[Federal Register: June 26, 2006 (Volume 71, Number 122)] [Rules and Regulations] [Page 36190-36192] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr26jn06-4] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2006-25007; Airspace Docket No. 06-ACE-5] Modification of Class E Airspace; Scottsbluff, Western Nebraska Regional Airport/William B. Heilig Field, NE AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule; request for comments. ----------------------------------------------------------------------- SUMMARY: This action amends Title 14 Code of Federal Regulations, part 71 (14 [[Page 36191]] CFR part 71) by revising Class E airspace areas at Scottsbluff, Western Nebraska Regional Airport/William B. Heilig Field, NE. The establishment of a Localizer/Distance Measuring Equipment (LOC/DME) Instrument Approach Procedure (IAP) to Runway (RWY) 12 requires the modification of the Class E airspace area beginning at 700 feet above ground level (AGL). This airspace area and the legal description are modified to conform to the criteria in the FAA Orders. DATES: This direct final rule is effective on 0901 UTC, September 28, 2006. Comments for inclusion in the Rules Docket must be received on or before August 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-2006-25007/Airspace Docket No. 06-ACE-5, 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. to 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 AGL (E5) at Scottsbluff, Western Nebraska Regional Airport/William B. Heilig Field, NE. The establishment of a Localizer/Distance Measuring Equipment (LOC/ DME) Instrument Approach Procedure (IAP) to Runway (RWY) 12 requires the modification by replacing the reference to the Gering Non- Directional Beacon (NDB) with the following: Within 3.1 miles each side of the 316[deg] bearing from the airport extending from the 7.8-mile radius of the airport to 10.4 miles northwest of the airport. This modification brings the legal description of the Scottsbluff, Western Nebraska Regional Airport./William B. Heilig Field, NE Class E5 airspace area into compliance with FAA Orders 7400.2F and 8260.19C. 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, Airpsace 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 airspace designations listed in this document would 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-2006-25007/Airspace Docket No. 06-ACE-5.'' 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 is noncontroversial and unlikely to result in adverse or negative comments. For the reasons discussed in the preamble, I certify that this regulation (1) is not a ``significant regulatory action'' under Executive Order 12866; (2) is not a ``significant rule'' under Department of Transportation (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. The 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 Scottsbluff, Western Nebraska Regional Airport/William B. Heilig Field, 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 of the Federal Aviation Administration Order 7400.9N, dated September 1, 2005, and effective [[Page 36192]] 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 Scottsbluff, NE Scottsbluff, Western Nebraska Regional Airport/William B. Heilig Field, NE (Lat. 41[deg]52'27'' N., long. 103[deg]35'44'' W.) Scottsbluff VORTAC (Lat. 41[deg]53'39'' N., long. 103[deg]28'55'' W.) That airspace extending upward from 700 feet above the surface within a 7.8 radius of Western Nebraska Regional Airport/William B. Heilig Field and within 2.5 miles each side of the Scottsbluff VORTAC 078[deg] radial extending from the 7.8-mile radius of the airport to 7 miles east of VORTAC and within 2.5 miles each side of the VORTAC 256[deg] radial extending from the 7.8-mile radius of the airport to 17.2 miles west of VORTAC and within 3.1 miles each side of the 316[deg] bearing from the airport extending from the 7.8-mile radius of the airport to 10.4 miles northwest of the airport. * * * * * Issued in Kansas City, MO on June 13, 2006. Donna R. McCord, Acting Area Director, Western Flight Services Operations. [FR Doc. 06-5671 Filed 6-23-06; 8:45 am] BILLING CODE 4910-13-M