[Federal Register Volume 74, Number 172 (Tuesday, September 8, 2009)]
[Rules and Regulations]
[Pages 45983-45984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21268]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0191; Airspace Docket No. 09-ACE-4]


Establishment of Class E Airspace; Neligh, NE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

DATES: 0901 UTC, December 17, 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 Worth, TX 76137; telephone (817) 321-
7716.

SUPPLEMENTARY INFORMATION: 

History

    On June 24, 2009, the FAA published in the Federal Register a 
notice of proposed rulemaking to establish Class E airspace at Neligh, 
NE, adding controlled airspace extending upward from 700 feet above the 
surface, at Antelope County Airport, Neligh, NE. (74 FR 30024, Docket 
No. FAA-2009-0191). 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 extending upward from 700 feet 
above the surface at Antelope County Airport, Neligh, NE, for the 
safety and management of IFR operations at the airport.
    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 Antelope County Airport, Neligh, 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

[[Page 45984]]

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 Neligh, NE [New]

Antelope County Airport, NE
    (Lat. 42[deg]06'44'' N., long. 98[deg]02'23'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 7.7-mile radius of Antelope County Airport and within 3.3 
miles either side of the 193[deg] bearing from the airport extending 
from the 7.7-mile radius to 10.2 miles south of the airport, and 
within 2.2 miles either side of the 013[deg] bearing from the 
airport extending from the 7.7-mile radius to 10.1 miles north of 
the airport.
* * * * *

    Issued in Fort Worth, Texas, on August 25, 2009.
Ronnie L. Uhlenhaker,
Acting Manager, Operations Support Group, ATO Central Service Center.
 [FR Doc. E9-21268 Filed 9-4-09; 8:45 am]
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