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

Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Rules and Regulations 57171

County Municipal Airport revealed it 

does not meet the criteria for 700 feet 

AGL airspace required for diverse 

departures as specified in FAA Order 

7400.2E, Procedures for Handling 

Airspace Matters. The criteria in FAA 

Order 7400.2E for an aircraft to reach 

1200 feet AGL, taking into consideration 

rising terrain, is based on a standard 

climb gradient of 200 feet per mile plus 

the distance from the airport reference 

point to the end of the outermost 

runway. Any fractional part of a mile is 

converted to the next higher tenth of a 

mile. Additionally, the examination 

revealed the dimensions of the 

extension to the airspace area were not 

in compliance with FAA Order 

8260.19C, Flight Procedures and 

Airspace. This amendment expands the 

airspace area from a 6-mile radius to a 

7.3-mile radius of Cheyenne County 

Municipal Airport, decreases the length 

of the extension ot the Class E airspace 

area from 7.4 to 7 miles from the St. 

Francis nondirectional radio beacon 

(NDB), decreases the width of the 

extension from 2.6 to 1.9 miles each 

side of the centerline and brings the 

legal description of the St. Francis, KS 

Class E airspace area into compliance 

with FAA OPrders 7400.2E and 

8260.19C. This area will be depicted on 

appropriate aeronautical charts. Class E 

airspace areas extending upward from 

700 feet or more above the surface of the 

earth are 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–2004–18821/Airspace 

Docket No. 04–ACE–47.’’ 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 15, 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 KS E5 St. Francis, KS 

St. Francis, Cheyenne County Municipal 

Airport, KS 

(Lat. 39°40′40′′ N., long. 101°47′45′′ W.) 

St. Francis NDB 

(Lat. 39°43′37′′ N., long. 101°45′54′′ W.)

That airspace extending upward from 700 

feet above the surface within a 7.3-mile 

radius of Cheyenne County Municipal 

Airport and within 1.9 miles each side of the 

144° bearing from the St. Francis NDB 

extending from the 7.3-mile radius of the 

airport to 7 miles southeast of the NDB.

* * * * *

Issued in Kansas City, MO, on September 

16, 2004. 

Paul J. Sheridan, 

Manager, Air Traffic Division, Central Region.

[FR Doc. 04–21528 Filed 9–23–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–18823; Airspace 

Docket No. 04–ACE–49] 

Modification Class E Airspace; 

Burwell, NE

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