Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 53919 

word ‘‘Stephan’’ with the word ‘‘Stefan’’

in the airport name. In the third line of 

the following legal description replace 

the word ‘‘Stephan’’ with the word 

‘‘Stefan’’ in the airport name. 

Dated: Issued in Kansas City, MO, on 

September 2, 2005. 

Elizabeth S. Wallis, 

Acting Area Director, Western Flight Services 

Operations. 

[FR Doc. 05–18158 Filed 9–12–05; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2005–21607; Airspace 

Docket No. 05–ACE–17] 

Establishment of Class E5 Airspace; 

Gardner, KS 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This rule establishes a Class 

E surface area airspace area extending 

upward from 700 feet above the surface 

at Gardner, KS. 

The effect of this rule is to provide 

appropriate controlled Class E airspace 

for aircraft departing from and executing 

approach procedures to, Gardner 

Municipal Airport, KS and to segregate 

aircraft using instrument approach 

procedures in instrument conditions 

from aircraft operating in visual 

conditions. 

EFFECTIVE DATE: 0901 UTC, October 27, 

2005. 

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: 

History 

On Thursday, August 4, 2005 the FAA 

proposes to amend part 71 of the 

Federal Aviation Regulations (14 CFR 

part 71) to establish Class E airspace at 

Gardner, KS (70 FR 44868). The 

proposal was to establish a Class E5 

airspace area to bring Gardner, KS 

airspace into compliance with FAA 

directives. Interested parties were 

invited to participate in this rulemaking 

proceeding by submitting written 

comments on the proposals to the FAA. 

No comments objecting to the proposal 

were received. 

The Rule 

This notice amends part 71 of the 

Federal Aviation Regulations (14 CFR 

part 71) by establishing a Class E 

airspace area extending upward from 

700 feet above the surface at Gardner 

Municipal Airport, KS. A Class E 

airspace area overlies Gardner 

Municipal Airport, KS, however, its 

purpose and description are relative to 

Olathe, New Century Aircenter, KS and 

does not fully enclose the NDB or GPS–

D Instrument Approach Procedure to 

Gardner Municipal Airport, KS. This 

notice will correct this discrepancy by 

establishing a Class E airspace area 

extending upward from 700 feet above 

the surface within a 6.4 mile-radius of 

Gardner Municipal Airport, KS 

excluding that airspace within the 

Olathe, New Century Aircenter, KS 

Class D airspace. This will define 

airspace of appropriate dimensions to 

protect aircraft departing and executing 

instrument approach procedures to 

Gardner Municipal Airport and bring 

the airspace area into compliance with 

FAA directives. The area would be 

depicted on appropriate aeronautical 

charts. 

Class E airspace areas designated as 

surface areas are published in Paragraph 

6002 of FAA Order 7400.9N, Airspace 

Designations and Reporting Points, 

dated September 1, 2005, and effective 

September 16, 2005, 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 

Paragraph 6005 of the same Order. The 

Class E airspace designations listed in 

this document will be published 

subsequently in the Order. 

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, 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 

Gardner Municipal Airport. 

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 9655, 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 7400.9N, 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 KS E5 Gardner, KS 

Gardner Muncipal Airport, KS 

(Lat. 38°48′25′′ N., long, 94°57′22′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.4-mile 

radius of Gardner Muncipal Airport 

excluding that airspace within the Olathe, 

New Century Aircenter, KS Class D airspace 

area. 

* * * * * 

Issued in Kansas City, MO, on September 

2, 2005. 

Elizabeth S. Wallis, 

Acting Area Director, Western Flight Services 

Operations. 

[FR Doc. 05–18159 Filed 9–12–05; 8:45 am] 

BILLING CODE 4910–13–M