[Federal Register Volume 69, Number 209 (Friday, October 29, 2004)]
[Rules and Regulations]
[Pages 63061-63062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24264]



[[Page 63061]]

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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.

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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 omni-directional range 
(VOR)/distance measuring equipment (DME), 137[deg] 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[deg] 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[deg] 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

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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

0
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

0
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.


Sec.  71.1  [Amended]

0
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[deg]36'19'' N., long. 98[deg]25'40'' W.)
Hastings VOR/DME
    (Lat. 40[deg]36'16'' N., long. 98[deg]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[deg] 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[deg] 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[deg] 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[deg]36'19'' N., long. 98[deg]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