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36190 Federal Register / Vol. 71, No.

122 / Monday, June 26, 2006 / Rules and Regulations

Municipal Airport, IA. The developing reasoned regulatory PART 71—DESIGNATION OF CLASS A,
establishment of RNAV (GPS) IAPs to decisions on the proposal. Comments CLASS B, CLASS C, CLASS D, AND
RWYs 8, 14, 26, 32 and amendments to are specifically invited on the overall CLASS E AIRSPACE AREAS;
existing NDB IAPs to RWY 14 and 26 regulatory, aeronautical, economic, AIRWAYS; ROUTES; AND REPORTING
requires the modification of the Class E environmental, and energy-related POINTS
airspace area beginning at 700 feet AGL aspects of the proposal.
(E5). The area is expanded from a 6.6- Communications should identify both ■ 1. The authority citation for part 71
mile radius to a 6.9-mile radius of the docket numbers and be submitted in continues to read as follows:
airport. The northwest extension is triplicate to the address listed above. Authority: 49 U.S.C. 106(g), 40103, 40113,
reduced from 2.6 miles each side to 2.5 Commenters wishing the FAA to 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
miles each side of the 310° bearing from acknowledge receipt of their comments 1963 Comp., p. 389.
the Keokuk NDB. The area is expanded on this notice must submit with those
§ 71.1 [Amended]
to within 2.5 miles each side of the 099° comments a self-addressed, stamped
bearing from the Keokuk NDB extending postcard on which the following ■ 2. The incorporation by reference in
from the 6.9-mile radius to 7 miles east statement is made: ‘‘Comments to 14 CFR 71.1 of Federal Aviation
of the airport. This modification brings Docket No. FAA–2006–25009/Airspace Administration Order 7400.9N, dated
the legal description of the Keokuk Docket No. 06–ACE–7.’’ The postcard September 1, 2005, and effective
Municipal Airport, IA Class E5 airspace will be date/time stamped and returned September 16, 2005, is amended as
area into compliance with FAA Orders to the commenter. follows:
7400.2F and 8260.19C. Class E airspace
Agency Findings Paragraph 6005 Class E airspace areas
area extending upward from 700 feet or
more above the surface of the earth are The regulations adopted herein will extending upward from 700 feet or more
published in Paragraph 6005 of FAA not have a substantial direct effect on above the surface of the earth.
Order 7400.9N, Airspace Designations the States, on the relationship between * * * * *
and Reporting Points, dated September the national Government and the States, ACE IA E5 Keokuk, IA
1, 2005, and effective September 16, or on the distribution of power and
responsibilities among the various Keokuk Municipal Airport, IA
2005, which is incorporated by (Lat. 40°27′36″ N., long 91°25′43″ W.)
reference in 14 CFR 71.1. The Class E levels of government. Therefore, it is Keokuk NDB
airspace designations listed in this determined that this final rule does not (Lat. 40°27′53″ N., long 91°26′01″ W.)
document would be published have federalism implications under The airspace extending upward from 700
subsequently in the Order. Executive Order 13132. feet above the surface within a 6.9-mile
The FAA has determined that this radius of Keokuk Municipal Airport and
The Direct Final Rule Procedure regulation is noncontroversial and within 2.5 miles each side of the 310° bearing
The FAA anticipates that this unlikely to result in adverse or negative from the Keokuk NDB extending from the
regulation will not result in adverse or comments. For the reasons discussed in 6.9-mile radius to 7 miles northwest of the
negative comment and, therefore, is the preamble, I certify that this airport and within 2.5 miles each side of the
issuing it as a direct final rule. Previous regulation (1) is not a ‘‘significant 099° bearing from the Keokuk NDB extending
actions of this nature have not been regulatory action’’ under Executive from the 6.9-mile radius to 7 miles east of the
controversial and have not resulted in Order 12866; (2) is a not a ‘‘significant airport.
adverse comments or objections. Unless rule ’’ under Department of * * * * *
a written adverse or negative comment Transportation (DOT) Regulatory Issued in Kansas City, MO, on June 13,
or a written notice of intent to submit Policies and Procedures (44 FR 11034, 2006.
an adverse or negative comment is February 26, 1979); and (3) if Donna R. McCord,
received within the comment period, promulgated, will not have a significant Acting Area Director, Western Flight Services
the regulation will become effective on economic impact, positive or negative, Operations.
the date specified above. After the close on a substantial number of small entities [FR Doc. 06–5673 Filed 6–23–06; 8:45 am]
of the comment period, the FAA will under the criteria of the Regulatory BILLING CODE 4910–13–M
publish a document in the Federal Flexibility Act.
Register indicating that no adverse or This rulemaking is promulgated
negative comments were received and under the authority described in DEPARTMENT OF TRANSPORTATION
confirming the date on which the final Subtitle VII, Part A, Subpart I, Section
rule will become effective. If the FAA 40103. Under that section, the FAA is Federal Aviation Administration
does receive, within the comment charged with prescribing regulations to
period, an adverse or negative comment, assign the use of the airspace necessary 14 CFR Part 71
or written notice of intent to submit to ensure the safety of aircraft and the
[Docket No. FAA–2006–25007; Airspace
such a comment, a document efficient use of airspace. This regulation
Docket No. 06–ACE–5]
withdrawing the direct final rule will be is within the scope of that authority
published in the Federal Register, and since it contains aircraft executing Modification of Class E Airspace;
a notice of proposed rulemaking may be instrument approach procedures to Scottsbluff, Western Nebraska
published with a new comment period. Keokuk Municipal Airport, IA. Regional Airport/William B. Heilig
Comments Invited List of Subjects 14 CFR Part 71 Field, NE
Interested parties are invited to Airspace, Incorporation by reference, AGENCY: Federal Aviation
participate in this rulemaking by Navigation (air). Administration (FAA), DOT.
submitting such written data, views, or
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Adoption of the Amendment ACTION: Direct final rule; request for


arguments, as they may desire. comments.
Comments that provide the factual basis ■ Accordingly, the Federal Aviation
supporting the views and suggestions Administration amends 14 CFR part 71 SUMMARY: This action amends Title 14
presented are particularly helpful in as follows: Code of Federal Regulations, part 71 (14

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Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Rules and Regulations 36191

CFR part 71) by revising Class E extending upward from 700 feet or more Agency Findings
airspace areas at Scottsbluff, Western above the surface of the earth are The regulations adopted herein will
Nebraska Regional Airport/William B. published in Paragraph 6005 of FAA not have a substantial direct effect on
Heilig Field, NE. The establishment of a Order 7400.9N, Airpsace Designations the States, on the relationship between
Localizer/Distance Measuring and Reporting Points, dated September the national Government and the States,
Equipment (LOC/DME) Instrument 1, 2005, and effective September 16, or on the distribution of power and
Approach Procedure (IAP) to Runway 2005, which is incorporated by responsibilities among the various
(RWY) 12 requires the modification of reference in 14 CFR 71.1. The Class E levels of government. Therefore, it is
the Class E airspace area beginning at airspace designations listed in this determined that this final rule does not
700 feet above ground level (AGL). This document would be published have federalism implications under
airspace area and the legal description subsequently in the Order.
are modified to conform to the criteria Executive Order 13132.
in the FAA Orders. The Direct Final Rule Procedure The FAA has determined that this
regulation is noncontroversial and
DATES: This direct final rule is effective The FAA anticipates that this unlikely to result in adverse or negative
on 0901 UTC, September 28, 2006. regulation will not result in adverse or comments. For the reasons discussed in
Comments for inclusion in the Rules negative comment and, therefore, is the preamble, I certify that this
Docket must be received on or before issuing it as a direct final rule. Previous regulation (1) is not a ‘‘significant
August 1, 2006. actions of this nature have not been regulatory action’’ under Executive
ADDRESSES: Send comments on this controversial and have not resulted in Order 12866; (2) is not a ‘‘significant
proposal to the Docket Management adverse comments or objections. Unless rule’’ under Department of
System, U.S. Department of a written adverse or negative comment Transportation (DOT) Regulatory
Transportation, Room Plaza 401, 400 or a written notice of intent to submit Policies and Procedures (44 FR 11034,
Seventh Street, SW., Washington, DC an adverse or negative comment is February 26, 1979); and (3) if
20590–0001. You must identify the received within the comment period, promulgated, will not have a significant
docket number FAA–2006–25007/ the regulation will become effective on economic impact, positive or negative,
Airspace Docket No. 06–ACE–5, at the the date specified above. After the close on a substantial number of small entities
beginning of your comments. You may of the comment period, the FAA will under the criteria of the Regulatory
also submit comments on the Internet at publish a document in the Federal Flexibility Act.
http://dms.dot.gov. You may review the Register indicating that no adverse or
public docket containing the proposal, The rulemaking is promulgated under
negative comments were received and the authority described in Subtitle VII,
any comments received, and any final confirming the date on which the final
disposition in person in the Dockets Part A, Subpart I, Section 40103. Under
rule will become effective. If the FAA that section, the FAA is charged with
Office between 9 a.m. to 5 p.m., Monday does receive, within the comment
through Friday, except Federal holidays. prescribing regulations to assign the use
period, an adverse or negative comment, of the airspace necessary to ensure the
The Docket Office (telephone 1–800– or written notice of intent to submit
647–5527) is on the plaza level of the safety of aircraft and the efficient use of
such a comment, a document airspace. This regulation is within the
Department of Transportation NASSIF withdrawing the direct final rule will be
Building at the above address. scope of that authority since it contains
published in the Federal Register, and aircraft executing instrument approach
FOR FURTHER INFORMATION CONTACT: a notice of proposed rulemaking may be procedures to Scottsbluff, Western
Brenda Mumper, Air Traffic Division, published with a new comment period. Nebraska Regional Airport/William B.
Airspace Branch, ACE–520A, DOT
Comments Invited Heilig Field, NE.
Regional Headquarters Building, Federal
Aviation Administration, 901 Locust, Interested parties are invited to List of Subjects in 14 CFR Part 71
Kansas City, MO 64106; telephone: participate in this rulemaking by Airspace, Incorporation by reference,
(816) 329–2524. submitting such written data, views, or Navigation (air).
SUPPLEMENTARY INFORMATION: This arguments, as they may desire.
amendment to 14 CFR 71 modifies the Comments that provide the factual basis Adoption of the Amendment
Class E airspace area extending upward supporting the views and suggestions ■ Accordingly, the Federal Aviation
from 700 feet AGL (E5) at Scottsbluff, presented are particularly helpful in Administration amends 14 CFR part 71
Western Nebraska Regional Airport/ developing reasoned regulatory as follows:
William B. Heilig Field, NE. The decisions on the proposal. Comments
establishment of a Localizer/Distance are specifically invited on the overall PART 71—DESIGNATION OF CLASS A,
Measuring Equipment (LOC/DME) regulatory, aeronautical, economic, CLASS B, CLASS C, CLASS D, AND
Instrument Approach Procedure (IAP) to environmental, and energy-related CLASS E AIRSPACE AREAS;
Runway (RWY) 12 requires the aspects of the proposal. AIRWAYS; ROUTES; AND REPORTING
modification by replacing the reference Communications should identify both POINTS
to the Gering Non-Directional Beacon docket numbers and be submitted in
(NDB) with the following: Within 3.1 triplicate to the address listed above. ■ 1. The authority citation for part 71
miles each side of the 316° bearing from Commenters wishing the FAA to continues to read as follows:
the airport extending from the 7.8-mile acknowledge receipt of their comments Authority: 49 U.S.C. 106(g), 40103, 40113,
radius of the airport to 10.4 miles on this notice must submit with those 40120; E.O. 10854, 24 FR 9565, 3 CFR 1959–
northwest of the airport. This comments a self-addressed, stamped 1963 Comp., p. 389.
modification brings the legal description postcard on which the following
§ 71.1 [Amended]
of the Scottsbluff, Western Nebraska statement is made: ‘‘Comments to
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Regional Airport./William B. Heilig Docket No. FAA–2006–25007/Airspace ■ 2. The incorporation by reference in


Field, NE Class E5 airspace area into Docket No. 06–ACE–5.’’ The postcard 14 CFR 71.1 of the Federal Aviation
compliance with FAA Orders 7400.2F will be date/time stamped and returned Administration Order 7400.9N, dated
and 8260.19C. Class E airspace areas to the commenter. September 1, 2005, and effective

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36192 Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Rules and Regulations

September 16, 2005, is amended as was established in September 2001, since 2003 (Consolidated
follows: pursuant to Public Law 106–553, app. B, Appropriations Act, 2004, Public Law
114 Stat. 2762A–52 (2000), to centralize 108–199, Div. B, Title I, Jan. 23, 2004,
Paragraph 6005 Class E airspace areas the management of the detention 118 Stat. 47; Consolidated
extending upward from 700 feet or more function relating to Federal prisoners in Appropriations Act, 2005, Pub. L. 108–
above the surface of the earth. non-Federal institutions or otherwise in 447, Div. B, Title I, Dec. 8, 2004, 118
* * * * * the custody of the United States Stat. 2854; Science, State, Justice,
ACE NE E5 Scottsbluff, NE Marshals Service (USMS) and aliens in Commerce, and Related Agencies
Scottsbluff, Western Nebraska Regional
the custody of the Immigration and Appropriations Act, 2006, Pub. L. 109–
Airport/William B. Heilig Field, NE Naturalization Service (INS), in order to 108, Title I, Nov. 22, 2005, 119 Stat.
(Lat. 41°52′27″ N., long. 103°35′44″ W.) better manage and plan for needed 2291), Congress has charged OFDT with
Scottsbluff VORTAC detention resources without the responsibility for managing the
(Lat. 41°53′39″ N., long. 103°28′55″ W.) unnecessary duplication of effort. In Justice Prisoner and Alien
That airspace extending upward from 700 accordance with the 21st Century Transportation System (JPATS).
feet above the surface within a 7.8 radius of Department of Justice Appropriations Accordingly, this rule adds a provision
Western Nebraska Regional Airport/William Authorization Act (Pub. L. 107–273, regarding OFDT’s management of
B. Heilig Field and within 2.5 miles each side Div. A, Title II, section 201(a), Nov. 2, JPATS.
of the Scottsbluff VORTAC 078° radial 2002, 116 Stat. 1770), codified at 28 The rule is a rule of agency
extending from the 7.8-mile radius of the U.S.C. 530C, the Congressional mandate organization, procedure, and practice
airport to 7 miles east of VORTAC and within and is limited to matters of agency
2.5 miles each side of the VORTAC 256°
for the management of the detention
radial extending from the 7.8-mile radius of function by OFDT was made permanent. management and personnel.
the airport to 17.2 miles west of VORTAC This rule adds the OFDT to Department Accordingly: (1) This rule is exempt
and within 3.1 miles each side of the 316° organizational regulations and sets forth from the notice requirement of 5 U.S.C.
bearing from the airport extending from the the general authorities of the Detention 553(b) and is made effective upon
7.8-mile radius of the airport to 10.4 miles Trustee. issuance; (2) the Department certifies
northwest of the airport. Although OFDT’s originating statute under 5 U.S.C. 605(b) that this rule will
* * * * * (Pub. L. 106–553, app. B, 114 Stat. not have a significant economic impact
2762A–52 (2000) and authorizing on a substantial number of small entities
Issued in Kansas City, MO on June 13,
2006. statute (Pub. L. 107–273, Div. A, Title II, and further that no Regulatory
Section 201(a)) provided OFDT with Flexibility Analysis was required to be
Donna R. McCord,
authority over immigration detainees in prepared for this final rule since the
Acting Area Director, Western Flight Services INS custody, these statutes were enacted Department was not required to publish
Operations.
prior to the Homeland Security Act, a general notice of proposed
[FR Doc. 06–5671 Filed 6–23–06; 8:45 am] Public Law 107–296, Section 441, rulemaking; (3) this action is not a
BILLING CODE 4910–13–M which transferred the duties of the INS ‘‘regulation’’ or ‘‘rule’’ as defined by
to the Department of Homeland Security section 3(d)(3) of Executive Order 12866
(DHS). Accordingly, this rule omits the (‘‘Regulatory Planning and Review’’)
DEPARTMENT OF JUSTICE language in our originating and and, therefore, this action has not been
authorizing statutes regarding INS reviewed by the Office of Management
28 CFR Part 0 detainees. and Budget.
[Docket No. OAG 111; AG Order No. 2825– Notwithstanding the transfer of the This rule will not have substantial
2006] former INS to DHS, the October 2003 direct effects on the States, on the
Conference Report on the Fiscal Year relationship between the national
Office of the Attorney General; 2004 appropriations nevertheless government and the States, or on
Establishment of the Office of the directed the Justice Department ‘‘to distribution of power and
Federal Detention Trustee develop Memoranda of Understanding responsibilities among the various
with the Department of Homeland levels of government. Therefore, in
AGENCY: Department of Justice.
Security and other appropriate Federal accordance with Executive Order 13132
ACTION: Final rule. agencies regarding the continued (‘‘Federalism’’), it is determined that
SUMMARY: This rule amends the integration of fingerprint systems, this rule does not have sufficient
Department of Justice (the Department) automated booking capabilities, federalism implications to warrant the
organizational regulations to reflect the detention bed space needs, and preparation of a Federalism Assessment.
establishment within the Department of transportation of prisoners.’’ H.R. Rep. This regulation meets the applicable
Justice of the Office of the Federal No. 108–401, 108th Cong., 1st Sess., 516 standards set forth in sections 3(a) and
Detention Trustee (OFDT), and to set (2003). On January 28, 2004, OFDT 3(b)(2) of Executive Order 12988 (‘‘Civil
forth the general authorities of the entered into an interagency agreement Justice Reform’’). This rule will not
Detention Trustee. with U.S. Immigration and Customs result in the expenditure by State, local,
Enforcement (ICE) to allow ICE ‘‘to and tribal governments, in the aggregate,
DATES: This rule is effective June 26,
obtain the specific services of the OFDT or by the private sector, of $100,000,000
2006.
as a provider of procurement and or more in any one year, and it will not
FOR FURTHER INFORMATION CONTACT: contract/agreement management significantly or uniquely affect small
Katherine A. Day, General Counsel, support for the ICE nonfederal detention governments. Therefore, no actions were
Office of the Federal Detention Trustee, program,’’ particularly as regards ICE deemed necessary under the provisions
U.S. Department of Justice, 4601 N. requirements for detention space. of the Unfunded Mandates Reform Act
Fairfax Drive, 9th Floor, Washington, Beginning in 2003 with the of 1995. This action pertains to agency
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DC 20530; Telephone (202) 353–4601; Consolidated Appropriations management, personnel, and


FAX (202) 353–4611. Resolution, 2003 (Pub. L. 108–7, Div. B, organization and does not substantially
SUPPLEMENTARY INFORMATION: The Office Title I, Feb. 20, 2003, 117 Stat. 51), and affect the rights or obligations of non-
of the Federal Detention Trustee (OFDT) continuing with each appropriations act agency parties and, accordingly, is not

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