[Federal Register: November 30, 2004 (Volume 69, Number 229)]
[Proposed Rules]
[Page 69554-69556]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30no04-20]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2004-19577; Airspace Docket No. 04-ACE-67]
Proposed Establishment of Class E2 Airspace; and Modification of
Class E5 Airspace; Independence, KS
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This notice proposes to create a Class E surface area at
Independence, KS. It also proposes to modify the Class E5 airspace at
Independence, KS.
DATES: Comments for inclusion in the Rules Docket must be received on
or before January 10, 2005.
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
[[Page 69555]]
20590-0001. You must identify the docket number FAA-2004-19577/Airspace
Docket No. 04-ACE-67, 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:
Comments Invited
Interested parties are invited to participate in this proposed
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-2004-19577/
Airspace Docket No. 04-ACE-67.'' The postcard will be date/time stamped
and returned to the commenter.
Availability of NPRM's
An electronic copy of this document may be downloaded through the
Internet at http://dms.dot.gov Recently published rulemaking documents can also be accessed through the FAA's Web page at http://www.faa.gov.
or the Superintendent of Document's Web page at http://www.access.gop.gov/nara
.
Additionally, any person may obtain a copy of this notice by
submitting a request to the Federal Aviation Administration, Office of
Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW.,
Washington 20591, or by calling (202) 267-8783. Communications must
identify both docket numbers for this notice. Persons interested in
being placed on a mailing list for future NPRM's should contact the
FAA's Office of Rulemaking (202) 267-9677, to request a copy of
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution
System, which describes the application procedure.
The Proposal
This notice proposes to amend Part 71 of the Federal Aviation
Regulations (14 CFR part 71) to establish Class E airspace designated
as a surface area for an airport at Independence, KS. Controlled
airspace extending upward from the surface of the earth is needed to
contain aircraft executing instrument approach procedures to
Independence Municipal Airport. Weather observations would be provided
by an Automatic Weather Observing/Reporting system (AWOS) and
communications would be direct with Kansas City Air Route Traffic
Control Center.
This notice also proposes to revise the Class E airspace area
extending upward from 700 feet above the surface at Independence, KS.
An examination of this Class E airspace area revealed it does not
comply with airspace requirements for diverse departments from
Independence Municipal Airport as set forth in FAA Order 7400.2E,
Procedures for Handling Airspace Matters. The examination also revealed
discrepancies in the Independence Municipal Airport airport reference
point. This proposal would correct these anomalies. The areas would be
depicted on appropriate aeronautical charts.
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 Paragraph 6005 of the
same Order. The Class E airspace designations listed in this document
would be published subsequently in the Order.
The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
This proposed rulemaking is promulgated under the authority
described in Subtitle VII, Part A, Subpart I, Section 40103. Under that
section, the FAA is charged with prescribing regulations to assign the
use of the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This proposed regulation is within the scope
of that authority since it would contain aircraft executing instrument
approach procedures to Independence Municipal Airport and correct
discrepancies in the airport reference point.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (Air).
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 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 7400.9M, Airspace Designations and
Reporting Points, 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 Independence, KS
Independence Municipal Airport, KS (lat. 37[deg]09'30'' N.,
long. 95[deg]46'42'' W.).
Within a 4.6-mile radius of Independence Municipal Airport.
* * * * *
[[Page 69556]]
Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *
ACE KS E5 Independence, KS
Independence Municipal Airport, KS (lat. 37[deg]09'30'' N.,
long. 95[deg]46'42'' W.).
That airspace extending upward from 700 feet above the surface
within a 7.5-mile radius of the Independence Municipal Airport.
* * * * *
Issued in Kansas City, MO, on November 10, 2004.
Anthony D. Roetzel,
Acting Area Director, Western Flight Services Operations.
[FR Doc. 04-26344 Filed 11-29-04; 8:45 am]
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