[Federal Register Volume 71, Number 107 (Monday, June 5, 2006)]
[Rules and Regulations]
[Pages 32271-32272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5106]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2006-24869; Airspace Docket No. 06-ACE-4]


Modification of Class E Airspace; Wellington Municipal Airport, 
KS

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 the Class E airspace area at Wellington 
Municipal Airport, KS. The establishment of a non-directional beacon 
(NDB) runway (RWY) 35 standard instrument approach procedure (SIAP) 
necessitates the revision of the Class E airspace area. This airspace 
area and the legal description are revised to conform to the criteria 
in FAA Orders.

DATES: This direct final rule is effective on 0901 UTC, September 23, 
2006. Comments for inclusion in the Rules Docket must be received on or 
before July 21, 2006.

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-2006-24869/Airspace Docket No. 06-ACE-4, 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 revises the 
Class E airspace area extending upward from 700 feet AGL at Wellington 
Municipal Airport, KS. The establishment of a NDB RWY 35 SIAP 
necessitates the revision of the Class E airspace area. This airspace 
area and the legal description are revised to conform to the criteria 
in FAA Orders. The radius of the Class E airspace area is expanded from 
within a 6.3-mile radius to within a 6.8-mile radius of the airport and 
the airspace is expanded to within 2.5 miles each side of the 176[deg] 
bearing from Wellington NDB extending from the 6.8-mile radius to 7.0 
miles south of the airport. These modifications bring the legal 
description of the Wellington Municipal Airport, KS class E airspace 
area into compliance with FAA Orders 7400.2F and 8260.19C. 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 7400.9N, 
Airspace Designations and Reporting Points, dated September 1, 2005, 
and effective September 16, 2005, which is incorported by reference in 
14 CFR 71.1.
    The Class E airspace designation listed in this document would 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

[[Page 32272]]

a notice of proposed rulemaking may be published with a new comment 
period.

Comments Invited

    Interested parties are invited to participated 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, 
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-2006-24869/Airspace Docket No. 06-
ACE-4.'' 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.
    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 
Wellington Municipal Airport, KS.

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 7400.9N, dated September 1, 2005, and effective 
September 16, 2005, is amended as follows:

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

ACE KS E5 Wellington, KS

Wellington Municipal Airport, KS
    (Lat. 37[deg]19'25'' N., long. 97[deg]23'18'' W.)
Wellington NDB
    (Lat. 37[deg]19'26'' N., long. 97[deg]23'22'' W.)
Wichita VORTAC
    (Lat. 37[deg]44'43'' N., long. 97[deg]35'02'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.8-mile radius of Wellington Municipal Airport and within 
2.5 miles each side of the 007[deg] bearing from Wellington NDB 
extending from the 6.8-mile radius to 7.0 miles north of the airport 
and within 4.4 miles each side of the 159[deg] radial of the Wichita 
VORTAC extending from the 6.8-mile radius to 10.5 miles northwest of 
the airport and within 2.5 miles each side of the 176[deg] bearing 
from Wellington NDB extending from the 6.8 mile radius to 7.0 miles 
south of the airport.
* * * * *

    Issued in Kansas City, MO, on May 22, 2006.
Donna R. McCord,
Acting Area Director, Western Flight Services Operations.
[FR Doc. 06-5106 Filed 6-2-06; 8:45 am]
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