[Federal Register Volume 70, Number 209 (Monday, October 31, 2005)]
[Rules and Regulations]
[Pages 62236-62237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21583]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2005-22514; Airspace Docket No. 05-AGL-07]


Modification of Legal Description of Class D Airspace; Rapid 
City, SD; Modification of Legal Description of Class D Airspace; Rapid 
City Ellsworth AFB, SD

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: An examination of controlled airspace for Rapid City Regional 
Airport, SD, and Rapid City Ellsworth AFB, SD, revealed discrepancies 
in the legal descriptions for both airports as contained in FAA order 
7400.9M. This action corrects those discrepancies by modifying the 
legal descriptions.

DATES: Effective 0901 UTC, December 22, 2005.
    Comments must be received on or before November 28, 2005.

ADDRESSES: Send comments on the 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-2005-22514/Airspace Docket No. 05-AGL-07, 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. An informal docket may also be examined 
during normal business hours at FAA Terminal Operations, Central 
Service Office, 2300 East Devon Avenue, Des Plaines, Illinois 60018.

FOR FURTHER INFORMATION CONTACT: Steve Davis, FAA Terminal Operations, 
Central Service Office, Airspace and Procedures Branch, AGL-530, 
Federal Aviation Administration, telephone (847) 294-7131, or David 
Sapadin (847) 204-7477.

SUPPLEMENTARY INFORMATION: This amendment to 14 CFR part 71 modifies 
the legal description for the Class D airspace area for Rapid City 
Regional Airport, SD, and modifies the legal description for the Class 
D airspace area at Rapid City Ellsworth AFB, SD. The areas will be 
depicted on appropriate aeronautical charts. Class D airspace 
designations are published in Paragraph 5000 of FAA Order 7400.9N, 
dated September 1, 2005, and effective September 15, 2005, which is 
incorporated by reference in 14 CFR 71.1. The Class D 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. 
A substantial number of previous opportunities provided to the public 
to comment on substantially identical actions have resulted in 
negligible 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 will be published in the Federal Register. This document may 
withdraw the direct final rule in whole or in part. After considering 
the adverse or negative comment, we may publish another direct final 
rule or publish a notice of proposed rulemaking with a new comment 
period.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by a notice of proposed rulemaking, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments, as they may desire. 
Communications should identify the Rules Docket number and be submitted 
to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended or withdrawn in light of 
the comments received. Factual information that supports the 
commenter's ideas and suggestions is extremely helpful in evaluating 
the effectiveness of this action and determining whether additional 
rulemaking action is needed. Comments are specifically invited on the 
overall regulatory, economic, environmental, and energy aspects of the 
rule that might suggest a need to modify the rule. All comments 
submitted will be available, both before and after the closing date for 
comments, in the Rules Docket for examination by interested persons. A 
report that summarizes each FAA-public contact concerned with the 
substance of this action will be filed in the Rules Docket. Commenters 
wishing the FAA to acknowledge receipt of their comments submitted in 
response to this rule must submit a self-addressed, stamped postcard on 
which the following statement is made: ``Comments to Docket No. FAA-
2005-22514/Airspace Docket No. 05-AGL-07.'' The postcard will be date 
stamped and returned to the commenter.

Agency Findings

    The regulations adopted herein will not have substantial direct 
effects 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 will not have federalism 
implications under Executive Order 13132.
    Further, the FAA has determined that this regulation is 
noncontroversial and

[[Page 62237]]

unlikely to result in adverse or negative comments and only involves an 
established body of technical regulations that require frequent and 
routine amendments to keep them operationally current. Therefore, I 
certify that 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) 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. Since this rule 
involves routine matters that will only affect air traffic procedures 
and air navigation, it does not warrant preparation of a Regulatory 
Flexibility Analysis because the anticipated impact is so minimal.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me, 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 14 CFR 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.  71.7  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9N, Airspace Designations and 
Reporting Points, dated September 1, 2005, and effective September 16, 
2005, is amended as follows:
* * * * *

Paragraph 5000 Class D Airspace

* * * * *

AGL SD D Rapid City, SD [Revised]

Rapid City Regional Airport, SD
    (Lat. 44[deg]02'43'' N., long., 103[deg]03'27'' W.)
Rapid City Ellsworth AFB, SD
    (Lat. 44[deg]08'42'' N., long., 103[deg]06'13'' W.)

    That airspace extending upward from the surface to and including 
5,700 feet MSL within a 4.4-mile radius of the Rapid City Regional 
Airport, excluding the portion north of a line between the 
intersection of the Rapid City Regional Airport 4.4-mile radius and 
the Rapid City Ellsworth AFB, SD, 4.7-mile radius. This Class D 
airspace area is effective during the specific dates and times 
established in advance by Notice to Airmen. The effective date and 
time will thereafter be continuously published in advance by Notice 
to Airmen.
* * * * *

AGL SD D Rapid City Ellsworth AFB, SD [Revised]

Rapid City Ellsworth AFB, SD
    (Lat. 44[deg]08'42'' N., long., 103[deg]06'13'' W.)
Rapid City Regional Airport, SD
    (Lat. 44[deg]02'43'' N., long., 103[deg]03'27'' W.)

    That airspace extending upward from the surface to and including 
5,800 feet MSL and within a 5.9-mile radius of Rapid City Ellsworth 
AFB to the Rapid City Regional Airport 4.4-mile radius, excluding 
that airspace south of a line between the intersection of the 
Ellsworth AFB 4.7-mile radius and the Rapid City Regional Airport 
4.4-mile radius. 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.
* * * * *

    Dated: Issued in Des Plaines, Illinois on October 12, 2005.
Nancy B. Kort,
Area Director, Central Terminal Operations.
[FR Doc. 05-21583 Filed 10-28-05; 8:45 am]
BILLING CODE 4910-13-M