57840 Federal Register / Vol. 69, No. 187 / Tuesday, September 28, 2004 / Rules and Regulations 

published in paragraph 6005 of FAA 

Order 7400.9M, Airspace Designations 

and Reporting Points, dated August 30, 

2004, and effective September 16, 2004, 

which is incorporated by reference in 14 

CFR 71.1. The Class E airspace 

designation 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 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–2004–18820/Airspace 

Docket No. 04–ACE–46.’’ 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 

role’’ 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 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth.

* * * * *

ACE MO E5 Kennett, MO 

Kennett Memorial Airport, MO 

(Lat. 36°13′49′′ N., long. 90°02′04′′ W.) 

Kennett NDB 

(Lat. 36°13′43′′ N., long. 90°02′21′′ W.)

That airspace extending upward from 700 

feet above the surface within a 6.4-mile 

radius of Kennett Memorial Airport and 

within 2.5 miles each side of the 003° bearing 

from the Kennett NDB extending from the 

6.4-mile radius of the airport to 7 miles north 

of the NDB.

* * * * *

Dated: Issued in Kansas City, MO, on 

September 14, 2004. 

Paul J. Sheridan, 

Acting Manager, Air Traffic Division, Central 

Region.

[FR Doc. 04–21736 Filed 9–27–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2004–17608; Airspace 

Docket No. 04–AAL–07] 

Establishment of Class E Airspace; 

Teller, AK

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action establishes Class 

E airspace at Teller, AK to provide 

adequate controlled airspace to contain 

aircraft executing two new Standard 

Instrument Approach Procedures 

(SIAP). This Rule results in new Class 

E airspace upward from 700 feet (ft.) 

and 1,200 feet above the surface at 

Teller, AK.

DATES: Effective Date: 0901 UTC, 

November 25, 2004.

FOR FURTHER INFORMATION CONTACT:

Jesse Patterson, AAL–538G, Federal 

Aviation Administration, 222 West 7th 

Avenue, Box 14, Anchorage, AK 99513–

7587; telephone number (907) 271–

5898; fax: (907) 271–2850; email: 

Jesse.ctr.Patterson@faa.gov. Internet 

address: http://www.alaska.faa.gov/at.

SUPPLEMENTARY INFORMATION:

History 

On Wednesday, June 9, 2004, the FAA 

proposed to revise part 71 of the Federal 

Aviation Regulations (14 CFR part 71) to 

create new Class E airspace upward 

from 700 ft. and 1,200 ft. above the 

surface at Teller, AK (69 FR 32291). An 

error in the coordinates describing the 

airspace upward from 1,200 above the 

surface was detected and corrected on 

Friday, September 2, 2004 (69 FR 

53661). The action was proposed in 

order to add Class E airspace sufficient 

in size to contain aircraft while 

executing two new Standard Instrument 

Approach Procedures for the Teller 

Airport. The new approaches are Area 

Navigation-Global Positioning System 

(RNAV GPS) Runway (RWY) 7, original 

Federal Register / Vol. 69, No. 187 / Tuesday, September 28, 2004 / Rules and Regulations 57841

and (2) RNAV (GPS) Runway 25, 

original. New Class E controlled 

airspace extending upward from 700 

feet and 1,200 feet above the surface in 

the Teller Airport area is established by 

this action. Interested parties were 

invited to participate in this rulemaking 

proceeding by submitting written 

comments on the proposal to the FAA. 

No public comments have been 

received; thus the rule is adopted as 

proposed. 

The area will be depicted on 

aeronautical charts for pilot reference. 

The coordinates for this airspace docket 

are based on North American Datum 83. 

The Class E airspace areas designated as 

700/1200 foot transition areas are 

published in paragraph 6005 of FAA 

Order 7400.9M, Airspace Designations 

and Reporting Points, dated September 

2, 2004, and effective September 16, 

2004, which is incorporated by 

reference in 14 CFR 71.1. The Class E 

airspace designation listed in this 

document will be published 

subsequently in the Order. 

The Rule 

This revision to 14 CFR part 71 

establishes Class E airspace at Teller, 

Alaska. This additional Class E airspace 

was created to accommodate aircraft 

executing two new SIAPs and will be 

depicted on aeronautical charts for pilot 

reference. The intended effect of this 

rule is to provide adequate controlled 

airspace for IFR operations at Teller 

Airport, Teller, Alaska. 

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. It, therefore—(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 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

■ 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; 

AIRWAYS; ROUTES; AND REPORTING 

POINTS

■ 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.

§ 71.1 [Amended]

■ 2. The incorporation by reference in 14 

CFR 71.1 of Federal Aviation 

Administration Order 7400.9L, Airspace 

Designations and Reporting Points,

dated September 2, 2003, and effective 

September 16, 2003, is amended as 

follows:

* * * * *

Paragraph 6005 Class E airspace extending 

upward from 700 feet or more above the 

surface of the earth.

* * * * *

AAL AK E5 Teller, AK [New] 

Teller Airport, AK 

(Lat. 65°14′25′′ N., long. 166°20′22′′ W.)

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of the Teller Airport and that airspace 

extending upward from 1,200 feet above the 

surface within a 30-mile radius of 65°14′35′′

N, 165°53′16′′ W, excluding the Nome Class 

E airspace and that airspace designated for 

federal airways.

* * * * *

Issued in Anchorage, AK, on September 20, 

2004. 

Anthony M. Wylie, 

Acting Manager, Air Traffic Division, Alaskan 

Region.

[FR Doc. 04–21742 Filed 9–27–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2003–13850; Airspace 

Docket No. 02–AEA–19] 

RIN 2120–AA66 

Establishment of Restricted Areas 

5802C, D, and E; Fort Indiantown Gap, 

PA

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule; correction.

SUMMARY: This action corrects a final 

rule published in the Federal Register

on August 5, 2004. In that rule, the legal 

descriptions for Restricted Area 5802C, 

5802D, and 5802E (R–5802C, R–5802D, 

and R–5802E) contained an inadvertent 

error in the time of designation. This 

action corrects that error.

DATES: Effective Date: 0901 UTC, 

September 30, 2004.

FOR FURTHER INFORMATION CONTACT: Paul 

Gallant, Airspace and Rules, Office of 

System Operations and Safety, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone: (202) 

267–8783.

SUPPLEMENTARY INFORMATION: On August 

5, 2004, Airspace Docket No. 02–AEA–

19 (69 FR 47358) was published in the 

Federal Register establishing R–5802C, 

R–5802D, and R–5802E, at Fort 

Indiantown Gap, PA (69 FR 47358). The 

descriptions for R–5802C, D, and E 

contained an inadvertent error in the 

time of designation. The time of 

designation for the period ‘‘February 15 

through May 10 and September 1 

through December 15’’ was incorrectly 

listed in the rule as ‘‘0800–2400 local 

time.’’ The correct time for that period 

should have read ‘‘0800–2300 local 

time.’’ All other time periods listed in 

the rule are correct.

Correction to Final Rule

■ Accordingly, pursuant to the authority 

delegated to me, the legal descriptions 

for R–5802C, R–5802D, and R–5802E as 

published in the Federal Register on 

August 5, 2004 (69 FR 47358), are 

corrected as follows:

§ 73.58 [Corrected]

■ On page 47360, correct the time of 

designation in the legal descriptions for 

R–5802C, R–5802D, and R–5802E as 

follows:

* * * * *

R–5802C Fort Indiantown Gap, PA 

[Corrected] 

By removing the published time of 

designation and substituting the following: 

Time of designation. February 15 through 

May 10 and September 1 through December 

15, 0800–2300 local time on Saturdays and 

0800–1200 local time on Sundays; May 11 

through August 31, 0800–2400 local time on 

Saturdays and 0800–2000 local time on all 

other days; other times by NOTAM issued at 

least 48 hours in advance. 

R–5802D Fort Indiantown Gap, PA 

[Corrected] 

By removing the published time of 

designation and substituting the following: 

Time of designation. February 15 through 

May 10 and September 1 through December 

15, 0800–2300 local time on Saturdays and 

0800–1200 local time on Sundays; May 11 

through August 31, 0800–2400 local time on 

Saturdays and 0800–2000 local time on all 

other days; other times by NOTAM issued at 

least 48 hours in advance.