Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63061

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–19330; Airspace 

Docket No. 04–ACE–59] 

Modification of Class E Airspace; 

Hastings, 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 71) by revising Class E airspace 

areas at Hastings, NE. A review of the 

controlled airspace areas at Hastings, NE 

revealed noncompliance with criteria 

for diverse departures from Hastings 

Municipal Airport. The review also 

identified other discrepancies in the 

legal descriptions for the Hastings, NE 

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 

Hastings Municipal Airport. It also 

corrects discrepancies in the legal 

descriptions of Hastings, NE Class E 

airspace areas and brings the airspace 

areas and legal descriptions into 

compliance with FAA Orders.

DATES: The 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 30, 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–2004–19330/

Airspace Docket No. 04–ACE–59, 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:

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 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 Hastings, NE. An 

examination of controlled airspace for 

Hastings, NE revealed that these Class E 

airspace areas do not comply with 

airspace requirements for diverse 

departures from Hastings Municipal 

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 Hastings Municipal Airport 

reference point (ARP). The examination 

also revealed the incorrect dimensions 

of extensions to the Class E airspace 

area designated as a surface area and the 

Class E airspace area extending upward 

from 700 feet above the surface.

The dimensions of the Hastings, NE 

Class E airspace area designated as a 

surface area are modified to 

accommodate all SIAPs serving the 

airport and to provide adequate 

controlled airspace for diverse 

departures. The radius of this airspace 

area is increased from 4.1 to 4.7 miles. 

The southeast extension to the airspace 

area is defined in relation to the 

Hastings very high frequency omnidirectional range (VOR)/distance 

measuring equipment (DME), 137°

radial, increased in width from 1.8 to 

2.4 miles each side of centerline and 

defined in length as extending 7 miles 

southeast of the VOR/DME. The 

southwest extension to the airspace area 

is defined in relation to the VOR/DME 

219° radial, decreased in width from 2.6 

to 2.4 miles each side of centerline and 

defined in length as extending 7 miles 

southwest of the VOR/DME. The 

northwest extension to the airspace area 

is defined in relation to the 330° bearing 

from the airport and decreased in length 

from 8.3 to 5.6 miles from the airport. 

The dimensions of the Hastings, NE 

Class E airspace area extending upward 

from 700 feet above the surface are 

modified to appropriate dimensions to 

accommodate all SIAPs serving the 

airport and to provide adequate 

controlled airspace for diverse 

departures. The radius of this airspace 

area is increased from a 6.7 to 7.2 miles 

and all extensions are eliminated. The 

Hastings VOR/DME is added to the legal 

description for the Class E area 

designated as a surface area and the 

Hastings Municipal 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 Hastings Municipal 

Airport and bring the legal descriptions 

of the Hastings, NE Class E airspace 

areas into compliance with FAA Orders 

7400.2E and 8260.19C, Flight 

Procedures and Airspace. 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 

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 

63062 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 

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–2004–19330/Airspace 

Docket No. 04–ACE–59.’’ 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 NE E2 Hastings, NE 

Hastings Municipal Airport, NE 

(Lat. 40°36′19′′ N., long. 98°25′40′′ W.) 

Hastings VOR/DME 

(Lat. 40°36′16′′ N., long. 98°25′47′′ W.)

Within a 4.7-mile radius of Hastings 

Municipal Airport; and within 2.4 miles each 

side of the Hastings VOR/DME 137° radial 

extending from the 4.7-mile radius of the 

airport to 7 miles southeast of the VOR/DME; 

and within 2.4 miles each side of the 

Hastings VOR/DME 219° radial extending 

from the 4.7-mile radius of the airport to 7 

miles southwest of the VOR/DME; and 

within 1.8 miles each side of the 330° bearing 

from the Hastings Municipal Airport 

extending from the 4.7-mile radius to 5.6 

miles northwest of the 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 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth.

* * * * *

ACE NE E5 Hastings, NE 

Hastings Municipal Airport, NE 

(Lat. 40°36′19′′ N., long. 98°25′40′′ W.)

That airspace extending upward from 700 

feet above the surface within a 7.2-mile 

radius of Hastings Municipal Airport.

* * * * *

Issued in Kansas City, MO on October 19, 

2004. 

Paul J. Sheridan, 

Area Director, Western Flight Services 

Operations.

[FR Doc. 04–24264 Filed 10–28–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR 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; correction. 

SUMMARY: This action corrects a direct 

final rule; request for comments that 

was published in the Federal Register

on Tuesday, October 19, 2004, (69 FR 

61439) [FR Doc. 04–23387]. It corrects 

an error in the legal description of the 

Class E airspace area extending upward 

from 700 feet above the surface at Dodge 

City, KS.

DATES: This direct final rule is effective 

on 0901 UTC, January 20, 2005.

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: 

History 

Federal Register Document 04–23387, 

published on Tuesday, October 19, 

2004, (69 FR 61439) modified 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. The 

modification corrected discrepancies in 

the Dodge City Regional Airport airport 

reference point used in the legal 

descriptions, corrected the airspace 

dimensions to protect for diverse 

departures, established an extension to 

the airspace area extending upward 

from 700 feet above the surface and 

brought the legal descriptions of the 

Dodge City, KS Class E airspace areas 

into compliance with FAA Orders 

7400.2E, Procedures for Handling 

Airspace Matters, and 8260.19C, Flight 

Procedures and Airspace. However, 

there was a typographical error in the 

legal description for the Class E airspace 

area extending upward from 700 feet 

above the surface.

■ Accordingly, pursuant to the authority 

delegated to me, the legal description of 

the Class E airspace area extending 

upward from 700 feet above the surface 

at Dodge City, KS, as published in the 

Federal Register on Tuesday, October 

19, 2004, (69 FR 61439) [FR Doc. 04–

23387] is corrected as follows:

PART 71—[CORRECTED]

§ 71.1 [Corrected]

■ On page 61440, Column 2, fourth 

paragraph, third line from the bottom, 

change ‘‘6.8’’ to read ‘‘6.7’’.

Issued in Kansas City, MO on October 19, 

2004. 

Paul J. Sheridan, 

Area Director, Western Flight Services 

Operations.

[FR Doc. 04–24265 Filed 10–28–04; 8:45 am] 

BILLING CODE 4910–13–M