[Federal Register Volume 69, Number 135 (Thursday, July 15, 2004)]
[Rules and Regulations]
[Pages 42331-42332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16102]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2004-18014; Airspace Docket 04-ACE-43]


Modification of Class E Airspace; Fairbury, 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 Fairbury, NE. A review 
of the Class E airspace area extending upward from 700 feet above the 
surface at Fairbury, NE revealed it does not reflect the current 
Fairbury Municipal Airport reference point (ARP) and is not in 
compliance with established airspace criteria. 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 August 10, 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-2004-18014/Airspace Docket No. 04-ACE-43, 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 Friday 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 part 71 modifies 
the Class E airspace area extending upward from 700 feet above the 
surface at Fairbury, NE. An examination of controlled airspace for 
Fairbury, NE revealed that the Fairbury Municipal Airport ARP used in 
the legal description for this Class E airspace area is incorrect and 
that 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 examination also identified a 
discrepancy in the length of an extension to the Class E airspace area. 
The legal description was not in compliance with FAA Order 8260.19C, 
Flight Procedures and Airspace.
    This action expands the Fairbury, NE Class E airspace area 
extending upward from 700 feet above the surface from a 6.4-mile radius 
to a 7-mile radius of Fairbury Municipal Airport, corrects the ARP in 
the legal description, increases the length of the north extension from 
9.6 to 9.9 miles and brings the legal description of the Fairbury, NE 
Class E airspace area into compliance with FAA Orders 7400.2E and 
8260.19C. 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-2004-18014/Airspace Docket No. 04-ACE-
43.'' 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,

[[Page 42332]]

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 Fairbury, NE

Fairbury Municipal Airport, NE
    (Lat. 40[deg]10[min]59[sec]N., long. 97[deg]10[min]09[sec]W.)
BUXBI Waypoint
    (Lat. 40[deg]06[min]40[sec]N., long. 97[deg]10[min]12[sec]W.)

    That airspace extending upward from 700 feet above the surface 
within a 7-mile radius of Fairbury Municipal Airport and within 4 
miles each side of the 360[deg] bearing from the airport extending 
from the 7-mile radius to 9.9 miles north of the airport, and within 
4 miles each side of the 167[deg] bearing from BUXBI waypoint 
extending from the 7-mile radius of the airport to 4.3 miles 
southeast of BUXBI waypoint.
* * * * *

    Issued in Kansas City, MO, on June 30, 2004.
Paul J. Sheridan,
Acting Manager, Air Traffic Division, Central Region
[FR Doc. 04-16102 Filed 7-14-04; 8:45 am]
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