[Federal Register: March 3, 2005 (Volume 70, Number 41)]
[Rules and Regulations]
[Page 10318-10319]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03mr05-2]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2005-20063; Airspace Docket No. 05-ACE-5]
Modification of Class E Airspace; Neosho, 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 71) by revising Class E airspace at Neosho, MO. A review of
the Class E airspace area extending upward from 700 feet above ground
level (AGL) at Neosho, MO revealed it is not in compliance with
established airspace criteria. The area is modified and enlarged to
conform to the criteria in FAA Orders. The intended effect of this rule
is to provide controlled airspace of appropriate dimensions to protect
aircraft departing from and executing Standard Instrument Approach
Procedures (SIAPs) to Neosho Hugh Robinson Airport.
DATES: This direct final rule is effective on 0901 UTC, July 7, 2005.
Comments for inclusion in the Rules Docket must be received on or
before April 15, 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-2005-20063/Airspace Docket No. 05-ACE-5, 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 Neosho, MO. An examination of controlled airspace for
Neosho, MO revealed the Class E airspace area does not comply with
airspace requirements for diverse departures from Neosho Hugh Robinson
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 ned of the outermost runway.
Any fractional part of a mile is converted to the next higher tenth of
a mile. Additionally, the examination revealed the description and
dimensions of the extension to the airspace area were not in compliance
with FAA Orders 7400.2E and 8260.19C, Flight Procedures and Airspace.
This amendment expands the airspace area from a 6.5-mile to a 7-mile
radius of Neosho Hugh Robinson Airport, decreases the width of the
extension from 1.8 miles to 1.5 miles each side of the Neosho very high
frequency omni-directional radio range/distance measuring equipment
(VOR/DME) 310[deg] radial, expands the extension from 7 miles northwest
of the airport to 7 miles northwest of the VOR/DME and defines the
extension in relation to the VOR/DME. Additional, the location of the
VOR/DME is corrected in the legal description. These modifications
provide controlled airspace of appropriate dimensions to protect
aircraft departing from and executing SIAPs to Neosho Hugh Robinson
Airport and bring the legal description of the Neosho, 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, or a written notice of intent to submit an
adverse or negative comment is received within the comment period, the
regulations 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 not 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 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 view 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.
[[Page 10319]]
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-2005-20063/Airspace Docket No. 05-ACE-5.'' 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 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 ``significantly 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,
that 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 Neosho Hugh Robinson Airport.
List of Subjects in 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 7400.9M, 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 Neosho, MO
Neosho Hugh Robinson Airport, MO
(Lat. 36[deg]48'39'' N., long. 94[deg]23'30'' W.)
Neosho VOR/DME
(Lat. 36[deg]50'33'' N., long. 94[deg]26'09'' W.)
That airspace extending upward from 700 feet above the surface
within a 7-mile radius of Neosho Hugh Robinson Airport and within
1.5 miles each side of the Neosho VOR/DME 310[deg] radial extending
from the 7-mile radius of the airport to 7 miles northwest of the
VOR/DME.
* * * * *
Issued in Kansas City, MO, on February 17, 2005.
Anthony D. Roetzel,
Acting Area Director, Western Flight Services Operations.
[FR Doc. 05-4130 Filed 3-2-05; 8:45 am]
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