[Federal Register: February 10, 2005 (Volume 70, Number 27)]
[Rules and Regulations]
[Page 7021-7022]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10fe05-10]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2005-20061; Airspace Docket No. 05-ACE-3]
Modification of Class E Airspace; Ozark, MO
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 part 71) by revising Class E airspace at Ozark, MO. A review
of the Class E airspace area extending upward from 700 feet above
ground level (AGL) at Ozark, MO revealed it is not in compliance with
established airspace criteria. This airspace area is enlarged and
modified to conform to FAA Orders. The intended effect of this rule is
to provide controlled airspace of appropriate dimensions to protect
aircraft departing from and executing Standard Instrumental Approach
Procedures (SIAPs) to Air Park South Airport. This rule also amends the
Air Park South Airport airport reference point (ARP) in the legal
description to reflect current data. The area is modified and enlarged
to conform to the criteria in FAA Orders.
DATES: This direct final rule is effective on 0901 UTC, May 12, 2005.
Comments for inclusion in the Rules Docket must be received on or
before March 14, 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-2005-20061/Airspace Docket No. 05-ACE-3, 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: This amendment to 14 CFR Part 71 modifies
the Class E airspace area extending upward from 700 feet above the
surface at Ozark, MO. An examination of controlled airspace for Ozark,
MO revealed the Class E area does not comply with airspace requirements
for diverse departures from Air Park South Airport as set forth 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, taking
into consideration rising terrain, is based on a standard climb
gradient of 200 feet per mile plus the distance from the airport
reference point to the end of the outermost runway. Any fractional part
of a mule is converted to the next higher tenth of a mile.
Additionally, the examination revealed the description and dimensions
of the north extension to the airspace area were not in compliance with
FAA Orders 7400.2ZE and 8260.19C, Flight Procedures and Airspace. This
amendment expands the airspace area from a 6-mile to a 6.8-mile radius
of Air Park South Airport, decreases the width of the north extension
from 2.6 miles to 2 miles each side of the Springfield collocated very
high frequency omni-directional radio range and tactical air
navigational aid (VORTAC) 165[deg] radial and defines the extension in
relation to the VORTAC. Additionally, the Air Park South Airport ARP is
corrected in the legal description. These modifications provide
controlled airspace of appropriate dimensions to protect aircraft
departing from and existing SIAPs to Air Park South Airport and bring
the legal description of the Ozark, MO Class E airspace area into
compliance with FAA Orders 7400.2E and 8260.19C. 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 7400.9M, Airspace
Designations and Reporting Points, dated August 30, 2004, and effective
September 16, 2004, 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,
[[Page 7022]]
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-2005-20061/Airspace Docket Nol 05-ACE-3.''
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 only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation--(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 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 regulation is within the scope of that authority
since it contains aircraft executing instrument approach procedures to
Air Park South Airport.
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 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 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *
ACE MO E5 Ozark, MO
Ozark, Air Park South Airport, MO
(Lat. 37[deg]03'34'' N., long. 93[deg]14'03'' W.)
Springfield VORTAC
(Lat. 37[deg]21'21'' N., long. 93[deg]20'03'' W.)
That airspace extending upward from 700 feet above the surface
within a 6.8-mile radius of Air Park South Airport and within 2
miles each side of the Springfield VORTAC 165[deg] radial extending
from the 6.8-mile radius of the airport to 10 miles south of the
VORTAC.
* * * * *
Issued in Kansas City, MO, on January 25, 2005.
Elizabeth S. Wallis,
Acting Area Director, Western Flight Services Operations.
[FR Doc. 05-2554 Filed 2-9-05; 8:45 am]
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