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 

63060 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 

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 Harvard, NE 

Harvard State Airport, NE 

(Lat. 40°39′05′′ N., long. 98°04′47′′ W.)

That airspace extending upward from 700 

feet above the surface within a 6.4-mile 

radius of Harvard State Airport.

Issued in Kansas City, MO, on October 21, 

2004. 

Elizabeth S. Wallis, 

Acting Area Director, Western Flight Services 

Operations.

[FR Doc. 04–24261 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–2004–18697; Airspace 

Docket No. 04–AWP–4] 

Establishment of Class E Airspace; 

Napa, CA

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action establishes a Class 

E airspace area to support instrument 

operations into Napa County Airport. 

This action will enable operations at 

4000 feet above Mean Sea Level (MSL) 

along the Sausalito transition to the 

VOR RWY 6 instrument approach 

procedure. A review of airspace and air 

traffic control operations made this 

action necessary. The effect of this 

proposal is to provide adequate 

controlled airspace for Instrument Flight 

Rules (IFR) operations.

EFFECTIVE DATE: 0901 UTC, January 20, 

2005.

FOR FURTHER INFORMATION CONTACT: Jeri 

Carson, Airspace Branch, Western 

Terminal Operations, Federal Aviation 

Administration, 15000 Aviation 

Boulevard, Lawndale, California; 

telephone (310) 725–6611.

SUPPLEMENTARY INFORMATION: 

History 

On Tuesday, August 17, 2004, the 

FAA proposed to amend 14 CFR part 71 

to establish Class E airspace at Napa, 

CA. (69 FR 51019). The proposal was to 

establish additional controlled airspace 

extending upward from 700 feet or more 

above the surface of the earth to enable 

Oakland Air Route Traffic Control 

Central to route aircraft along the 

Sausalito transition at 4000 feet above 

Mean Sea Level. Interested parties were 

invited to participate in this rulemaking 

proceeding by submitting written 

comments on the proposal to the FAA. 

No comments objecting to the proposal 

were received. Class E airspace 

designations are published in paragraph 

6005 of FAA Order 7400.9M 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 Rule 

This amendment to 14 CFR part 71 

establishes Class E airspace at Napa, CA 

to accommodate aircraft executing 

instrument flight procedures into Napa 

County Airport. The FAA has 

determined that this regulation only 

involves an established body of 

technical regulations for which frequent 

and routine amendments are necessary 

to keep them operationally current. 

Therefore, this regulation—(1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

Regulatory Evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule will not have 

a significant economic impact 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

■ In consideration of the foregoing, 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 95665, 3 CFR, 

1959–1963 Comp., p. 389.

§ 71.1 [Amended]

■ 2. The incorporation by reference in 14 

CFR 71.1 of the Federal Aviation 

Administration Order 7400.9M, 

Airspace Designations and Reporting 

Points, 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.

* * * * *

AWP CA E5 Napa, CA [New] 

Napa County Airport, CA 

(Lat. 38°12′47′′N, long. 122°16′50′′ W)

That airspace extending upward from 700 

feet above the surface within a 6.5 mile 

radius of the Napa County Airport, and that 

airspace bounded by a line beginning at lat. 

38°02′07′′ N, long. 122°39′41′′ W; to lat. 

37°55′05′′ N, long. 122°30′56′′ N; to lat. 

37°51′19′′ N, long. 122°30′56′′ W; to lat. 

37°50′26′′ N, long. 122°36′17′′ W; to the point 

of beginning.

* * * * *

Issued in Los Angeles, California, on 

October 18, 2004. 

John Clancy, 

Area Director, Western Terminal Operations.

[FR Doc. 04–24263 Filed 10–28–04; 8:45 am] 

BILLING CODE 4910–13–M