[Federal Register Volume 74, Number 90 (Tuesday, May 12, 2009)]
[Rules and Regulations]
[Pages 22093-22094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10989]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0120; Airspace Docket No. 09-ACE-2]


Establishment of Class E Airspace; Rushville, NE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace at Rushville, NE. 
Controlled airspace is necessary to accommodate Area Navigation (RNAV) 
Standard Instrument Approach Procedures (SIAPs) at Modisett Airport, 
Rushville, NE. The FAA is taking this action to enhance the safety and 
management of Instrument Flight Rule (IFR) operations at Modisett 
Airport.

DATES: Effective Date: 0901 UTC, August 27, 2009. The Director of the 
Federal Register approves this incorporation by reference action under 
1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and 
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center, 
Operations Support Group, Federal Aviation Administration, Southwest 
Region, 2601 Meacham Blvd, Fort

[[Page 22094]]

Worth, TX 76137; telephone (817) 321-7716.

SUPPLEMENTARY INFORMATION: 

History

    On March 2, 2009, the FAA published in the Federal Register a 
notice of proposed rulemaking to establish Class E airspace at 
Rushville, NE, adding controlled airspace at Modisett Airport, 
Rushville, NE. (74 FR 9053, Docket No. FAA-2009-0120). Interested 
parties were invited to participate in this rulemaking effort by 
submitting written comments on the proposal to the FAA. No comments 
were received. Class E airspace designations are published in paragraph 
6005 of FAA Order 7400.9S signed October 3, 2008, and effective October 
31, 2008, which is incorporated by reference in 14 CFR Part 71.1. The 
Class E airspace designations listed in this document will be published 
subsequently in the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
Part 71 by establishing Class E airspace at Rushville, NE, adding 
controlled airspace at Modisett Airport, Rushville, NE, for the safety 
and management of IFR aircraft operations.
    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. The FAA's authority to 
issue rules regarding aviation safety is found in Title 49 of the U.S. 
Code. Subtitle 1, Section 106, describes the authority of the FAA 
Administrator. Subtitle VII, Aviation Programs, describes in more 
detail the scope of the agency's authority. 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 airspace necessary to 
ensure the safety of aircraft and the efficient use of airspace. This 
regulation is within the scope of that authority as it adds controlled 
airspace at Modisett Airport, Rushville, NE.

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, B, C, D, AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE 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 Part 71.1 of the Federal 
Aviation Administration Order 7400.9S, Airspace Designations and 
Reporting Points, signed October 3, 2008, and effective October 31, 
2008, is amended as follows:

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

* * * * *

ACE NE E5 Rushville, NE [New]

Rushville, Modisett Airport, NE
(Lat. 42[deg]44'12'' N., long. 102[deg]26'40'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 7.3-mile radius of Modisett Airport.
* * * * *

    Issued in Fort Worth, TX, on April 24, 2009.
Roger M. Trevino,
Acting Manager, Operations Support Group, Central Service Center.
[FR Doc. E9-10989 Filed 5-11-09; 8:45 am]
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