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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 71
          - [Docket No. FAA-2006-23545; Airspace Docket No. 06-ACE-1]

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Direct final rule; request for comments. 

# SUMMARY:

This action modifies the Class E airspace at Gothenburg Quinn Field, NE. The FAA has developed Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAP) to Runways (RWY) 3 and 21 at Gothenburg, Quinn Field, NE. Additional controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to accommodate the SIAPs.

The intended effect of this rule is to provide controlled Class E airspace for aircraft executing the SIAPs and to segregate aircraft using instrument approach procedures in instrument conditions from aircraft operating in visual conditions.

# DATES:

This direct final rule is effective on 0901 UTC, June 8, 2006. Comments for inclusion in the Rules Docket must be received on or before March 1, 2006.

# 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-2006-23545/Airspace Docket No. 06-ACE-1, 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 part 71 modifies the Class E airspace beginning at 700 feet above the surface at Gothenburg, Quinn Field, NE to contain Instrument Flight Rule (IFR) operations in controlled airspace. The area will be depicted on appropriate aeronautical charts. Class E airspace areas are published in Paragraph 6005 of FAA Order 7400.9N, Airspace Designation and Reporting Points, dated September 1, 2005, and effective September 16, 2005, which is incorporated by reference in 14 CFR 71.1. 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 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-2006-23545/Airspace Docket No. 06-ACE-1.” 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 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 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 rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 2579); 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, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.  

This rulemaking is promulgated under the authority described in subtitle VII, part A, subpart I, section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority since it contains aircraft executing instrument approach procedures to Gothenburg, Quinn Field, NE.  

# List of Subjects in 14 CFR Part 71

      - Airspace
      - Incorporation by reference
      - Navigation (air)

      ( print page 4243)    

## 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, 25 FR 9565, 3 CFR, 2559-2563 Comp., p. 389.

§ 71.1 

2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9N, dated September 1, 2005, and effective September 16, 2005, 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 Gothenburg, NE

Gothenburg, Quinn Field, NE

(Lat. 40°55′35″ N., long. 100°08′54″ W.)

That airspace extending upward from 700 feet above the surface within an 8.4-mile radius of Quinn Field and within 4 miles each side of the 030° bearing from the airport extending from the 8.4-mile radius to 11.1 miles northeast of the airport, and within 4 miles each side of the 218° bearing from the airport extending from the 8.4-mile radius to 10.5 miles southwest of the airport. 

* * * * *

Issued in Kansas City, MO, on January 10, 2006. 

Paul J. Sheridan,

Area Director, Western Flight Services Operations.

[FR Doc. 06-725 Filed 1-25-06; 8:45 am]

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