.03'10"W.

That airspace extending upward from 700 feet above the surface within a 6.5mile radius of Albion Municipal Airport and within 2.6 miles each side of the 159 deg. bearing from the Alaby NDB extending from the 6.5mile radius to 7 miles southeast of the airport. * * * * *

Issued in Kansas City, MO, on April 21, 2000.
Richard L. Day,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 0011317 Filed 5400; 8:45 am] BILLING CODE 491013M

FOR FURTHER INFORMATION CONTACT Brenda Mumper, Air Traffic Division, Airspace Branch, ACE520A, DOT Regional Headquarters Building, Federal Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: (816) 3292524.