[Federal Register Volume 70, Number 91 (Thursday, May 12, 2005)]
[Rules and Regulations]
[Pages 24940-24941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9435]



[[Page 24940]]

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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]


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes a Class E surface area at Valentine, NE. 
It also modifies the Class E airspace area extending upward from 700 
feet above the surface at Valentine, NE.
    The effect of this rule is to provide appropriate controlled Class 
E airspace for aircraft departing from and executing instrument 
approach procedures to Miller Field, Valentine, NE and to segregate 
aircraft using instrument approach procedures in instrument conditions 
from aircraft operating in visual conditions.

EFFECTIVE DATE: 0901 UTC, July 7, 2005.

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:

History

    On Thursday, March 23, 2005, the FAA proposed to amend part 71 of 
the Federal Aviation Regulations (14 CFR part 71) to establish a Class 
E surface area and to modify other Class E airspace at Valentine, NE 
(70 FR 14601). The proposal was to establish a Class E surface area at 
Valentine, NE and also to modify the Class E5 airspace area to bring 
Valentine, NE airspace into compliance with FAA directives. Interested 
parties were invited to participate in this rulemaking proceeding by 
submitting written comments on the proposal to the FAA. No comments 
objecting to the proposal were received.

The Rule

    This amendment to 14 CFR part 71 establishes 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 will be provided by an 
Automatic Surface Observing System (ASOS) and communications will be 
direct with Denver Air Route Traffic Control Center.
    This rule also revises 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 corrects 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 brings the airspace 
area into compliance with FAA directives. Both areas will be depicted 
on appropriate aeronautical charts.
    Class E airspace areas designated as surface areas are published in 
Paragraph 6002 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 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 will be published 
subsequently in the Order.
    The FAA has determined that this regulation only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
Therefore, this regulation--(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 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 regulation is within the scope of that authority 
since it contains aircraft executing instrument approach procedures to 
Miller Field.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

0
In consideration of the foregoing, 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 6002 Class E Airspace Designated as Surface Areas.

* * * * *

ACE NE E2 Valentine, NE

Valentine, Miller Field, NE
    (Lat. 42[deg]51'128'' 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]51'28'' N., long. 100[deg]32'51'' W.)
Valentine NDB
    (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

[[Page 24941]]

radius of the airport to 7 miles southeast of the NDB.
* * * * *

    Issued in Kansas City, MO, on May 2, 2005.
Elizabeth S. Wallis,
Acting Area Director, Western Flight Services Operations.
[FR Doc. 05-9435 Filed 5-11-05; 8:45 am]
BILLING CODE 4910-13-M