[Federal Register Volume 69, Number 91 (Tuesday, May 11, 2004)]
[Rules and Regulations]
[Pages 26033-26034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10639]



[[Page 26033]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2004-17432; Airspace Docket No. 04-ACE-30]


Modification of Class E Airspace; Superior, NE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action amends Title 14 Code of Federal Regulations, part 
71 (14 CFR 71) by revising Class E airspace at Superior, NE. A review 
of controlled airspace for Superior Municipal Airport revealed it does 
not comply with the criteria for 700 feet above ground level (AGL) 
airspace required for diverse departures. The review also identified 
discrepancies in the legal description for the Superior, NE Class E 
airspace area. The area is modified and enlarged to conform to the 
criteria in FAA Orders.

DATES: This direct final rule is effective on 0901 UTC, August 5, 2004. 
Comments for including in the Rules Docket must be received on or 
before June 8, 2004.

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-2004-17432/Airspace Docket No. 04-ACE-30, 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 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 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 
Class E airspace area extending upward from 700 feet above the surface 
at Superior, NE. An examination of controlled airspace for Superior 
Municipal Airport revealed it does not meet the criteria for 700 feet 
AGL airspace required for diverse departures as specified in FAA Order 
7400.2E, Procedures for Handling Airspace Matters. The criteria in FAA 
Order 7400.2E for an aircraft to reach 1,200 feet AGL is based on a 
standard climb gradient of 200 feet per mile plus the distance from the 
airport reference point (ARP) to the end of the outermost runway. Any 
fractional part of a mile is converted to the next higher tenth of a 
mile. The examination also identified discrepancies in the Superior 
Municipal Airport ARP used in the Class E airspace legal description. 
This amendment expands the airspace area from a 6-mile radius to a 6.5-
mile radius of Superior Municipal Airport, corrects the ARP in the 
legal description and brings the legal description of the Superior, NE 
Class E airspace area into compliance with FAA Order 7400.2E. This 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 7400.9L, Airspace 
Designations and Reporting Points, dated September 2, 2003, and 
effective September 16, 2003, 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 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-2004-17432/Airspace Docket No. 04-ACE-
30.'' 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, 19779;) 
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:

[[Page 26034]]

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 7400.9L, dated September 2, 2003, and effective 
September 16, 2003, 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 Superior, NE

Superior Municipal Airport, NE
    (Lat. 40[deg]02'47 '' N., long. 98[deg]03'36'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.5-mile radius of Superior Municipal Airport.
* * * * *

    Issued in Kansas City, MO, on April 27, 2004.
Paul J. Sheridan,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 04-10639 Filed 5-10-04; 8:45 am]
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