[Federal Register: August 21, 2003 (Volume 68, Number 162)]
[Rules and Regulations]
[Page 50465-50466]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21au03-5]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2003-15726; Airspace Docket No. 03-ACE-68]
Modification of Class E Airspace; Clarion, IA
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule; request for comments.
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SUMMARY: This action modifies the Class E airspace area at Clarion, IA.
A review of controlled airspace for Clarion Municipal Airport indicates
it does not comply with the criteria for 700 feet Above Ground Level
(AGL) airspace required for diverse departures as specified in FAA
Order 7400.2E. A discrepancy in the airspace extension was also
detected. The area is modified and enlarged to conform to the criteria
in FAA Order 7400.2E.
DATES: This direct final rule is effective on 0901 UTC, December 25,
2003. Comments for inclusion in the Rules Docket must be received on or
before October 6, 2003.
ADDRESSES: Send comments on this rule 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-2003-15726/Airspace Docket No. 03-ACE-68, 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 rule, 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
[[Page 50466]]
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: Kathy Randolph, Air Traffic Division,
Airspace Branch, ACE-520C, DOT Municipal Headquarters Building, Federal
Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone:
(816) 329-2525.
SUPPLEMENTARY INFORMATION: This amendment to 14 CFR 71 modifies the
Class E airspace area extending upward from 700 feet above the surface
of the earth at Clarion, IA. An examination of controlled airspace
required for Clarion Municipal Airport reveals it does not meet the
criteria for 700 AGL airspace required for diverse departures as
specified in FAA Order 7400.2E, Procedures for Handling Airspace
Matters. The criteria in FAA Order 7400.2E for an airspace to reach
1200 feet AGL is based on a standard climb gradient of 200 feet per
mile plus the distance from the Airport Reference Point (ARP) to the
end of the outermost runway. Any fractional part of a mile is converted
to the next higher tenth of a mile. This amendment also modifies the
extension to the Clarion, IA Class E airspace area by defining it with
the 308[deg] bearing from the Clarion nondirectional radio beacon (NDB)
versus the current 310[deg] bearing. This amendment brings the legal
description of the Clarion, IA Class E airspace area into compliance
with FAA Order 7400.2E. This area will be depicted on appropriate
aeronautical charts. 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 7400.9K, 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
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-2003-15726/Airspace Docket No. 03-ACE-
68.'' The postcard will be date/time stamped and returned to the
commenter.
Agency Findings
The regulations adopted 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
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 7400.9K, 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 IA E5 Clarion, IA
Clarion Municipal Airport, IA
(Lat. 42[deg]44'31'' N., long. 93[deg]45'32'' W.)
Clarion NDB
(Lat. 42[deg]44'45'' N., long. 93[deg]45'32'' W.)
That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of Clarion Municipal Airport and within 2.6
miles each side of the 308[deg] bearing from the Clarion NDB
extending from the 6.3-mile radius to 7.4 miles northwest of the
airport.
* * * * *
Issued in Kansas City, MO, on August 11, 2003.
Herman J. Lyons, Jr.
Manager, Air Traffic Division, Central Region.
[FR Doc. 03-21460 Filed 8-20-03; 8:45 am]
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