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] 

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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] 

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