[Federal Register: January 28, 2003 (Volume 68, Number 18)]
[Rules and Regulations]               
[Page 4097-4098]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ja03-6]                         


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DEPARTMENT OF TRANSPORTATION


Federal Aviation Administration


14 CFR Part 71


[Docket No. FAA-2003-14243; Airspace Docket No. 03-ACE-3]


 
Revocation of Class E Airspace; Brookfield, MO


AGENCY: Federal Aviation Administration (FAA), DOT.


ACTION: Direct final rule; request for comments.


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SUMMARY: This revokes Class E airspace at Brookfield, MO. All 
instrument approach procedures for the Brookfield, General John J. 
Pershing Memorial Airport, MO are cancelled effective January 23, 2003, 
in preparation for closure of the airport. Controlled airspace 
extending upward from 700 feet above ground level (AGL) will no longer 
be needed to contain aircraft executing instrument procedures. This 
Action revokes the Class E airspace for Brookfield, General John J. 
Pershing Memorial Airport, MO.


DATES: This direct final rule is effective on 0901 UTC, April 17, 2003. 
Comments for inclusion in the Rules Docket must be received on or 
before February 28, 2003.


[[Page 4098]]




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-2003-14243/Airspace Docket No. 03-ACE-3, 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-502A 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 revokes Class E 
airspace area at Brookfield, MO. All instrument approach procedures for 
the Brookfield, General John J. Pershing Memorial Airport, MO are 
cancelled effective January 23, 2003, in preparation for closure of the 
airport. Controlled airspace extending upward from 700 feet above 
ground level (AGL) will no longer be needed to contain aircraft 
executing instrument procedures. The area will be removed from 
appropriate aeronautical charts. Class E airspace extending upward from 
700 feet or more above the surface of the earth are published in 
paragraph 6005 of FAA Order 7400.9K, dated August 30, 2002, and 
effective September 16, 2002, which is incorporated by reference in 14 
CFR 71.1. The Class E airspace designation listed in this document will 
be subsequently deleted from 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-2003-14243/Airspace Docket No. 03-ACE-3''. 
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.


List of Subjects in 14 CFR Part 71


    Airspace, Incorporation by reference, Navigation (air).


Adoption of the Amendment


    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


    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]


    2. The incorporation by reference in 14 CFR 71.1 of Federal 
Aviation Administration Order 7400.9K, dated August 30, 2002, and 
effective September 16, 2002, is amended as follows:


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


* * * * *


ACE MO E5 Brookfield, MO [Removed]


* * * * *


    Issued in Kansas City, MO on January 13, 2003.
Paul J. Sheridan,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 03-1876 Filed 1-27-03; 8:45 am]

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