[Federal Register Volume 69, Number 183 (Wednesday, September 22, 2004)]
[Rules and Regulations]
[Pages 56690-56692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21226]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2004-18819; Airspace Docket No. 04-ACE-45]


Modification of Class D Airspace; and Modification of Class E 
Airspace; Grand Island, 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 D and Class E airspace areas at 
Grand Island, NE. A review of the controlled airspace areas at Grand 
Island, NE revealed they do not reflect the current Central Nebraska 
Regional Airport airport reference point (ARP). The review also 
identified discrepancies in the legal descriptions for the Grand 
Island, NE Class E airspace areas. These airspace areas are modified to 
conform to FAA Orders.
    The intended effect of this rule is to provide controlled airspace 
of

[[Page 56691]]

appropriate dimensions to protect aircraft departing from and executing 
Standard Instrument Approach Procedures (SIAPs) to Central Nebraska 
Regional Airport. It also corrects discrepancies in the legal 
descriptions of Grand Island, NE Class E airspace areas and brings the 
airspace areas and legal descriptions into compliance with FAA Orders.

DATES: This direct final rule is effective on 0901 UTC, January 20, 
2005. Comments for inclusion in the Rules Docket must be received on or 
before October 26, 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-2004-18819/Airspace Docket No. 04-ACE-45, 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 part 71 modifies 
the Class D airspace area, the Class E airspace area designated as a 
surface area, the Class E airspace area designated as an extension to 
the Class D airspace area and the Class E airspace area extending 
upward from 700 feet above the surface at Grand Island, NE. An 
examination of controlled airspace for Grand Island, NE revealed that 
the Central Nebraska Regional Airport ARP used in the legal 
descriptions for all airspace areas is incorrect. The location of the 
Grand Island collocated very high frequency omni-directional radio 
range and tactical air navigational aid (VORTAC) used in the Class E 
airspace area designated as an extension to the class D airspace area 
legal description is incorrect.
    The dimensions of the Class E airspace area designated as an 
extension to the Class D airspace area do not comply with airspace 
requirements as set forth in FAA Order 7400.2E, Procedures for Handling 
Airspace Matters. The widths of the extensions in this airspace area 
are decreased from 2.6 miles to 2.4 miles, the lengths are decreased 
from 7.4 miles to 7 miles from the Grand Island VORTAC and the 
centerline of the northwest extension is corrected from the Grand 
Island VORTAC 294[deg] radial to the 291[deg] radial.
    The south extension to the Class E airspace area extending upward 
from 700 feet above the surface is no longer required. Dimensions of 
the northwest and north extensions, after being brought into compliance 
with FAA Order 7400.2E, are identical to those in the Class E airspace 
area designated as an extension to the Class D airspace area. 
Therefore, extensions to the Class E airspace area extending upward 
from 700 feet above the surface are deleted from the legal description.
    These modifications provide controlled airspace of appropriate 
dimensions to protect aircraft departing from and executing SIAPs to 
Central Nebraska Regional Airport and bring the legal descriptions of 
the Grand Island, NE Class D and Class E airspace areas into compliance 
with FAA Order 7400.2E. Class D airspace areas are published in 
Paragraph 5000 of FAA Order 7400.9M, dated August 30, 2004, and 
effective September 16, 2004, which is incorporated by reference in 14 
CFR 71.1. Class E airspace areas designated as surface areas, Class E 
airspace areas designated as an extension to a Class D airspace area 
and Class E airspace area extending upward from 700 feet or more above 
the surface of the earth are published in Paragraphs 6002, 6004 and 
6005 respectively of the same FAA Order. The Class D and Class E 
airspace designations 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 a 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-2004-18819/Airspace Docket No. 04-ACE-
45.'' 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).

[[Page 56692]]

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 7400.9M, dated August 30, 2004, and effective 
September 16, 2004, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ACE NE D Grand Island, NE

Grand Island, Central Nebraska Regional Airport, NE
    (Lat. 40[deg]58'03'' N., long. 98[deg]18'35'' W.)

    That airspace extending upward from the surface to and including 
4,300 feet MSL within a 4.4-mile radius of Central Nebraska Regional 
Airport. This Class D 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 6002 Class E Airspace Designated as Surface Areas.

* * * * *

ACE NE E2 Grand Island, NE

Grand Island, Central Nebraska Regional Airport, NE
    (Lat. 40[deg]58'03'' N., long. 98[deg]18'35'' W.)

    Within a 4.4-mile radius of Central Nebraska Regional Airport. 
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 6004 Class E Airspace Designated as an Extension to a 
Class D or Class E Surface Area.

* * * * *

ACE NE E4 Grand Island, NE

Grand Island, Central Nebraska Regional Airport, NE
    (Lat. 40[deg]58'03'' N., long. 98[deg]18'35'' W.)
Grand Island VORTAC
    (Lat. 40[deg]59'03'' N., long. 98[deg]18'53'' W.)

    That airspace extending upward from the surface within 2.4 miles 
each side of the Grand Island VORTAC 291[deg] radial extending from 
the 4.4-mile radius of Central Nebraska Regional Airport to 7 miles 
northwest of the VORTAC and within 2.4 miles each side of the Grand 
Island VORTAC 360[deg] radial extending from the 4.4-mile radius of 
the airport to 7 miles north of the VORTAC.
* * * * *

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

* * * * *

ACE NE E5 Grand Island, NE

Grand Island, Central Nebraska Regional Airport, NE
    (Lat. 40[deg]58'03'' N., long. 98[deg]18'35'' W.)
Grand Island, VORTAC
    (Lat. 40[deg]59'03'' N., long. 98[deg]18'53'' W.)

    The airspace extending upward from 700 feet above the surface 
within a 6.9-mile radius of Central Nebraska Regional.
* * * * *

    Issued in Kansas City, MO, on September 9, 2004.
Paul J. Sheridan,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 04-21226 Filed 9-21-04; 8:45 am]
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