This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

61439

Vol. 69, No. 201

Tuesday, October 19, 2004

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–19325; Airspace 

Docket No. 04–ACE–54] 

Modification of Class E Airspace; 

Dodge City, 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 

areas at Dodge City, KS. A review of the 

controlled airspace areas at Dodge City, 

KS revealed noncompliance with 

criteria for diverse departures from 

Dodge City Regional Airport. The 

review also identified other 

discrepancies in the legal descriptions 

for the Dodge City, KS 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 Dodge City 

Regional Airport. It also corrects 

discrepancies in the legal descriptions 

of Dodge City, KS 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 22, 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–2004–19325/

Airspace Docket No. 04–ACE–54, 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 designated as a 

surface area and the Class E airspace 

area extending upward from 700 feet 

above the surface at Dodge City, KS. An 

examination of controlled airspace for 

Dodge City, KS revealed that these Class 

E airspace areas do not comply with 

airspace requirements for diverse 

departures from Dodge City Regional 

Airport as set forth in FAA Order 

7400.2E, Procedures for Handling 

Airspace Matters. The legal description 

of neither class E airspace area reflects 

the correct Dodge City Regional Airport 

airport reference point (ARP). The 

examination also revealed the lack of an 

extension to the Class E airspace area 

extending upward from 700 feet above 

the surface necessary to protect aircraft 

executing SIAPs.

This action modifies the Dodge City, 

KS Class E airspace area designated as 

a surface area from a 4.3-mile to a 4.2-

mile radius of Dodge City Regional 

Airport. It expands the Class E airspace 

area extending upward from 700 feet 

above the surface from a 6.5-mile to a 

6.7-miles radius of Dodge City Regional 

Airport and adds a southeast extension. 

The extension is defined by the Dodge 

City collocated very high frequency 

omni-directional radio range and 

tactical air navigational aid (VORTAC) 

160° radial, is 3.8 miles wide and 

extends to 11.4 miles southeast of the 

airport. The Dodge City VORTAC and 

the airspace extension are added to the 

legal description for the Class E airspace 

area extending upward from 700 feet 

above the surface. Additionally, the 

Dodge City Regional Airport ARP is 

corrected in both legal descriptions. 

These modifications provide 

controlled airspace of appropriate 

dimensions to protect aircraft departing 

from and executing SIAPs to Dodge City 

Regional Airport and bring the legal 

descriptions of the Dodge City, KS Class 

E airspace areas into compliance with 

FAA Order 7400.2E. Class E airspace 

areas designated as surface areas are 

published in Paragraph 6002 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 extending 

upward from 700 feet or more above the 

surface of the earth are published in 

Paragraphs 6005 of the same FAA 

Order. The 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 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 

61440 Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / Rules and Regulations 

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–2004–19325/Airspace 

Docket No. 04–ACE–54.’’ 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 6002 Class E Airspace 

Designated as Surface Areas.

* * * * *

ACE KS E2 Dodge City, KS 

Dodge City Regional Airport, KS 

(Lat. 37°45′48′′ N., long. 99°57′56′′ W.)

Within a 4.2-mile radius of Dodge City 

Regional Airport.

* * * * *

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth.

* * * * *

ACE KS E5 Dodge City, KS 

Dodge City Regional Airport, KS 

(Lat. 37°45′48′′ N., long. 99°57′56′′ W.) 

Dodge City VORTAC 

(Lat. 37°51′02′′ N., long. 100°00′20′′ W.)

That airspace extending upward from 700 

feet above the surface within a 6.7-mile 

radius of Dodge City Regional Airport and 

within 1.9 miles each side of the Dodge City 

VORTAC 160° radial extending from the 6.8-

mile radius of the airport to 17 miles 

southeast of the VORTAC.

* * * * *

Issued in Kansas City, MO on October 7, 

2004. 

Paul J. Sheridan, 

Area Director, Western Flight Services 

Operations.

[FR Doc. 04–23387 Filed 10–18–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100

[CGD05–04–138] 

RIN 1625–AA08

Special Local Regulation for Marine 

Events; Southern Branch, Elizabeth 

River, Portsmouth, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is 

establishing temporary special local 

regulations during the ‘‘International 

Search and Rescue Competition’’, a 

marine event to be held on the waters 

of the Southern Branch of the Elizabeth 

River at Portsmouth, Virginia. These 

special local regulations are necessary to 

provide for the safety of life on 

navigable waters during the event. This 

regulation will restrict vessel traffic in 

portions of the Southern Branch of the 

Elizabeth River during the event.

DATES: This rule is effective from 8 a.m. 

on November 5, 2004, to 6 p.m. on 

November 6, 2004.

ADDRESSES: Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, are part of 

docket CGD05–04–138 and are available 

for inspection or copying at Commander 

(oax), Fifth Coast Guard District, 431 

Crawford Street, Portsmouth, Virginia 

23704–5004, between 9 a.m. and 2 p.m., 

Monday through Friday, except Federal 

holidays.

FOR FURTHER INFORMATION CONTACT:

Dennis Sens, Project Manager, Auxiliary 

and Recreational Boating Safety Branch, 

at (757) 398–6204.

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On August 30, 2004, we published a 

notice of proposed rulemaking (NPRM) 

entitled Special Local Regulations for 

Marine Events; Southern Branch, 

Elizabeth River, Portsmouth, VA in the 

Federal Register (69 FR 52840). We 

received no letters commenting on the 

proposed rule. No public meeting was 

requested, and none was held. 

Under 5 U.S.C. 553(d)(3) the Coast 

Guard finds good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register because delaying the rule 

would be impractical and contrary to 

public interest as the event will take 

place on November 5 and 6, 2004. 

Background and Purpose 

On November 5 and 6, 2004, the Coast 

Guard and Canadian Auxiliaries will 

sponsor the ‘‘International Search and 

Rescue Competition’’, a marine event to 

be held on the waters of the Southern 

Branch of the Elizabeth River at 

Portsmouth, Virginia. The event will 

consist of International teams competing 

in various events designed to 

demonstrate competence in maritime 

search and rescue techniques. To 

provide for the safety of participants, 

spectators and support vessels, the 

Coast Guard will temporarily restrict 

vessel traffic in the Southern Branch of 

the Elizabeth River, including the North 

Ferry Landing, during the event. 

Discussion of Comments and Changes 

No comments were received in 

response to the notice of proposed 

rulemaking (NPRM) published in the 

Federal Register. Accordingly, the Coast