[Federal Register Volume 69, Number 206 (Tuesday, October 26, 2004)]
[Rules and Regulations]
[Pages 62403-62404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23867]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No.FAA-2004-19328; Airspace Docket No. 04-ACE-57]


Modification of Class E Airspace; Nebraska City, 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 at Nebraska City, NE. 
A review of the Class E airspace area extending upward from 700 feet 
above the surface at Nebraska City, NE revealed it is not in compliance 
with established airspace criteria and does not reflect the current 
Nebraska City Municipal Airport airport reference point (ARP). This 
airspace area is modified to conform to FAA Orders. The intended effect 
of this rule is to provide controlled airspace of appropriate 
dimensions to protect aircraft departing from and executing Standard 
Instrument Approach Procedures (SIAPs) to Nebraska City Municipal 
Airport.

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 November 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-2004-19328/Airspace Docket No. 04-ACE-57, at the beginning 
of your comments. You may also submit comments on the Internet at 
htpp://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 E airspace area extending upward from 700 feet above the 
surface at Nebraska City, NE. An examination of controlled airspace for 
Nebraska City, NE revealed the Class E airspace area does not comply 
with airspace requirements for diverse departures from Nebraska City 
Municipal airport as set forth in FAA Order 7400.2E, Procedures for 
Handling Airspace Matters. The legal description of the Class E 
airspace area does not reflect the correct Nebraska City Municipal 
Airport ARP. The examination also revealed the lack of an extension to 
the airspace area necessary to protect aircraft executing SIAPs to 
Nebraska City Municipal Airport.
    This action modifies the Nebraska City, NE Class E airspace area 
extending upward from 700 feet above the surface

[[Page 62404]]

from a 7-mile radius to a 6.9-mile radius of Nebraska City Municipal 
Airport. It adds a southeast extension that is 2.5 miles each side of 
the 169[deg] bearing from the Nebraska City nondirectional radio beacon 
(NDB) extending to 7 miles southeast of the NDB. The Nebraska City NDB 
and the airspace extension are added to the legal description for the 
Class E airspace area. Additionally, the Nebraska City Regional Airport 
ARP is corrected in the legal description.
    These modifications provide controlled airspace of appropriate 
dimensions to protect aircraft departing from and executing SIAPs to 
Nebraska City Regional Airport and bring the legal descriptions of the 
Nebraska City, NE Class E airspace areas into compliance with FAA Order 
7400.2E. 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 
7400.9M, Airspace Designations and Reporting Points, dated August 30, 
2004, and effective September 16, 2004, 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-2004-19328/Airspace Docket No. 04-ACE-
57.'' 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 7400.9M, dated August 30, 2004, and effective 
September 16, 2004, 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 Nebraska City, NE

Nebraska City Municipal Airport, NE
    (Lat. 40[deg]36'25'' N., long. 95[deg]51'57'' W.)
Nebraska City NDB
    (Lat. 40[deg]36'20'' N., long. 95[deg]51'39'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.9-mile radius of Nebraska City Municipal Airport and 
within 2.5 miles each side of the 169[deg] bearing from the Nebraska 
City NDB extending from the 6.9-mile radius of the airport to 7 
miles southeast of the NDB.
* * * * *

    Issued in Kansas City, MO, on October 14, 2004.
Paul J. Sheridan,
Area Director, Western Flight Services Operations.
[FR Doc. 04-23867 Filed 10-25-04; 8:45 am]
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