[Federal Register: January 12, 2004 (Volume 69, Number 7)]
[Rules and Regulations]
[Page 1664-1665]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ja04-9]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2003-16748; Airspace Docket No. 03-ACE-92]
Modification of Class E Airspace; Anthony, KS
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 Anthony, KS.
A review of controlled airspace for Anthony Municipal Airport indicates
it does not comply with the criteria for 700 feet Above Ground Level
(AGL)
[[Page 1665]]
airspace required for diverse departures as specified. The area is
modified and enlarged to conform to the criteria in FAA Orders.
DATES: This direct final rule is effective on 0901 UTC, April 15, 2004.
Comments for inclusion in the Rules Docket must be received on or
before February 23, 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-2003-16748/Airspace Docket No. 03-ACE-92, 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 Municipal Headquarters Building, Federal
Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone:
(816) 329-2525.
SUPPLEMENTARY INFORMATION: This amendment to 14 CFR part 71 modifies
the Class E airspace area extending upward from 700 feet above the
surface at Anthony, KS. An examination of controlled airspace for
Anthony Municipal Airport reveals it does not meet the criteria for 700
feet 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 aircraft 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 brings the legal description of the
Anthony, KS 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
7400.9L, 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 its 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-2003-16748/Airspace Docket No. 03-ACE-
92.'' 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. There, 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
September 16, 2003, is amended as follows:
* * * * *
Paragraph 6005 Class E airspace areas extending upward from 700
feet above the surface of the earth.
* * * * *
ACE KS E5 Anthony, KS
Anthony Municipal Airports, KS
(Lat. 37[deg]09'31'' N., long. 98[deg]04'47'' W.)
That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Anthony Municipal Airport.
* * * * *
Issued in Kansas City, MO, on December 30, 2003.
Paul J. Sheridan,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 04-486 Filed 1-9-04; 8:45 am]
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