[Federal Register Volume 69, Number 117 (Friday, June 18, 2004)]
[Rules and Regulations]
[Pages 34061-34063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13837]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2004-18011; Airspace Docket No. 04-ACE-40]


Modification of Class E Airspace; Lexington, 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 changing the title of ``Lexington, Lexington/Jim 
Kelly Field, NE'' Class E airspace area to ``Lexington, NE'' and by 
revising this Class E airspace area. Two area navigation (RNAV) global 
positioning system (GPS) standard instrument approach procedures 
(SIAPs), one very high frequency omni-directional range (VOR) SIAP and 
one nondirectional radio beacon (NDB) SIAP have been developed to serve 
Jim Kelly Field. Class E airspace extending upward from 700 feet above 
the surface at Lexington, NE does not adequately protect for diverse 
departures.
    The intended effect of this rule is to provide controlled airspace 
of appropriate dimensions to protect aircraft departing and executing 
SIAPs to Jim Kelly Field and to title the airspace area appropriately. 
It enlarges the Lexington, NE Class E airspace area, increases the 
width of the airspace extension and brings the airspace area and legal 
description into compliance with FAA Orders.

 This 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

[[Page 34062]]

System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh 
Street, SW., Washington, DC 20590-0001. You must identify the docket 
number FAA-2004-18011/Airspace Docket No. 04-ACE-40, 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 Lexington, NE. A review of the airspace area reveals it is 
incorrectly titled. RNAV (GPS) Runway (RWY) 32, ORIGINAL SIAP; RNAV 
(GPS) RWY 14, ORIGINAL SIAP; VOR RWY 14, AMENDMENT (AMDT) 4 SIAP and 
NDB RWY 14, AMDT 3 SIAP have been developed to serve Jim Kelly Field. 
The dimensions of the Lexington, NE Class E airspace area are modified 
to accommodate all SIAPs serving the airport and to provide adequate 
controlled airspace for diverse departures. The radium of the airspace 
area is increased from 6.6 to 8 miles. The current extension to the 
airspace area is increased in width from 2.6 to 3.2 miles each side of 
center. No other extensions are required. This action changes the title 
of this Class E airspace area from ``Lexington, Lexington/Jim Kelly 
Field, NE'' to ``Lexington, NE'' and corrects an error in the published 
Jim Kelly Field airport reference point (ARP). It brings the airspace 
area and its legal description into compliance with FAA Orders 7400.2E, 
Procedures for Handling Airspace Matters and 8260.19C, Flight 
Procedures and Airspace. 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 7400.9L, 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-2004-18011/Airspace Docket No. 04-ACE-
40.'' 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 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 Lexington, NE

Lexington, Jim Kelly Field, NE
    (Lat. 40[deg]47'28'' N., long. 99[deg]46'38'' W.)
Darr NDB
    (Lat. 40[deg]50'40'' N., long. 99[deg]51'22'' W.)

    That airspace extending upward from 700 feet above the surface 
within an 8-mile radius of Jim Kelly Field and within 3.2 miles each 
side of the 311[deg] bearing from the Darr NDB extending from the 8-
mile radius of the airport to 7 miles northwest of the NDB.
* * * * *


[[Page 34063]]


    Issued in Kansas City, MO, on June 7, 2004.
Elizabeth S. Wallis,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 04-13837 Filed 6-17-04; 8:45 am]
BILLING CODE 4910-13-M