[Federal Register Volume 69, Number 111 (Wednesday, June 9, 2004)]
[Rules and Regulations]
[Pages 32255-32256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12983]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2004-17429; Airspace Docket No. 04-ACE-28]


Modification of Class E Airspace; Scottsbluff, 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 areas at Scottsbluff, NE. 
William B. Heilig Field has been renamed Western Nebraska Regional 
Airport/William B. Heilig Field and its airport reference point (ARP) 
revised. The Scottsbluff Class E airspace surface area and Class E 
airspace area extending upward from 700 feet above the surface (AGL) 
are each expanded and the extensions to these airspace areas eliminated 
and/or redefined. The effect of this rule is to provide controlled 
airspace of appropriate dimensions for aircraft departing and executing 
instrument approach procedures (IAPs) at Western Nebraska Regional 
Airport/William B. Heilig Field, to replace ``William B. Heilig Field'' 
with ``Western Nebraska Regional Airport/William B. Heilig Field'' in 
the legal description of Scottsbluff, NE Class E airspace areas, to 
incorporate the correct ARP and to bring the Scottsbluff, NE Class E 
airspace areas and their legal descriptions into compliance with 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 29, 2004.

ADDRESSES: Send comments on this proposal to the Docket Management 
System, U.S. Department of Transportation, Room Plaza 401, Seventh 
Street, SW., Washington, DC 20590-0001. You must identify the docket 
number FAA-2004-17429/Airspace Docket No. 04-ACE-28, 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 surface area and the Class E airspace area extending upward 
from 700 feet AGL at Scottsbluff, NE. William B. Heilig Field has been 
renamed Western Nebraska Regional Airport/William B. Heilig Field and 
its ARP revised. Neither airspace area complies with airspace 
requirements for diverse departures as set forth in FAA Order 7400.2E, 
Procedures for Handling Airspace Matters. Extensions to both airspace 
area are eliminated and/or redefined in order to comply with FAA Order 
8260.19C, Flight Procedures and Airspace. ``William B. Heilig Field'' 
is replaced with ``Western Nebraska Regional Airport/William B. Heilig 
Field'' in the legal descriptions of Scottsbluff, NE Class E airspace 
areas and the ARP amended to reflect current data. The Scottsbluff, NE 
Class E surface area is increased from a 4.5-mile radius to a 5.3-mile 
radius of Western Nebraska Regional Airport/William B. Heilig Field, 
thereby complying with requirements for diverse departures and 
eliminating the need for extensions.
    The Class E airspace area extending upward from 700 feet above the 
surface is increased from a 6.8-mile radius to a 7.8-radius of Western 
Nebraska Regional Airport/William B. Heilig Field in order to comply 
with the criteria for 700 feet AGL airspace required for diverse 
departures. The east extension of this airspace area is redefined as 
extending 7 miles east of the Scottsbluff collocated very high 
frequency omni-directional radio range and tactical air navigational

[[Page 32256]]

aid (VORTAC) versus the current 11.2 miles and its width reduced to 
from 4 miles south and 6 miles north to 2.5 five miles each side of the 
VORTAC 078[deg] radial. The southeast extension is no longer required 
and its therefore eliminated. The west extension of this airspace area 
is lengthened .2 miles and redefined as 2.5 miles each side of the 
Scottsbluff VORTAC 256[deg] radial versus the current 4 miles each 
side. The northwest extension is redefined in relation to the Gering 
nondirectional radio beacon (NDB), is reduced in length by 2.4 miles 
and reduced in width from 4 miles southwest and 6 miles northeast to 
2.5 five miles each side of the 317[deg] bearing from the Gering NDB.
    These modifications bring the legal descriptions of the 
Scottsbluff, NE Class E airspace areas into compliance with FAA Orders 
7400.2E and 8260.19C. Class E airspace areas designated as surface 
areas are published in Paragraph 6002 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. Class E airspace areas extending upward from 700 feet or more 
above the surface of the earth are published in Paragraph 6005 of the 
same Order. The Class E airspace designations listed in this document 
would 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, and 
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 
buy 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-2004-17429/
Airspace Docket No. 04-ACE-28.'' 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 
responsiblietis 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 71.1 of Federal Aviation 
Administration Order 7400.9L, dated September 2, 2003, and effective 
September 16, 2003, is amended as follows:

Paragraph 6002 Class E Airspace Designated as Surface Areas.
* * * * *

ACE NE E2 Scottsbluff, NE

    Scottsbluff, Western Nebraska Regional Airport/William B. Heilig 
Field, NE (lat. 41[deg]52'27'' N., long. 103[deg]35'44'' W.)
    Within a 5.3-mile radius of Western Nebraska Regional Airport/
William B. Heilig Field.
* * * * *
Paragraph 6005 Class E airspace areas extending upward from 700 feet 
or more above the surface of the earth.
* * * * *

ACE NE E5 Scottsbluff, NE

    Scottsbluff, Western Nebraska Regional Airport/William B. Heilig 
Field, NE (lat. 41[deg]52'27'' N., long. 103[deg]35'44'' W.)
Scottsbluff VORTAC
    (lat. 41[deg]53'39'' N., long. 103[deg]28'55'' W.)
Gering NDB
    (lat. 41[deg]56'40'' N., long. 103[deg]40'59'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 7.8 radius of Western Nebraska Regional Airport/William B. 
Heilig Field and within 2.5 miles each side of the Scottsbluff 
VORTAC 078[deg] radial extending from the 7.8-mile radius of the 
airport to 7 miles east of VORTAC and within 2.5 miles each side of 
the VORTAC 256[deg] radial extending from the 7.8-mile radius of the 
airport to 17.2 miles west of VORTAC and within 2.5 miles each side 
of the 317[deg] bearing from the Gering NDB extending from the 7.8-
mile radius of the airport to 7 miles northwest of the NDB.
* * * * *

    Issued in Kansas City, MO, on May 25, 2004.
Paul J. Sheridan,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 04-12983 Filed 6-8-04; 8:45 am]
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