[Federal Register: January 5, 2006 (Volume 71, Number 3)]
[Rules and Regulations]
[Page 537-538]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ja06-2]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2005-23375; Airspace Docket No. 05-ACE-35]
Modification of Class E Airspace; Beatrice, NE
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule; request for comments.
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SUMMARY: This action amend Title 14 Code of Federal Regulations, part
71 (14 CFR part 71) by modifying Class E airspace at Beatrice, NE. The
establishment of a Very High Frequency Omni-directional Range (VOR)
Instrument Approach Procedure (IAP) to Runway 17 has made this action
necessary. Additional controlled airspace extending upward from 700
feet above the surface is needed to contain aircraft executing this
IAP. The intended effect of this rule is to provide adequate controlled
airspace for Instrument Flight Rules operations at Beatrice Municipal
Airport, Beatrice, NE.
DATES: This direct final rule is effective on 0901 UTC, April 13, 2006.
Comments for inclusion in the Rules Docket must be received on or
before January 27, 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-2005-23375/Airspace Docket No. 05-ACE-35, 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 extending upward from 700 feet above the surface
at Beatrice, NE. These modifications provide controlled airspace of
appropriate dimensions to protect aircraft executing IAPs to Beatrice
Municipal Airport and bring the legal description of the Beatrice, NE
Class E airspace area into compliance with FAA Orders 7400.2E and
8260.19C. This area will be depicted on appropriate aeronautical
charts. Class E airspace areas extending upward from 700 feet or more
above the surface of the earth are published in paragraph 6005 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. The Class E airpsace
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. 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 comments 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
[[Page 538]]
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.
Comment 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-2005-23375/Airspace Docket No. 05-ACE-
35.'' 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 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
Beatrice Municipal Airport, Beatrice, NE.
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 if 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 Beatrice, NE
Beatrice Municipal Airport, NE
(Lat. 40[deg]18'05'' N., long. 96[deg]45'15'' W.)
Shaw NDB
(Lat. 40[deg]15'54'' N., long. 96[deg]45'25'' W.)
That airspace extending upward from 700 feet above the surface
within a 7.5-mile radius of Beatrice Municipal Airport and within
3.1 miles each side of the 185[deg] bearing from the Shaw NDB
extending from the 7.5-mile radius of the airport to 7 miles south
of the Shaw NDB.
* * * * *
Issued in Kansas City, MO, on December 19, 2005.
Paul J. Sheridan,
Area Director, Western Flight Services Operations.
[FR Doc. 06-80 Filed 1-4-06; 8:45 am]
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