[Federal Register Volume 69, Number 104 (Friday, May 28, 2004)]
[Rules and Regulations]
[Pages 30572-30573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12175]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2004-17724; Airspace Docket No. 04-ACE-36]


Modification of Class E Airspace; Ogallala, 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 the Class E airspace area at Ogallala, NE. A 
review of the Class E airspace area extending upward from 700 feet 
above the surface at Ogallala, NE reveals it does not reflect the 
current Searle Field airport reference point (ARP) nor does it comply 
with criteria for diverse departures. This airspace area is enlarged 
and modified to conform to FAA Orders.

DATES: This direct final rule is effective on 0901 UTC, September 30, 
2004. Comments for inclusion in the Rules Docket must be received on or 
before July 27, 2004.

ADDRESSES: Send comments on this proposal to the Docket Management 
System, U.S. Department of Transportation, Room Plaza 401, 400

[[Page 30573]]

Seventh Street, SW., Washington, DC 20590-0001. You must identify the 
docket number FAA-2004-17724/Airspace Docket No. 04-ACE-36, 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 Ogallala, NE. An examination of controlled airspace for Ogallala, NE 
revealed that the Searle Field ARP used in the legal descriptions for 
this Class E airspace area is incorrect. Also, the airspace area does 
not comply with airspace requirements for diverse departures as set 
forth in FAA Order 7400.2E, Procedures for Handling Airspace Matters. 
The Ogallala, NE Class E airspace area extending upward from 700 feet 
above the surface is increased from a 6.7-mile radius to an 8.6-mile 
radius of Searle Field in order to comply with the criteria for 700 
feet above ground level (AGL) airspace required for diverse departures. 
These modifications bring the legal description of the Ogallala, NE 
Class E airspace area into compliance with FAA Order 7400.2E. 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, 
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-2004-17724/Airspace Docket No. 04-ACE-
36.'' 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: 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 part 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 Ogallala, NE

Ogallala, Searle Field, NE
    (Lat. 41[deg]07' 10'' N., long. 101[deg]46'11'' W.)

    That airspace extending upward from 700 feet above the surface 
within an 8.6-mile radius of Searle Field.
* * * * *

    Issued In Kansas City, MO, on May 18, 2004.
Paul J. Sheridan
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 04-12175 Filed 5-27-04; 8:45 am]
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