[Federal Register: August 4, 2005 (Volume 70, Number 149)]
[Proposed Rules]
[Page 44868-44869]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04au05-15]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 44868]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2005-21607; Airspace Docket No. 05-ACE-17]
Proposed Establishment of Class E5 Airspace; Gardner, KS
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This document proposes to establish Class E5 airspace at
Gardner, KS.
DATES: Comments for inclusion in the Rules Docket must be received on
or before August 29, 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 20590-0001. You must identify the docket
number FAA-2005-21607/Airspace Docket No. 05-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: Brenda Mumper, Air Traffic Division,
Airspace Branch, ACE-520A, DOT Regional Headquarters Building, Federal
Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone:
(816) 329-2524.
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-2005-21607/
Airspace Docket No. 05-ACE-17.'' 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.gpo.gov/nara
.
Additionally, any person may obtain a copy of this notice by
submitting a request to the Federal Aviation Administration (FAA),
Office of Air Traffic Airspace Management, ATA-400, 800 Independence
Avenue, SW., Washington, DC 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) by establishing a Class E airspace area
extending upward from 700 feet above the surface at Gardner Municipal
Airport, KS. A Class E airspace area overlies Gardner Municipal
Airport, KS, however, its purpose and description are relative to
Olathe, New Century Aircenter, KS and does not fully enclose the NDB or
GPS-D Instrument Approach Procedures to Gardner Municipal Airport, KS.
This proposal would correct this discrepancy by establishing a Class E
airspace area extending upward from 700 feet above the surface within a
6.4-mile radius of Gardner Municipal Airport, KS excluding that
airspace within the Olathe, New Century Aircenter, KS Class D airspace.
This will define airspace of appropriate dimensions to protect aircraft
departing and executing instrument approach procedures to Gardner
Municipal Airport and bring the airspace area into compliance with FAA
directives. The area would 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
7400.9M, dated August 30, 2004, and effective September 16, 2004, which
is incorporated by reference in 14 CFR 71.1. 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 to
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
[[Page 44869]]
instrument approach procedures to Gardner Municipal Airport.
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 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *
ACE KS E5 Gardner, KS
Gardner Municipal Airport, KS
(Lat. 38[deg]48'25'' N., long. 94[deg]57'22'' W.)
That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Gardner Municipal Airport excluding that
airspace within the Olathe, New Century Aircenter, KS Class D
airspace area.
* * * * *
Issued in Kansas City, MO, on July 22, 2005.
Elizabeth S. Wallis,
Acting Area Director, Western Flight Services Operations.
[FR Doc. 05-15402 Filed 8-3-05; 8:45 am]
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