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[Federal Register: May 16, 2007 (Volume 72, Number 94)]
[Rules and Regulations]               
[Page 27412-27413]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16my07-3]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2007-27676; Airspace Docket No. 07-AGL-2]

 
Modification of Class E Airspace; Canby, MN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action amends Title 14 Code of Federal Regulations, part 
71 (14 CFR 71) by modifying Class E airspace at Canby, Myers Field, MN. 
Standard Instrument Approach Procedures have been developed by Canby, 
Myers Field, MN. Additional controlled airspace extending upward from 
the surface and upward from 700 feet above the surface of the earth is 
needed to contain aircraft executing these approaches. This action 
increases the area of the existing controlled airspace for Canby, Myers 
Field, MN.

DATES: This direct final rule is effective on 0901 UTC, July 5, 2007. 
The Director of the Federal Register approves this incorporation by 
reference action under 7 CFR Part 51, subject to the annual revision of 
FAA Order 7400.9 and publication of conforming amendments. Comments for 
inclusion in the Rules Docket must be received on or before May 31, 
2007.

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-2007-27676/Airspace Docket No. 07-AGL-2, 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 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: Grant Nichols, System Support, DOT 
Regional Headquarters Building, Federal Aviation Administration, 901 
Locust, Kansas City, MO 64106; telephone: (816) 329-2522.

SUPPLEMENTARY INFORMATION: This amendment to 14 CFR Part 71 modifies 
the Class E airspace area at Canby, Myers Field, MN. The radius of the 
Class E airspace area extending upward from 700 feet or more above the 
surface of the earth is expanded from within a 6.3-mile radius to 
within a 7.4-mile radius of the airport. An extension is established 
within 4 miles each side of the 301 bearing from the airport extending 
from the 7.4-mile radius to 10.3 miles northwest of the airport. This 
modification brings the legal description of the Canby, Myers Field, MN 
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 7400.9P, Airspace Designations and Reporting Points, dated 
September 1, 2006, and effective September 15, 2006, which is 
incorporated by reference in 14 CFR 71.1 of the same order. 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 comments is received within the comment period, the 
regulation will become effective on

[[Page 27413]]

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 
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 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 development 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-2006-27676/Airspace Docket NO. 07-AGL-2.'' 
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 doe snot 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.
    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 
Canby, Myers Field, MN.

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 Federal Aviation 
Administration Order 7400.9P, dated September 1, 2006, and effective 
September 15, 2006, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700 feet 
or more above the surface of the earth.
* * * * *

AGL MN E5 Canby, MN

Myers Field, MN
    (Lat. 44[deg]43'41'' N., long. 96[deg]15'45'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 7.4-mile radius of Myers Field and within 4 miles each side 
of the 301[deg] bearing from the airport extending from the 7.4-mile 
radius to 10.3 miles northwest of the airport.
* * * * *

    Issued in Fort Worth, TX, on April 27, 2007.
Donald R. Smith,
Manager, System Support Group, ATO Central Service Area.
[FR Doc. 07-2373 Filed 5-15-07; 8:45 am]

BILLING CODE 4910-13-M