Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63057

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 description and 

dimensions of the south extension to the 

airspace area were not in compliance 

with FAA Orders 7400.2E and 

8260.19C, Flight Procedures and 

Airspace and that the north extension is 

no longer required. This amendment 

expands the airspace area from a 6.7-

mile radius to a 7.1-mile radius of 

Sedalia Memorial Airport, defines the 

south extension in relation to the 

Sedalia nondirectional radio beacon 

(NDB) and eliminates the north 

extension. These modifications provide 

controlled airspace of appropriate 

dimensions to protect aircraft departing 

from the executing SIAPs to Sedalia 

Memorial Airport and bring the legal 

descriptions of the Sedalia, MO Class E 

airspace area into compliance with FAA 

Orders 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–2004–19334/Airspace 

Docket No. 04–ACE–63.’’ 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 MO E5 Sedalia, MO 

Sedalia Memorial Airport, MO 

(Lat. 38°42′25′′ N., long. 93°10′34′′ W.) 

Sedalia NDB 

(Lat. 38°42′16′′ N., long. 93°10′36′′ W.)

That airspace extending upward from 700 

feet above the surface within a 7.1-mile 

radius of Sedalia Memorial Airport and 

within 2.5 miles each side of the 166° bearing 

from the Sedalia NDB extending from the 7.1-

mile radius of the airport to 7 miles south of 

the NDB.

* * * * *

Issued in Kansas City, MO, on October 21, 

2004. 

Elizabeth S. Wallis, 

Acting Area Director, Western Flight Services 

Operations.

[FR Doc. 04–24259 Filed 10–28–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–19332; Airspace 

Docket No. 04–ACE–61] 

Modification of Class E Airspace; 

Hartington, 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 at 

Hartington, NE. A review of the Class E 

airspace area extending upward from 

700 feet above the surface at Hartington, 

63058 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 

NE revealed it is not in compliance with 

established airspace criteria and does 

not reflect the current Hartington 

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 Hartington 

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 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–2004–19332/

Airspace Docket No. 04–ACE–61, 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 extending upward 

from 700 feet above the surface at 

Hartington, NE. An examination of 

controlled airspace for Hartington, NE 

revealed the Class E airspace area does 

not comply with airspace requirements 

for diverse departures from Hartington 

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 Hartington Municipal 

Airport ARP. The examination also 

revealed compliance with airspace 

requirements for diverse departures 

eliminates the need for an extension to 

the airspace area. 

This action enlarges the Hartington, 

NE Class E airspace area extending 

upward from 700 feet above the surface 

from a 6.3-mile radius to an 8.6-mile 

radius of Hartington Municipal Airport. 

It eliminates the southeast extension, 

deletes reference to the Yankton very 

high frequency omni-directional range 

(VOR)/distance measuring equipment 

(DME) in the legal description and 

corrects the Hartington Municipal 

Airport ARP in the legal description. 

These modifications provide controlled 

airspace of appropriate dimensions to 

protect aircraft departing from and 

executing SIAPs to Hartington 

Municipal airport and bring the legal 

description of the Hartington, NE Class 

E airspace area 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–2004–19332/Airspace 

Docket No. 04–ACE–61.’’ 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.

Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63059

§ 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 Hartington, NE 

Hartington Municipal Airport, NE 

(Lat. 42°36′13′′ N., long. 97°15′10′′ W.)

That airspace extending upward from 700 

feet above the surface within an 8.6-mile 

radius of Hartington Municipal Airport.

* * * * *

Issued in Kansas City, MO, on October 21, 

2004. 

Elizabeth S. Wallis, 

Acting Area Director, Western Flight Services 

Operations.

[FR Doc. 04–24262 Filed 10-28–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–19331; Airspace 

Docket No. 04–ACE–60] 

Modification of Class E Airspace; 

Harvard, 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 at 

Harvard, NE. A review of the Class E 

airspace area extending upward from 

700 feet above the surface at Harvard, 

NE revealed it does not reflect the 

current Harvard State Airport airport 

reference point (ARP) and is not in 

compliance with established airspace 

criteria. This airspace area is modified 

to conform to 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 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–2004–19331/

Airspace Docket No. 04–ACE–60, 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 extending upward 

from 700 feet above the surface at 

Harvard, NE. An examination of 

controlled airspace for Harvard, NE 

revealed that the Harvard State Airport 

ARP used in the legal description for 

this Class E airspace area is incorrect. 

The examination also revealed that the 

Class E airspace area extension is no 

longer required in order for the airspace 

area to comply with airspace 

requirements in FAA Orders 7400.2E, 

Procedures for Handling Airspace 

Matters and 8260.19C, Flight Procedures 

and Airspace. 

This action corrects the Harvard State 

Airport ARP in the legal description, 

deletes the airspace extension and 

brings the legal description of the 

airspace area into compliance with FAA 

Orders 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–

2004–19331/Airspace Docket No. 04–

ACE–60.’’ 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