[Federal Register Volume 70, Number 55 (Wednesday, March 23, 2005)]
[Proposed Rules]
[Pages 14601-14603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5763]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2005-20572; Airspace Docket No. 05-ACE-9]


Proposed Establishment of Class E2 Airspace; and Modification of 
Class E5 Airspace; Valentine, NE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice proposes to create a Class E2 surface area at 
Valentine, NE. It also proposes to modify the Class E5 airspace at 
Valentine, NE.

DATES: Comments for inclusion in the Rules Docket must be received on 
or before May 2, 2005.

[[Page 14602]]


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-2005-20572/Airspace Docket No. 05-ACE-9, 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:

Comments Invited

    Interested parties are invited to participate in this proposed 
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-2005-20572/
Airspace Docket No. 05-ACE-9.'' The postcard will be date/time stamped 
and returned to the commenter.

Availability of NPRM's

    An electronic copy of this document may be downloaded through the 
Internet at http://dms.dot.gov. Recently published rulemaking documents 
can also be accessed through the FAA's Web page at http://www.faa.gov 
or the Superintendent of Document's Web page at http://www.access.gpo.gov/nara.
    Additionally, any person may obtain a copy of this notice by 
submitting a request to the Federal Aviation Administration (FAA), 
Office of Air Traffic Airspace Management, ATA-400, 800 Independence 
Avenue, SW., Washington, DC 20591, or by calling (202) 267-8783. 
Communications must identify both docket numbers for this notice. 
Persons interested in being placed on a mailing list for future NPRM's 
should contact the FAA's Office of Rulemaking (202) 267-9677, to 
request a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution System, which describes the application 
procedure.

The Proposal

    This notice proposes to amend part 71 of the Federal Aviation 
Regulations (14 CFR part 71) to establish Class E airspace designated 
as a surface area for an airport at Valentine, NE. The FAA has modified 
some existing instrument approach procedures (IAPs) and developed area 
navigation (RNAV) global positioning system (GPS) IAPs to serve Miller 
Field, Valentine, NE. Controlled airspace extending upward from the 
surface of the earth is needed to contain aircraft executing these 
IAPs. Weather observations would be provided by an Automatic Surface 
Observing System (ASOS) and communications would be direct with Denver 
Air Route Traffic Control Center.
    This notice also proposes to revise the Class E airspace area 
extending upward from 700 feet above the surface at Valentine, NE. An 
examination of this Class E airspace area for Valentine, NE revealed 
noncompliance with FAA directives. This proposal would correct 
identified discrepancies by eliminating the northwest extension to the 
airspace area, decreasing the width of the southeast extension from 2.6 
miles to 2.5 miles each side of the 149[deg] bearing from the Valentine 
nondirectional radio beacon (NDB), decreasing the length of the 
southeast extension in from 7.9 miles from the airport to 7 miles from 
the NDB, defining airspace of appropriate dimensions to protect 
aircraft departing and executing instrument approach procedures to 
Miller Field and bringing the airspace area into compliance with FAA 
directives. Both areas would be depicted on appropriate aeronautical 
charts.
    Class E airspace areas designated as surface areas are published in 
Paragraph 6002 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 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 this document 
would be published subsequently in the Order.
    The FAA has determined that this proposed regulation only involves 
an established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
It, therefore, (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under DOT 
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); 
and (3) does not warrant preparation of a Regulatory Evaluation as the 
anticipated impact is so minimal. Since this is a routine matter that 
will only affect air traffic procedures and air navigation, it is 
certified that this rule, when promulgated, will not have a significant 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act.
    This proposed rulemaking is promulgated under the authority 
described in subtitle VII, part A, subpart I, section 40103. Under that 
section, the FAA is charged with prescribing regulations to assign the 
use of the airspace necessary to ensure the safety of aircraft and the 
efficient use of airspace. This proposed regulation is within the scope 
of that authority since it would contain aircraft executing instrument 
approach procedures to Miller Field.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 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

    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]

    2. The incorporation by reference in 14 CFR 71.1 of Federal 
Aviation Administration Order 7400.9M, Airspace Designations and 
Reporting Points, dated August 30, 2004, and Effective September 16, 
2004, is amended as follows:

[[Page 14603]]

Paragraph 6002 Class E Airspace Designated as Surface Areas

* * * * *

ACE NE E2 Valentine, NE

Valentine, Miller Field, NE
    (Lat. 42[deg]51'28'' N., long. 100[deg]32'51'' W.)
Valentine NDB
    (Lat. 42[deg]51'42'' N., long. 100[deg]32'59'' W.)

    Within a 4-mile radius of Miller Field and within 2.5 miles each 
side of the 149[deg] bearing from the Valentine NDB extending from 
the 4-mile radius of the airport to 7 miles southeast of the NDB.
* * * * *

Paragraph 6005 Class E Airspace Areas Extending Upward From 700 
Feet or More Above the Surface of the Earth

* * * * *

ACE NE E5 Valentine, NE

Valentine, Miller Field, NE
    (Lat. 42[deg]51'42'' N., long. 100[deg]32'59'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.5-mile radius of Miller Field and within 2.5 miles each 
side of the 149[deg] bearing from the Valentine NDB extending from 
the 6.5-mile radius of the airport to 7 miles southeast of the NDB.
* * * * *

    Issued in Kansas City, MO, on March 10, 2005.
Anthony D. Roetzel,
Acting Area Director, Western Flight Services Operations.
[FR Doc. 05-5763 Filed 3-22-05; 8:45 am]
BILLING CODE 4910-13-M