Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Rules and Regulations 57169

■ b. Amending paragraph (b)(2) by 

adding the word ‘‘a’’ between the words 

‘‘waives’’ and ‘‘hearing.’’

Dated: September 20, 2004. 

A.J. Yates, 

Administrator, Agricultural Marketing 

Service.

[FR Doc. 04–21417 Filed 9–23–04; 8:45 am] 

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–18822; Airspace 

Docket No. 04–ACE–48] 

Modification of Class D Airspace; and 

Modification of Class E Airspace; 

Salina, KS

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This action amends title 14 

Code of Federal Regulations, part 71 (14 

CFR 71) by revising Class D and Class 

E airspace areas at Salina, KS. A review 

of the controlled airspace areas at 

Salina, KS revealed they do not reflect 

the current Salina Municipal Airport 

airport reference point (ARP) and do not 

comply with criteria for diverse 

departures. The review also identified 

other discrepancies in the legal 

descriptions for the Salina, KS Class D 

and Class E airspace areas. The intended 

effect of this rule is to provide 

controlled airspace of appropriate 

dimensions to protect aircraft departing 

from and executing Standard Instrument 

Approach Procedures (SIAPs) to Salina 

Municipal Airport. It also corrects 

discrepancies in the legal descriptions 

of Salina, KS Class D and Class E 

airspace areas and brings the airspace 

areas and legal descriptions into 

compliance with FAA Orders.

DATES: This direct final rule is effective 

on 0901 UTC, January 20, 2005. 

Comments for inclusion in the Rules 

Docket must be received on or before 

November 1, 2004.

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–2004–18822/

Airspace Docket No. 04–ACE–48, 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 adress.

FOR FURTHER INFORMATION CONTACT:

Kathy Randolph, Air Traffic Division, 

Airspace Branch, ACE–520C, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2525.

SUPPLEMENTARY INFORMATION: This 

amendment to 14 CFR part 71 modifies 

the Class D airspace area, the Class E 

airspace area designated as a surface 

area, the Class E airspace area 

designated as an extension to the Class 

D airspace area and the Class E airspace 

area extending upward from 700 feet 

above the surface at Salina, KS. An 

examination of controlled airspace for 

Salina, KS revealed that the Salina 

Municipal Airport ARP used in the legal 

descriptions for all airspace areas is 

incorrect. The location of the Salina 

collocated very high frequency omnidirectional radio range and tactical air 

nagivational aid (VORTAC) used in the 

Class E airspace area designated as an 

extension to the Class D airspace area 

legal description is incorrect. The 

examination also revealed that the 

airspace areas do not comply with 

airspace requirements for diverse 

departures as set forth in FAA Order 

7400.2E, Procedures for Handling 

Airspace Matters, and that the 

dimensions of extensions to the airspace 

areas do not comply with FAA Order 

8260.19C, Flight Procedures and 

Airspace. 

This action expands the Salina, KS 

Class D and Class E airspace area 

designated as a surface area from a 4.9-

mile to a 5.4-mile radius of Salina 

Municipal Airport. It also expands the 

Class E airspace area extending upward 

from 700 feet above the surface from a 

7.4-mile radius to an 8.4-mile radius of 

the airport and corrects the ARP and 

location of the Salina VORTAC in the 

legal descriptions. Additionally, this 

action modifies the Class E airspace area 

designated as an extension to the Class 

D airspace area reducing its width from 

2 to 1.5 miles each side of centerline 

and decreasing its length by 2 miles. 

Extensions to the Class E airspace area 

extending upward from 700 feet above 

the surface are no longer required and 

are deleted from the legal description. 

These modifications provide 

controlled airspace of appropriate 

dimensions to protect aircraft departing 

from and executing SIAPs to Salina 

Municipal Airport and bring the legal 

descriptions of the Salina, KS Class D 

and Class E airspace areas into 

compliance with FAA Orders 7400.2E 

and 8260.19C. Class D airspace areas are 

published in Paragraph 5000 of FAA 

Order 7400.9M, dated August 30, 2004, 

and effective September 16, 2004, which 

is incorporated by reference in 14 CFR 

71.1. Class E airspace areas designated 

as surface areas, Class E airspace areas 

designated as an extension to a Class D 

airspace area and Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth are 

published in Paragraphs 6002, 6004 and 

6005, respectively, of the same FAA 

Order. The Class D and Class E airspace 

designations listed in this document 

will 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 rulelmaking 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 

57170 Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Rules and Regulations 

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–2004–18822/Airspace 

Docket No. 04–ACE–48.’’ 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.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, 

Navigation (air).

Adoption of the Amendment

■ 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

■ 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.

§ 71.1 [Amended]

■ 2. The incorporation by reference in 14 

CFR 71.1 of Federal Aviation 

Administration Order 7400.9M, dated 

August 30, 2004, and effective 

September 16, 2004, is amended as 

follows:

Paragraph 5000 Class D Airspace.

* * * * *

ACE KS D Salina, KS 

Salina Municipal Airport, KS 

(Lat. 38°47′27′′ N., long. 97°39′08′′ W.)

That airspace extending upward from the 

surface to and including 3,800 feet MSL 

within a 5.4-mile radius of Salina Municipal 

Airport. This Class D airspace area is 

effective during the specific dates and times 

established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory.

* * * * *

Paragraph 6002 Class E Airspace 

Designated as Surface Areas.

* * * * *

ACE KS E2 Salina, KS 

Salina Municipal Airport, KS 

(Lat. 38°47′27′′ N., long. 97°39′08′′ W.)

Within a 5.4-mile radius of Salina 

Municipal Airport. This Class E airspace area 

is effective during the specific dates and 

times established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory.

* * * * *

Paragraph 6004 Class E Airspace 

Designated as an Extension to a Class D or 

Class E Surface Area.

* * * * *

ACE KS E4 Salina, KS 

Salina Municipal Airport, KS 

(Lat. 38°47′27′′ N., long. 97°39′08′′ W.) 

Salina VORTAC 

(Lat. 38°55′31′′ N., long. 97°37′17′′ W.)

That airspace extending upward from the 

surface within 1.5 miles each side of the 

Salina VORTAC 190° radial extending from 

the 5.4-mile radius of Salina Municipal 

Airport to 2 miles south of the VORTAC.

* * * * *

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth.

* * * * *

ACE KS E5 Salina, KS 

Salina Municipal Airport, KS 

(Lat. 38°47′127′′ N., long. 97°39′08′′ W.)

That airspace extending upward from 700 

feet above the surface within an 8.4-mile 

radius of Salina Municipal Airport.

* * * * *

Dated: Issued in Kansas City, MO, on 

September 16, 2004. 

Paul J. Sheridan, 

Manager, Air Traffic Division, Central Region.

[FR Doc. 04–21529 Filed 9–23–04; 8:45 am] 

BILLING CODE 9910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–18821; Airspace 

Docket No. 04–ACE–47] 

Modification of Class E Airspace; St. 

Francis, KS

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This action amends Title 14 

Code of Federal Regulations, part 71 (14 

CFR 71) by revising Class E airspace at 

St. Francis, KS. A review of controlled 

airspace for Cheyenne County 

Municipal Airport revealed it does not 

comply with the criteria for 700 feet 

above ground level (AGL) airspace 

required for diverse departures. The 

review also identified discrepancies in 

the legal description for the St. Francis, 

KS Class E airspace area. The area is 

modified and enlarged to conform to the 

criteria in FAA Orders.

DATES: This direct final rule is effective 

on 0901 UTC, January 20, 2005. 

Comments for inclusion in the Rules 

Docket must be received on or before 

October 28, 2004.

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–2004–18821/

Airspace Docket No. 04–ACE–47, 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:

Kathy Randolph, Air Traffic Division, 

Airspace Branch, ACE–520C, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2525.

SUPPLEMENTARY INFORMATION: This 

amendment to 14 CFR 71 modifies the 

Class E airspace area extending upward 

from 700 feet above the surface at St. 

Francis, KS. An examination of 

controlled airspace for Cheyenne