[Federal Register Volume 71, Number 122 (Monday, June 26, 2006)]
[Rules and Regulations]
[Pages 36190-36192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5671]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2006-25007; Airspace Docket No. 06-ACE-5]


Modification of Class E Airspace; Scottsbluff, Western Nebraska 
Regional Airport/William B. Heilig Field, 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

[[Page 36191]]

CFR part 71) by revising Class E airspace areas at Scottsbluff, Western 
Nebraska Regional Airport/William B. Heilig Field, NE. The 
establishment of a Localizer/Distance Measuring Equipment (LOC/DME) 
Instrument Approach Procedure (IAP) to Runway (RWY) 12 requires the 
modification of the Class E airspace area beginning at 700 feet above 
ground level (AGL). This airspace area and the legal description are 
modified to conform to the criteria in the FAA Orders.

DATES: This direct final rule is effective on 0901 UTC, September 28, 
2006. Comments for inclusion in the Rules Docket must be received on or 
before August 1, 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-2006-25007/Airspace Docket No. 06-ACE-5, 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. to 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 71 modifies the 
Class E airspace area extending upward from 700 feet AGL (E5) at 
Scottsbluff, Western Nebraska Regional Airport/William B. Heilig Field, 
NE. The establishment of a Localizer/Distance Measuring Equipment (LOC/
DME) Instrument Approach Procedure (IAP) to Runway (RWY) 12 requires 
the modification by replacing the reference to the Gering Non-
Directional Beacon (NDB) with the following: Within 3.1 miles each side 
of the 316[deg] bearing from the airport extending from the 7.8-mile 
radius of the airport to 10.4 miles northwest of the airport. This 
modification brings the legal description of the Scottsbluff, Western 
Nebraska Regional Airport./William B. Heilig Field, NE Class E5 
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, Airpsace Designations and Reporting Points, dated September 1, 
2005, and effective September 16, 2005, which is incorporated by 
reference in 14 CFR 71.1. The Class E airspace designations 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 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-2006-25007/Airspace Docket No. 06-ACE-5.'' 
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.
    The 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 
Scottsbluff, Western Nebraska Regional Airport/William B. Heilig Field, 
NE.

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 the Federal 
Aviation Administration Order 7400.9N, dated September 1, 2005, and 
effective

[[Page 36192]]

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 NE E5 Scottsbluff, NE

Scottsbluff, Western Nebraska Regional Airport/William B. Heilig 
Field, NE
    (Lat. 41[deg]52'27'' N., long. 103[deg]35'44'' W.)
Scottsbluff VORTAC
    (Lat. 41[deg]53'39'' N., long. 103[deg]28'55'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 7.8 radius of Western Nebraska Regional Airport/William B. 
Heilig Field and within 2.5 miles each side of the Scottsbluff 
VORTAC 078[deg] radial extending from the 7.8-mile radius of the 
airport to 7 miles east of VORTAC and within 2.5 miles each side of 
the VORTAC 256[deg] radial extending from the 7.8-mile radius of the 
airport to 17.2 miles west of VORTAC and within 3.1 miles each side 
of the 316[deg] bearing from the airport extending from the 7.8-mile 
radius of the airport to 10.4 miles northwest of the airport.
* * * * *

    Issued in Kansas City, MO on June 13, 2006.
Donna R. McCord,
Acting Area Director, Western Flight Services Operations.
[FR Doc. 06-5671 Filed 6-23-06; 8:45 am]
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