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Federal Register / Vol. 70, No.

46 / Thursday, March 10, 2005 / Rules and Regulations 11855

Authority: 49 U.S.C. 106(g), 40103, 40113, Operations, Central Service Office, List of Subjects in 14 CFR Part 71
40120; E.O. 10854, 24 FR 95665, 3 CFR, Airspace Branch, AGL–520, Federal
1959–1963 Comp., p. 389. Airspace, Incorporation by reference,
Aviation Administration, 2300 East Navigation (air).
§ 71.1 [Amended] Devon Avenue, Des Plaines, Illinois
60018, telephone (847) 294–7477. Adoption of the Amendment
■ 2. The incorporation by reference in 14
CFR 71.1 of the Federal Aviation SUPPLEMENTARY INFORMATION: ■ In consideration of the foregoing, the
Administration Order 7400.9M, Federal Aviation Administration
History amends 14 CFR part 71 as follows:
Airspace Designations and Reporting
Points, dated August 30, 2004, and On Thursday, September 23, 2004, the
effective September 16, 2004, is PART 71—DESIGNATION OF CLASS A,
FAA proposed to amend 14 CFR part 71 CLASS B, CLASS C, CLASS D, AND
amended as follows: to modify Class E airspace at Hibbing, CLASS E AIRSPACE AREAS;
* * * * * MN (69 FR 56964). The proposal was to AIRWAYS; ROUTES; AND REPORTING
Paragraph 6005 Class E airspace areas modify controlled airspace extending POINTS
extending upward from 700 feet or more upward from 700 feet or more above the
above the surface of the earth. surface of the earth to contain ■ 1. The authority citation for part 71
* * * * * Instrument Flight Rules operations in continues to read as follows:
controlled airspace during portions of Authority: 49 U.S.C. 106(g), 40103, 40113,
AGL IN E5 Mount comfort, IN [Revised] the terminal operation and while 40120; E.O. 10854, 24 FR 95665, 3 CFR,
Mount Comfort Airport, IN transiting between the enroute and 1959–1963 Comp., p. 389.
(Lat. 39°50′37″ N., long. 85°53′49″ W.) terminal environments.
Indianapolis Metropolitan Airport, IN § 71.1 [Amended]
(Lat. 39°56′07″ N., long. 86°02′42″ W.) Interested parties were invited to
participate in this rulemaking ■ 2. The incorporation by reference in 14
That airspace extending upward from 700
feet above the surface within a 6.9-mile proceeding by submitting written CFR 71.1 of the Federal Aviation
radius of the Mount Comfort Airport, and comments on the proposal to the FAA. Administration Order 7400.9M,
within a 6.3-mile radius of the Indianapolis No comments objecting to the proposal Airspace Designations and Reporting
Metropolitan Airport, excluding that airspace were received. Class E airspace Points, dated August 30, 2004, and
within the Indianapolis Executive Airport, designations for airspace areas effective September 16, 2004, is
IN, Class E airspace area. amended as follows:
extending upward from 700 feet or more
* * * * * above the surface of the earth are * * * * *
Issued in Des Plaines, Illinois, on February published in paragraph 6005 of FAA Paragraph 6005 Class E airspace areas
18, 2005. Order 7400.9M dated August 30, 2004, extending upward from 700 Feet or more
Nancy B. Kort, and effective September 16, 2004, which above the surface of the earth.
Area Director, Central Terminal Operations. is incorporated by reference in 14 CFR * * * * *
[FR Doc. 05–4656 Filed 3–9–05; 8:45 am] 71.1. The Class E airspace designation
AGL MN E5 Hibbing, MN [Revised]
BILLING CODE 4910–13–M listed in this document will be
published subsequently in the Order. Hibbing, Chisholm-Hibbing Airport, MN
(Lat. 47°23′12″ N., long. 92°50′20″ W.)
The Rule That airspace extending upward from 700
DEPARTMENT OF TRANSPORTATION
feet above the surface within a 6.7-mile
This amendment to 14 CFR part 71 radius of the Chisholm-Hibbing Airport.
Federal Aviation Administration modifies class E airspace at Hibbing,
* * * * *
MN, to accommodate aircraft executing
14 CFR Part 71 instrument flight procedures into and Issued in Des Plaines, Illinois, on February
[Docket No. FAA–2004–18534; Airspace out of Chisholm-Hibbing Airport. The 18, 2005.
Docket No. 04–AGL–17] area will be depicted on appropriate Nancy B. Kort,
aeronautical charts. Area Director, Central Terminal Operations.
Modification of Class E Airspace; [FR Doc. 05–4657 Filed 3–9–05; 8:45 am]
Hibbing, MN The FAA has determined that this
BILLING CODE 4910–13–M
regulation only involves an established
AGENCY: Federal Aviation body of technical regulations for which
Administration (FAA), DOT. frequent and routine amendments are
DEPARTMENT OF TRANSPORTATION
ACTION: Final rule. necessary to keep them operationally
current. Therefore, this regulation—(1) Federal Aviation Administration
SUMMARY: This action modifies Class E is not a ‘‘significant regulatory action’’
airspace at Hibbing, MN. Standard under Executive Order 12866; (2) is not
Instrument Approach Procedures have 14 CFR Part 71
a ‘‘significant rule’’ under DOT
been developed for Chisholm-Hibbing Regulatory Policies and Procedures (44 [Docket No. FAA–2005–20064; Airspace
Airport. Controlled airspace extending FR 11034; February 26, 1979); and (3) Docket No. 05–ACE–6]
upward from 700 feet or more above the does not warrant preparation of a
surface of the earth is needed to contain Modification of Class E Airspace;
Regulatory Evaluation as the anticipated
aircraft executing these approaches. Mountain Grove, MO.
impact is so minimal. Since this is a
This action modifies the area of existing routine matter that will only affect air AGENCY: Federal Aviation
controlled airspace for Chisholm- traffic procedures and air navigation, it Administration (FAA), DOT.
Hibbing Airport. is certified that this rule will not have ACTION: Direct final rule; request for
EFFECTIVE DATE: 0901 UTC, May 12, a significant economic impact on a
2005. comments.
substantial number of small entities
FOR FURTHER INFORMATION CONTACT: J. under the criteria of the Regulatory SUMMARY: This action amends Title 14
Mark Reeves, FAA, Terminal Flexibility Act. Code of Federal Regulations, part 71 (14

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11856 Federal Register / Vol. 70, No. 46 / Thursday, March 10, 2005 / Rules and Regulations

CFR part 71) by revising Class E rising terrain, is based on a standard presented are particularly helpful in
airspace at Mountain Grove, MO. A climb gradient of 200 feet per mile plus developing reasoned regulatory
review of the Class E airspace area the distance from the airport reference decisions on the proposal. Comments
extending upward from 700 feet above point to the end of the outermost are specifically invited on the overall
ground level (AGL) at Mountain Grove, runway. Any fractional part of a mile is regulatory, aeronautical, economic,
MO revealed it is not in compliance converted to the next higher tenth of a environmental, and energy-related
with established airspace criteria. This mile. This amendment expands the aspects of the proposal.
airspace area is enlarged and modified airspace area from a 6-mile to a 6.8-mile Communications should identify both
to conform to FAA Orders. The radius of Mountain Grove Memorial docket numbers and be submitted in
intended effect of this rule is to provide Airport and corrects the Mountain triplicate to the address listed above.
controlled airspace of appropriate Grove Memorial Airport ARP in the Commenters wishing the FAA to
dimensions to protect aircraft departing legal description. These modifications acknowledge receipt of their comments
from and executing Standard Instrument provide controlled airspace of on this notice must submit with those
Approach Procedures (SIAPs) to appropriate dimensions to protect comments a self-addressed, stamped
Mountain Grove Memorial Airport. This aircraft departing from and executing postcard on which the following
rule also amends the Mountain Grove SIAPs to Mountain Grove Memorial statement is made: ‘‘Comments to
Memorial Airport reference point (ARP) Airport and bring the legal description Docket No. FAA–2005–20064/Airspace
in the legal description to reflect current of the Mountain Grove, MO Class E Docket No. 05–ACE–6.’’ The postcard
data. The area is modified and enlarged airspace area into compliance with FAA will be date/time stamped and returned
to conform to the criteria in FAA Orders 7400.2E. This area will be to the commenter.
Orders. depicted on appropriate aeronautical
Agency Findings
DATES: This direct final rule is effective charts. Class E airspace areas extending
upward from 700 feet or more above the The regulations adopted herein will
on 0901 UTC, July 7, 2005.
Comments for inclusion in the Rules surface of the earth are published in not have a substantial direct effect on
Docket must be received on or before paragraph 6005 of FAA Order 7400.9M, the States, on the relationship between
April 18, 2005. Airspace Designations and Reporting the national Government and the States,
Points, dated August 30, 2004, and or on the distribution of power and
ADDRESSES: Send comments on this
effective September 16, 2004, which is responsibilities among the various
proposal to the Docket Management levels of government. Therefore, it is
System, U.S. Department of incorporated by reference in 14 CFR
71.1. The Class E airspace designation determined that this final rule does not
Transportation, Room Plaza 401, 400
listed in this document will be have federalism implications under
Seventh Street, SW., Washington, DC
published subsequently in the Order. Executive Order 13132.
20590–0001. You must identify the The FAA has determined that this
docket number FAA–2005–20064/ The Direct Final Rule Procedure regulation only involves an established
Airspace Docket No. 05–ACE–6, at the body of technical regulations for which
beginning of your comments. You may The FAA anticipates that this
regulation will not result in adverse frequent and routine amendments are
also submit comments on the Internet at necessary to keep them operationally
http://dms.dot.gov. You may review the negative comment and, therefore, is
issuing it as a direct final rule. Previous current. Therefore, this regulation—(1)
public docket containing the proposal,
actions of this nature have not been is not a ‘‘significant regulatory action’’
any comments received, and any final
controversial and have not resulted in under Executive Order 12866; (2) is not
disposition in person in the Dockets
adverse comments or objections. Unless a ‘‘significant rule’’ under DOT
Office between 9 a.m. and 5 p.m.,
a written adverse or negative comment Regulatory Policies and Procedures (44
Monday through Friday, except Federal
or a written notice of intent to submit FR 11034; February 26, 1979); and (3)
holidays. The Docket Office (telephone
an adverse or negative comment is does not warrant preparation of a
1–800–647–5527) is on the plaza level
received within the comment period, Regulatory Evaluation as the anticipated
of the Department of Transportation
the regulations will become effective on impact is so minimal. Since this is a
NASSIF Building at the above address.
the date specified above. After the close routine matter that will only affect air
FOR FURTHER INFORMATION CONTACT:
of the comment period, the FAA will traffic procedures and air navigation, it
Brenda Mumper, Air Traffic Division, is certified that this rule, when
publish a document in the Federal
Airspace Branch, ACE–520A, DOT promulgated, will not have a significant
Register indicating that no adverse or
Regional Headquarters Building, Federal negative comments were received and economic impact on a substantial
Aviation Administration, 901 Locust, confirming the date on which the final number of small entities under the
Kansas City, MO 64106; telephone: rule will become effective. If the FAA criteria of the Regulatory Flexibility Act.
(816) 329–2524. does receive, within the comment This rulemaking is promulgated
SUPPLEMENTARY INFORMATION: This period, an adverse or negative comment, under the authority described in subtitle
amendment to 14 CFR part 71 modifies or written notice of intent to submit VII, part A, subpart I, section 40103.
the Class E airspace area extending such a comment, a document Under that section, the FAA is charged
upward from 700 feet above the surface withdrawing the direct final rule will be with prescribing regulations to assign
at Mountain Grove, MO. An published in the Federal Register, an a the use of the airspace necessary to
examination of controlled airspace for notice of proposed rulemaking may be ensure the safety of aircraft and the
Mountain Grove, MO revealed the Class published with a new comment period. efficient use of airspace. This regulation
E airspace area does not comply with is within the scope of that authority
airspace requirements for diverse Comments Invited
since it contains aircraft executing
departures from Mountain Grove Interested parties are invited to instrument approach procedures to
Memorial Airport as set forth in FAA participate in this rulemaking by Mountain Grove Memorial Airport.
Order 7400.2E, Procedures for Handling submitting such written data, views, or
Airspace Matters. The criteria in FAA arguments, as they may desire. List of Subjects in 14 CFR Part 71
Order 7400.2E for an aircraft to reach Comments that provide the factual basis Airspace, Incorporation by reference,
1200 feet AGL, taking into consideration supporting the views and suggestions Navigation (air).

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Federal Register / Vol. 70, No. 46 / Thursday, March 10, 2005 / Rules and Regulations 11857

Adoption of the Amendment instrument approach procedures to 8260.19C, Flight Procedures and
Newton Municipal Airport and to Airspace. Both areas will be depicted on
■ Accordingly, the Federal Aviation
segregate aircraft using instrument appropriate aeronautical charts.
Administration amends 14 CFR part 71
approach procedures in instrument Class E airspace areas designated as
as follows:
conditions from aircraft operating in surface areas are published in Paragraph
PART 71—DESIGNATION OF CLASS A, visual conditions. 6002 of FAA Order 7400.9M, Airspace
CLASS B, CLASS C, CLASS D, AND EFFECTIVE DATE: 0901 UTC, May 12, Designations and Reporting Points,
CLASS E AIRSPACE AREAS; 2005. dated August 30, 2004, and effective
AIRWAYS; ROUTES; AND REPORTING FOR FURTHER INFORMATION CONTACT: September 16, 2004, which is
POINTS Brenda Mumper, Air Traffic Division, incorporated by reference in 14 CFR
Airspace Branch, ACE–520A, DOT 71.1. Class E airspace areas extending
■ 1. The authority citation for part 71 upward from 700 feet or more above the
continues to read as follows: Regional Headquarters Building, Federal
Aviation Administration, 901 Locust, surface of the earth are published in
Authority: 49 U.S.C. 106(g), 40103, 40113, Kansas City, MO 64106; telephone: Paragraph 6005 of the same Order. The
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Class E airspace designations listed in
1963 Comp., p. 389.
(816) 329–2524.
this document will be published
SUPPLEMENTARY INFORMATION:
§ 71.1 [Amended] subsequently in the Order.
History The FAA has determined that this
■ 2. The incorporation by reference in 14
On Wednesday, January 19, 2005, the regulation only involves an established
CFR 71.1 of Federal Aviation
FAA proposed to amend part 71 of the body of technical regulations for which
Administration Order 7400.9M, dated
Federal Aviation Regulations (14 CFR frequent and routine amendments are
August 30, 2004, and effective
part 71) to establish a Class E surface necessary to keep them operationally
September 16, 2004, is amended as
area and to modify other Class E current. Therefore, this regulation—(1)
follows:
airspace at Newton, IA (70 FR 2989). is not a ‘‘significant regulatory action’’
Paragraph 6005 Class E airspace areas The proposal was to bring Newton, IA under Executive Order 12866; (2) is not
extending upward from 700 feet or more airspace areas into compliance with a ‘‘significant rule’’ under DOT
above the surface of the earth. Regulatory Policies and Procedures (44
FAA directives. Interested parties were
* * * * * invited to participate in this rulemaking FR 11034; February 26, 1979); and (3)
ACE MO E5 Mountain Grove, MO proceeding by submitting written does not warrant preparation of a
comments on the proposal to the FAA. Regulatory Evaluation as the anticipated
Mountain Grove Memorial Airport, MO
(Lat. 37°07′15″ N., long. 92°18′40″ W.) No comments objecting to the proposal impact is so minimal. Since this is a
were received. routine matter that will only affect air
That airspace extending upward from 700
feet above the surface within a 6.8-mile traffic procedures and air navigation, it
The Rule is certified that this rule will not have
radius of Mountain Grove Memorial Airport.
This amendment to 14 CFR part 71 a significant economic impact on a
* * * * *
establishes Class E airspace designated substantial number of small entities
Issued in Kansas City, MO, on February 22, as a surface area for an airport at under the criteria of the Regulatory
2005. Newton, IA. Controlled airspace Flexibility Act.
Anthony D. Roetzel, extending upward from the surface of This rulemaking is promulgated
Acting Area Director, Western Flight Services the earth is needed to contain aircraft under the authority described in subtitle
Operations. executing instrument approach VII, part A, subpart I, section 40103.
[FR Doc. 05–4658 Filed 3–9–05; 8:45 am] procedures to Newton Municipal Under that section, the FAA is charged
BILLING CODE 4910–13–M Airport. Weather observations will be with prescribing regulations to assign
provided by an Automatic Weather the use of the airspace necessary to
Observing/Reporting System (AWOS) ensure the safety of aircraft and the
DEPARTMENT OF TRANSPORTATION and communications will be direct with efficient use of airspace. This regulation
Des Moines Terminal Radar Approach is within the scope of that authority
Federal Aviation Administration Control Facility. since it contains aircraft executing
This rule also revises the Class E instrument approach procedures to
14 CFR Part 71 airspace area extending upward from Newton Municipal Airport.
[Docket No. FAA–2004–19582; Airspace 700 feet above the surface at Newton,
Docket No. 04–ACE–72] IA. An examination of this Class E List of Subjects in 14 CFR Part 71
airspace area for Newton, IA revealed Airspace, Incorporation by reference,
Establishment of Class E2 Airspace; noncompliance with FAA directives. Navigation (air).
and Modiciation of Class E5 Airspace; This corrects identified discrepancies by
Newton, IA decreasing the area from a 6.7-mile to a Adoption of the Amendment
AGENCY: Federal Aviation 6.5-mile radius of Newton Municipal
■ In consideration of the foregoing, the
Administration (FAA), DOT. Airport, decreasing the width of the
Federal Aviation Administration
ACTION: Final rule.
extension from 2.6 to 1.4 miles each
amends 14 CFR part 71 as follows:
side of centerline, modifying the
SUMMARY: This rule establishes a Class extension centerline and defining PART 71—DESIGNATION OF CLASS A,
E surface area at Newton, IA. It also airspace of appropriate dimensions to CLASS B, CLASS C, CLASS D, AND
modifies the Class E airspace area protect aircraft departing and executing CLASS E AIRSPACE AREAS;
extending upward from 700 feet above instrument approach procedures to AIRWAYS; ROUTES; AND REPORTING
the surface at Newton, IA. Newton Municipal Airport. The POINTS
The effect of this rule is to provide airspace area is brought into compliance
appropriate controlled Class E airspace with FAA Orders 7400.2E, Procedures ■ 1. The authority citation for part 71
for aircraft departing from and executing for Handling Airspace Matters, and continues to read as follows:

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