Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Rules and Regulations 62403

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–2004–19329/Airspace 

Docket No. 04–ACE–58.’’ 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 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth.

* * * * *

ACE NE E5 Imperial, NE 

Imperial Municipal Airport, NE 

(Lat. 40°30′37′′ N., long. 101°37′12′′ W.)

That airspace extending upward from 700 

feet above the surface within a 7.5-mile 

radius of Imperial Municipal Airport.

* * * * *

Issued in Kansas City, MO, on October 14, 

2004. 

Paul J. Sheridan, 

Area Director, Western Flight Services 

Operations.

[FR Doc. 04–23866 Filed 10–25–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No.FAA–2004–19328; Airspace 

Docket No. 04–ACE–57] 

Modification of Class E Airspace; 

Nebraska City, 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 

CFR part 71) by revising class E airspace 

at Nebraska City, NE. A review of the 

Class E airspace area extending upward 

from 700 feet above the surface at 

Nebraska City, NE revealed it is not in 

compliance with established airspace 

criteria and does not reflect the current 

Nebraska City Municipal Airport airport 

reference point (ARP). This airspace 

area is modified to conform to FAA 

Orders. 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 Nebraska City 

Municipal Airport.

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 26, 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–2004–19328/

Airspace Docket No. 04–ACE–57, at the 

beginning of your comments. You may 

also submit comments on the Internet at 

htpp://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:

Brenda Mumper, Air Traffic Division, 

Airspace Branch, ACE–520A, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2524.

SUPPLEMENTARY INFORMATION: This 

amendment to 14 CFR part 71 modifies 

the Class E airspace area extending 

upward from 700 feet above the surface 

at Nebraska City, NE. An examination of 

controlled airspace for Nebraska City, 

NE revealed the Class E airspace area 

does not comply with airspace 

requirements for diverse departures 

from Nebraska City Municipal airport as 

set forth in FAA Order 7400.2E, 

Procedures for Handling Airspace 

Matters. The legal description of the 

Class E airspace area does not reflect the 

correct Nebraska City Municipal Airport 

ARP. The examination also revealed the 

lack of an extension to the airspace area 

necessary to protect aircraft executing 

SIAPs to Nebraska City Municipal 

Airport. 

This action modifies the Nebraska 

City, NE Class E airspace area extending 

upward from 700 feet above the surface 

62404 Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Rules and Regulations 

from a 7-mile radius to a 6.9-mile radius 

of Nebraska City Municipal Airport. It 

adds a southeast extension that is 2.5 

miles each side of the 169° bearing from 

the Nebraska City nondirectional radio 

beacon (NDB) extending to 7 miles 

southeast of the NDB. The Nebraska City 

NDB and the airspace extension are 

added to the legal description for the 

Class E airspace area. Additionally, the 

Nebraska City Regional Airport ARP is 

corrected in the legal description.

These modifications provide 

controlled airspace of appropriate 

dimensions to protect aircraft departing 

from and executing SIAPs to Nebraska 

City Regional Airport and bring the legal 

descriptions of the Nebraska City, NE 

Class E airspace areas into compliance 

with FAA Order 7400.2E. 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–2004–19328/Airspace 

Docket No. 04–ACE–57.’’ 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 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth.

* * * * *

ACE NE E5 Nebraska City, NE 

Nebraska City Municipal Airport, NE 

(Lat. 40°36′25′′ N., long. 95°51′57′′ W.) 

Nebraska City NDB 

(Lat. 40°36′20′′ N., long. 95°51′39′′ W.)

That airspace extending upward from 700 

feet above the surface within a 6.9-mile 

radius of Nebraska City Municipal Airport 

and within 2.5 miles each side of the 169°

bearing from the Nebraska City NDB 

extending from the 6.9-mile radius of the 

airport to 7 miles southeast of the NDB.

* * * * *

Issued in Kansas City, MO, on October 14, 

2004. 

Paul J. Sheridan, 

Area Director, Western Flight Services 

Operations.

[FR Doc. 04–23867 Filed 10–25–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–19326; Airspace 

Docket No. 04–ACE–55] 

Modification of Class E Airspace; 

Oberlin, 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 part 71) by revising Class E 

airspace at Oberlin, KS. A review of 

controlled airspace for Oberlin 

Municipal Airport revealed it does not 

comply with the criteria for 700 feet 

above ground level (AGL) airspace 

required for diverse departures. 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