[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Proposed Rules]
[Pages 30024-30025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14811]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0191; Airspace Docket No. 09-ACE-4]


Proposed Establishment of Class E Airspace; Neligh, NE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E airspace at Neligh, 
NE. Controlled airspace is necessary to accommodate new Standard 
Instrument Approach Procedures (SIAPs) at Antelope County Airport, 
Neligh, NE. The FAA is taking this action to enhance the safety and 
management of Instrument Flight Rules (IFR) operations for SIAPs at 
Antelope County Airport.

DATES: 0901 UTC. Comments must be received on or before August 10, 
2009.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West 
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You 
must identify the docket number FAA-2009-0191/Airspace Docket No. 09-
ACE-4, at the beginning of your comments. You may also submit comments 
through the Internet at http://www.regulations.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 ground floor of the building at 
the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center, 
Operations Support Group, Federal Aviation Administration, Southwest 
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: (817) 321-
7716.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    Interested parties are invited to participate in this proposed 
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

[[Page 30025]]

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-2009-0191/Airspace Docket No. 09-ACE-4.'' The postcard will be 
date/time stamped and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
Internet at http://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    Additionally, any person may obtain a copy of this notice by 
submitting a request to the Federal Aviation Administration (FAA), 
Office of Air Traffic Airspace Management, ATA-400, 800 Independence 
Avenue, SW., Washington, DC 20591, or by calling (202) 267-8783. 
Communications must identify both docket numbers for this notice. 
Persons interested in being placed on a mailing list for future NPRMs 
should contact the FAA's Office of Rulemaking (202) 267-9677, to 
request a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution System, which describes the application 
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations 
(14 CFR), part 71 by establishing Class E airspace extending upward 
from 700 feet above the surface for SIAPs operations at Antelope County 
Airport, Neligh, NE. Controlled airspace is needed for the safety and 
management of IFR operations at the airport.
    Class E airspace areas are published in Paragraph 6005 of FAA Order 
7400.9S, dated October 3, 2008, and effective October 31, 2008, which 
is incorporated by reference in 14 CFR 71.1. The Class E airspace 
designation listed in this document would be published subsequently in 
the Order.
    The FAA has determined that this proposed regulation only involves 
an established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
It, therefore, (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.
    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the U.S. Code. Subtitle 1, Section 106 describes 
the authority of the FAA Administrator. Subtitle VII, Aviation 
Programs, describes in more detail the scope of the agency's authority. 
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 
airspace necessary to ensure the safety of aircraft and the efficient 
use of airspace. This regulation is within the scope of that authority 
as it would establish controlled airspace at Antelope County Airport, 
Neligh, NE.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE 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.


Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 
7400.9S, Airspace Designations and Reporting Points, dated October 3, 
2008, and effective October 31, 2008, 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 Neligh, NE [New]

Antelope County Airport, NE
(Lat. 42[deg]06'44'' N., long. 98[deg]02'23'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 7.7-mile radius of Antelope County Airport and within 3.3 
miles either side of the 193[deg] bearing from the airport extending 
from the 7.7-mile radius to 10.2 miles south of the airport, and 
within 2.2 miles either side of the 013[deg] bearing from the 
airport extending from the 7.7-mile radius to 10.1 miles north of 
the airport.
* * * * *

    Issued in Fort Worth, TX on June 16, 2009.
Anthony D. Roetzel,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. E9-14811 Filed 6-23-09; 8:45 am]
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