[Federal Register: March 12, 2004 (Volume 69, Number 49)]
[Rules and Regulations]
[Page 11797-11798]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12mr04-7]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2004-17151; Airspace Docket No. 04-ACE-17]
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 amends Title 14 Code of Federal Regulations, part
71 (14 CFR 71) by revising Class E airspace at Johnson, KS. Controlled
airspace at Johnson, KS was modified and published in the Federal
Register with an effective date of February 19, 2004. A new Standard
Instrument Approach Procedure (SIAP) has been developed to serve
Stanton County Municipal Airport requiring additional controlled
airspace. This action provides controlled airspace of appropriate
dimensions to protect aircraft executing SIAPs in instrument weather
conditions to the Stanton County Municipal Airport and brings the
airspace area and legal description into compliance with FAA Orders.
DATES: This direct final rule is effective on 0901 UTC, June 10, 2004.
Comments for inclusion in the Rules Docket must be received on or
before April 20, 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-2004-17151/Airspace Docket No. 04-ACE-17, 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 extending upward from 700 feet above the surface
at Johnson, KS. Area Navigation (RNAV) Global Positioning System (GPS)
Standard Instrument Approach Procedures (SIAPs) that serve Runway (RWY)
17 and RWY 35 Stanton County Municipal Airport and nondirectional radio
beacon (NDB)-A SIAP were developed to serve Stanton County Municipal
Airport. Controlled airspace at Johnson, KS was modified to appropriate
dimensions for the new SIAPs and published in the Federal Register on
Wednesday, November 19, 2003 (68 FR 65159) [FR Doc. 03-28825]. The NDB-
A SIAP has been replaced by a newly developed NDB RWY 17 SIAP with
lower approach minimums. The new NDB RWY 17 SIAP has a lower final
approach fix crossing altitude than the NDB-A SIAP it replaces. This
necessitates a north extension of the Johnson, KS Class E airspace area
to protect aircraft executing the SIAP in instrument weather
conditions. This action brings the legal description of this airspace
area into compliance with FAA Order 7400.2E, Procedures for Handling
Airspace Matters. 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, Airspace Designations and Reporting Points, 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-2004-17151/
Airspace Docket No. 04-ACE-17.'' 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.
[[Page 11798]]
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 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.)
Bear Creek NDB
(Lat. 37[deg]38'08''N., long. 101[deg]44'05'' W.)
That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Stanton County Municipal Airport and
within 1.9 miles each side of the 359[deg] bearing from Bear Creek
NDB extending from the 6.5-mile radius of the airport to 7 miles
north of the NDB.
* * * * *
Issued in Kansas City, MO, on March 4, 2004.
David W. Hope,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 04-5682 Filed 3-11-04; 8:45 am]
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