[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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