[Federal Register: November 19, 2003 (Volume 68, Number 223)]
[Rules and Regulations]
[Page 65159-65161]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19no03-2]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2003-16411; Airspace Docket No. 03-ACE-77]
Modification of Class E Airspace; Johnson, KS
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule; request for comments.
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SUMMARY: This action modifies the Johnson, KS Class E airspace area.
Area Navigation (RNAV) Global Positioning System (GPS) Standard
Instrument Approach Procedures (SIAPs) and a nondirectional radio
beacon (NDB) SIAP have been developed to serve Stanton County Municipal
Airport. The existing SIAP serving Stanton County Municipal Airport
will be cancelled when these new SIAPs become effective. An examination
of controlled airspace for Johnson, KS revealed a discrepancy in the
Stanton County Municipal Airport Airport Reference Point (ARP) used in
the legal description of the Class E airspace area. The examination
also revealed that this airspace area does not provide adequate
airspace for diverse
[[Page 65160]]
departures. This action provides controlled airspace of appropriate
dimensions to protect aircraft departing Stanton County Municipal
Airport in instrument weather conditions and aircraft executing SIAPs
to the airport. It also incorporates the revised Stanton County
Municipal Airport ARP into the Class E airspace legal description and
brings the airspace area and legal description into compliance with FAA
Orders.
DATES: This direct final rule is effective on 0901 UTC, February 19,
2004. Comments for inclusion in the Rules Docket must be received on or
before December 16, 2003.
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-2003-16411/Airspace Docket No. 03-ACE-77, 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 fo the Department of Transportation NASSIF
Building at the above address.
FOR FURTHER INFORMATION CONTACT: Kathy Randolph, Air Traffic Division,
Airspace Branch, ACE-520C, DOT Regional 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
at Johnson, KS. A review of controlled airspace at Johnson, KS revealed
a discrepancy in the Stanton County Municipal Airport ARP used in the
legal description for this airspace area. The review also indicates
existing 700 feet Above Ground Level (AGL) airspace does not meet
criteria for diverse departures as specified in FAA Order 7400.2E,
Procedures for Handling Airspace Matters. The criteria in FAA Order
7400.2E for an aircraft to reach 1200 feet AGL is based on a standard
climb gradient of 200 feet per mile plus the distance from the ARP to
the end of the outermost runway. Any fractional part of a mile is
converted to the next higher tenth of a mile. The area is enlarged to
conform to the criteria in FAA Order 7400.2E. This airspace area also
encompasses required airspace for the newly developed RNAV (GPS) SIAPs
that serve Runway (RWY) 17 and RWY 35 at Stanton County Municipal
Airport. The new NDB SIAP has a higher final approach fix crossing
altitude than the NDB or GPS SIAP being cancelled. This eliminates the
need for the north extension of the Johnson, KS Class E airspace area.
This action brings the legal description of this airspace area into
compliance with FAA Order 7400.2E. The 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 7400.9L, dated September 2,
2003, and effective September 16, 2003, 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-2003-16411/Airspace Docket No. 03-ACE-
77.'' 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
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 7400.9L, dated September 2, 2003, and effective
[[Page 65161]]
September 16, 2003, is amended as follows:
Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *
ACE KS E5 Johnson, KS
Johnson, Stanton County Municipal Airport, KS
(Lat. 37[deg]34'58'' N., long. 101[deg]43'58'' W.)
That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Stanton County Municipal Airport.
* * * * *
Issued in Kansas City, MO, on October 30, 2003.
Paul J. Sheridan,
Acting Manager, Air Traffic Division Central Region.
[FR Doc. 03-28825 Filed 11-18-03; 8:45 am]
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