Document Headings

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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 71
          - [Docket No. FAA-2005-22514; Airspace Docket No. 05-AGL-07]

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Direct final rule; request for comments.

# SUMMARY:

An examination of controlled airspace for Rapid City Regional Airport, SD, and Rapid City Ellsworth AFB, SD, revealed discrepancies in the legal descriptions for both airports as contained in FAA order 7400.9M. This action corrects those discrepancies by modifying the legal descriptions.

# DATES:

Effective 0901 UTC, December 22, 2005.

Comments must be received on or before November 28, 2005.

# ADDRESSES:

                        Send comments on the 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-2005-22514/Airspace Docket No. 05-AGL-07, 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. An informal docket may also be examined during normal business hours at FAA Terminal Operations, Central Service Office,  2300 East Devon Avenue, Des Plaines, Illinois 60018.                     

# FOR FURTHER INFORMATION CONTACT:

Steve Davis, FAA Terminal Operations, Central Service Office, Airspace and Procedures Branch, AGL-530, Federal Aviation Administration, telephone (847) 294-7131, or David Sapadin (847) 204-7477.

# SUPPLEMENTARY INFORMATION:

This amendment to 14 CFR part 71 modifies the legal description for the Class D airspace area for Rapid City Regional Airport, SD, and modifies the legal description for the Class D airspace area at Rapid City Ellsworth AFB, SD. The areas will be depicted on appropriate aeronautical charts. Class D airspace designations are published in Paragraph 5000 of FAA Order 7400.9N, dated September 1, 2005, and effective September 15, 2005, which is incorporated by reference in 14 CFR 71.1. The Class D 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. A substantial number of previous opportunities provided to the public to comment on substantially identical actions have resulted in negligible 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 will be published in the                     **Federal Register**                    . This document may withdraw the direct final rule in whole or in part.  After considering the adverse or negative comment, we may publish another direct final rule or publish a notice of proposed rulemaking with a new comment period.                

## Comments Invited

                    Although this action is in the form of a final rule and was not preceded by a notice of proposed rulemaking, comments are invited on this rule. Interested persons are invited to comment on this rule by submitting such written data, views, or arguments, as they may desire. Communications should identify the Rules Docket number and be submitted to the address specified under the caption                     **ADDRESSES**                    . All communications received on or before the closing date for comments will be considered, and this rule may be amended or withdrawn in light of the comments received. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of this action and determining whether additional rulemaking action is needed. Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report that summarizes each FAA-public contact concerned with the substance of this action will be filed in the Rules Docket. Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must submit a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2005-22514/Airspace Docket No. 05-AGL-07.” The postcard will be date stamped and returned to the commenter.                

## Agency Findings

The regulations adopted herein will not have substantial direct effects 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 will not have federalism implications under Executive Order 13132.

                    Further, the FAA has determined that this regulation is noncontroversial and                           ( print page 62237)                        unlikely to result in adverse or negative comments and only involves an established body of technical regulations that require frequent and routine amendments to keep them operationally current. Therefore, I certify that 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) 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. Since this rule involves routine matters that will only affect air traffic procedures and air navigation, it does not warrant preparation of a Regulatory Flexibility Analysis because the anticipated impact is so minimal.                

# List of Subjects in 14 CFR Part 71

      - Airspace
      - Incorporation by reference
      - Navigation (air)

## Adoption of the Amendment

Accordingly, pursuant to the authority delegated to me, 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 14 CFR 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.

§ 71.7

2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9N, Airspace Designations and Reporting Points, dated September 1, 2005, and effective September 16, 2005, is amended as follows:

* * * * *

### Paragraph 5000 Class D Airspace

* * * * *

## AGL SD D Rapid City, SD [Revised]

Rapid City Regional Airport, SD

(Lat. 44°02′43″ N., long., 103°03′27″ W.)

Rapid City Ellsworth AFB, SD

(Lat. 44°08′42″ N., long., 103°06′13″ W.)

That airspace extending upward from the surface to and including 5,700 feet MSL within a 4.4-mile radius of the Rapid City Regional Airport, excluding the portion north of a line between the intersection of the Rapid City Regional Airport 4.4-mile radius and the Rapid City Ellsworth AFB, SD, 4.7-mile radius. This Class D airspace area is effective during the specific dates and times established in advance by Notice to Airmen. The effective date and time will thereafter be continuously published in advance by Notice to Airmen.

* * * * *

## AGL SD D Rapid City Ellsworth AFB, SD [Revised]

Rapid City Ellsworth AFB, SD

(Lat. 44°08′42″ N., long., 103°06′13″ W.)

Rapid City Regional Airport, SD

(Lat. 44°02′43″ N., long., 103°03′27″ W.)

That airspace extending upward from the surface to and including 5,800 feet MSL and within a 5.9-mile radius of Rapid City Ellsworth AFB to the Rapid City Regional Airport 4.4-mile radius, excluding that airspace south of a line between the intersection of the Ellsworth AFB 4.7-mile radius and the Rapid City Regional Airport 4.4-mile radius. This Class D 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.

* * * * *

Dated: Issued in Des Plaines, Illinois on October 12, 2005.

Nancy B. Kort, 

Area Director,  Central Terminal Operations.

[FR Doc. 05-21583 Filed 10-28-05; 8:45 am]

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