[Federal Register Volume 71, Number 137 (Tuesday, July 18, 2006)]
[Rules and Regulations]
[Pages 40653-40654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6281]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2006-25252; Airspace Docket No. 06-AWP-12]


Revocation of Class E2 Surface Area; Elko, NV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule, request for comments.

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

SUMMARY: This action revokes the Class E2 Surface Area airspace for 
Elko Municipal-J.C. Harris Field, Elko, NV. The FAA is taking this 
action due to the closure of the Elko Municipal Airport Traffic Control 
Tower (ATCT).

DATES: Effective Date: 0901 UTC October 26, 2006. Comment date: 
Comments for inclusion in the Rules Docket must be received on or 
before August 17, 2006.

ADDRESSES: Send comments on this direct final rule 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-2006-25252/Airspace Docket No. 06-AWP-12, 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 direct final rule, 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: Larry Tonish, Airspace Specialist, 
SWP-520, Western Terminal Service Area, Federal Aviation 
Administration, 15000 Aviation Boulevard, Lawndale, California 90261, 
telephone (310) 725-6539.

SUPPLEMENTARY INFORMATION: Airport Traffic Control Tower services are 
no longer available at Elko Regional Airport. Therefore, under Federal 
regulation, the airport no longer qualifies for Class E2 Surface Area. 
Class E2 Surface Area Designations are published in paragraph 6000 of 
FAA Order 7400.9N dated September 1, 2005 and effective September 16, 
2005, which is incorporated by reference in 14 CFR 711. The Class D 
airspace designation listed in this document will be subsequently 
removed 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. 
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

[[Page 40654]]

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

    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 both docket numbers and be submitted in 
triplicate 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 would be 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-2006-25252/Airspace Docket No. 06-AWP-12.'' 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, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    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, 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 will not have a significant economic impact on 
a substantial number of small entities under the criteria of the 
Regulatory Flexibility Act.

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; 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.  71.1  [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 6000 Class D airspace.

* * * * *

AWP NVE2 Elko, NV

Elko Municipal-J.C. Harris Field, NV.
    Remove.

    Issued in Los Angeles, California, on July 13, 2006.
Leonard A. Mobley,
Acting Area Director, Western Terminal Operations.
[FR Doc. 06-6281 Filed 7-17-06; 8:45 am]
BILLING CODE 4910-13-M