[Federal Register: October 19, 2004 (Volume 69, Number 201)]
[Rules and Regulations]
[Page 61439-61440]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19oc04-1]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
[[Page 61439]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2004-19325; Airspace Docket No. 04-ACE-54]
Modification of Class E Airspace; Dodge City, KS
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This action amends Title 14 Code of Federal Regulations, part
71 (14 CFR 71) by revising Class E airspace areas at Dodge City, KS. A
review of the controlled airspace areas at Dodge City, KS revealed
noncompliance with criteria for diverse departures from Dodge City
Regional Airport. The review also identified other discrepancies in the
legal descriptions for the Dodge City, KS Class E airspace areas. The
intended effect of this rule is to provide controlled airspace of
appropriate dimensions to protect aircraft departing from and executing
Standard Instrument Approach Procedures (SIAPs) to Dodge City Regional
Airport. It also corrects discrepancies in the legal descriptions of
Dodge City, KS Class E airspace areas and brings the airspace areas and
legal descriptions into compliance with FAA Orders.
DATES: This direct final rule is effective on 0901 UTC, January 20,
2005. Comments for inclusion in the Rules Docket must be received on or
before November 22, 2004.
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-2004-19325/Airspace Docket No. 04-ACE-54, 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: 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 designated as a surface area and the Class E
airspace area extending upward from 700 feet above the surface at Dodge
City, KS. An examination of controlled airspace for Dodge City, KS
revealed that these Class E airspace areas do not comply with airspace
requirements for diverse departures from Dodge City Regional Airport as
set forth in FAA Order 7400.2E, Procedures for Handling Airspace
Matters. The legal description of neither class E airspace area
reflects the correct Dodge City Regional Airport airport reference
point (ARP). The examination also revealed the lack of an extension to
the Class E airspace area extending upward from 700 feet above the
surface necessary to protect aircraft executing SIAPs.
This action modifies the Dodge City, KS Class E airspace area
designated as a surface area from a 4.3-mile to a 4.2-mile radius of
Dodge City Regional Airport. It expands the Class E airspace area
extending upward from 700 feet above the surface from a 6.5-mile to a
6.7-miles radius of Dodge City Regional Airport and adds a southeast
extension. The extension is defined by the Dodge City collocated very
high frequency omni-directional radio range and tactical air
navigational aid (VORTAC) 160[deg] radial, is 3.8 miles wide and
extends to 11.4 miles southeast of the airport. The Dodge City VORTAC
and the airspace extension are added to the legal description for the
Class E airspace area extending upward from 700 feet above the surface.
Additionally, the Dodge City Regional Airport ARP is corrected in both
legal descriptions.
These modifications provide controlled airspace of appropriate
dimensions to protect aircraft departing from and executing SIAPs to
Dodge City Regional Airport and bring the legal descriptions of the
Dodge City, KS Class E airspace areas into compliance with FAA Order
7400.2E. Class E airspace areas designated as surface areas are
published in Paragraph 6002 of FAA Order 7400.9M, dated August 30,
2004, and effective September 16, 2004, which is incorporated by
reference in 14 CFR 71.1. Class E airspace areas extending upward from
700 feet or more above the surface of the earth are published in
Paragraphs 6005 of the same FAA Order. The Class E airspace
designations 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
[[Page 61440]]
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-2004-19325/Airspace Docket No. 04-ACE-54.'' 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 7400.9M, dated August 30, 2004, and effective
September 16, 2004, is amended as follows:
Paragraph 6002 Class E Airspace Designated as Surface Areas.
* * * * *
ACE KS E2 Dodge City, KS
Dodge City Regional Airport, KS
(Lat. 37[deg]45'48'' N., long. 99[deg]57'56'' W.)
Within a 4.2-mile radius of Dodge City Regional Airport.
* * * * *
Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *
ACE KS E5 Dodge City, KS
Dodge City Regional Airport, KS
(Lat. 37[deg]45'48'' N., long. 99[deg]57'56'' W.)
Dodge City VORTAC
(Lat. 37[deg]51'02'' N., long. 100[deg]00'20'' W.)
That airspace extending upward from 700 feet above the surface
within a 6.7-mile radius of Dodge City Regional Airport and within
1.9 miles each side of the Dodge City VORTAC 160[deg] radial
extending from the 6.8-mile radius of the airport to 17 miles
southeast of the VORTAC.
* * * * *
Issued in Kansas City, MO on October 7, 2004.
Paul J. Sheridan,
Area Director, Western Flight Services Operations.
[FR Doc. 04-23387 Filed 10-18-04; 8:45 am]
BILLING CODE 4910-13-M