[Federal Register Volume 69, Number 120 (Wednesday, June 23, 2004)]
[Rules and Regulations]
[Pages 34916-34917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14202]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2004-18012; Airspace Docket No. 04-ACE-41]


Modification of Class E Airspace; Chardron, 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 part 71) by revising Class E airspace areas at Chadron, NE. 
A review of the Class E airspace surface area and the Class E airspace 
area extending upward from 700 feet above ground level (AGL) at 
Chadron, NE reveals the Class E airspace surface area does not comply 
with criteria for extensions and neither area complies with criteria 
for diverse departures. Also, the Class E airspace area extending 
upward from 700 feet AGL does not reflect the current Chadron Municipal 
Airport airport reference point (ARO). These airspace areas are 
enlarged and modified to conform to the criteria in 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, 400 Seventh 
Street, SW., Washington, DC 20590-0001. You must identify the docket 
number FAA-2004-18012/Airspace Docket No. 04-ACE-41, 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 Chadron, NE. An examination of controlled airspace 
for Chadron, NE revealed that neither airspace area is in compliance 
with FAA Orders 7400.2E, Procedures for Handling Airspace Matters, and 
8260.19C, Flight Procedures and Airspace. The extension to the Class E 
surface area is redefined relative to the Whitney nondirectional radio 
beacon and the area is enlarged from a 4.2 to a 5.7-mile radius of 
Chadron Municipal Airport. The Class E airspace area extending upward 
from 700 feet AGL is increased from a 7.4 to a 10.7-mile radius of 
Chadron Municipal Airport in order to provide required airspace for 
diverse departures. The Chadron Municipal Airport ARP is corrected in 
the legal description. These modifications bring the legal descriptions 
of the Chadron, NW 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

[[Page 34917]]

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, 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 re specifically invited 
on the overall regulatory, aeronautical, economic, environmental, and 
energy-related aspects of the proposal. Communications should identify 
both docket numbers and be submitting 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-2004-18012/Airspace Docket No. 04-ACE-
41.'' 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 6002 Class E Airspace Designated as Surface Areas.

* * * * *

ACE NE E2 Chadron, NE

Chadron Municipal Airport, NE
    (Lat. 42[deg]50'15'' N., long. 103[deg]05'44'' W.)
    Whitney NDB
    (Lat. 42[deg]49'44'' N., long. 103[deg]05'37'' W.)

    Within a 5.7-mile radius of Chadron Municipal Airport and within 
2.5 miles each side of the 021[deg] bearing from Whitney NDB 
extending from the 5.7-mile radius of the airport to 7 miles 
northeast of the NDB. This Class E airspace area is effective during 
the specific dates and times established in advance by a Notice to 
Airmen. The effective date and time will thereafter be continuously 
published in the Airport/Facility Directory.
* * * * *

Paragraph 6005 Class E airspace areas extending upward from 700 
feet or more above the surface of the earth.

* * * * *

ACE NE E5 Chadron, NE

Chadron Municipal Airport, NE
    (Lat. 42[deg]50'15'' N., long. 103[deg]05'44'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 10.7-mile radius of Chadron Municipal Airport.
* * * * *

    Issued in Kansas City, MO, on June 10, 2004.
Paul J. Sheridan,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 04-14202 Filed 6-22-04; 8:45 am]
BILLING CODE 4910-13-M