[Federal Register: March 7, 2005 (Volume 70, Number 43)]
[Rules and Regulations]               
[Page 10862-10864]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07mr05-3]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2005-20066; Airspace Docket No. 05-ACE-8]

 
Modification of Class E Airspace; Macon, 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 Macon, MO. A review of 
controlled airspace currently titled Macon-Fower, MO revealed it does 
not conform to proper format, does not reflect the correct name of the 
airport nor its correct airport reference point (ARP) and does not 
comply with criteria for 700 feet above ground level (AGL) airspace 
required for diverse departures. The area is renamed, modified and 
enlarged to conform to the criteria in FAA Orders.

DATES: This direct final rule is effective on 0901 UTC, July 7, 2005. 
Comments

[[Page 10863]]

for inclusion in the Rules Docket must be received on or before April 
20, 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-2005-20066/Airspace Docket No. 05-ACE-8, 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 currently titled ``Macon-Fower, MO''. In order to conform to 
proper format, the airspace area is renamed ``Macon, MO''. The airport 
at Macon, MO is incorrectly identified as ``Macon-Fower Municipal 
Airport'' and its ARP is not accurate. This action amends the airport 
name in the legal description to ``Macon-Fower Memorial Airport'' and 
corrects the ARP. An examination of controlled airspace for Macon-Fower 
Memorial Airport revealed it does not meet the criteria for 700 feet 
AGL airspace required for diverse departures as specified 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 mile is 
converted to the next higher tenth of a mile. This amendment expands 
the airspace area from a 6.4-mile radius to a 6.5-mile radius of Macon-
Fower Memorial Airport and brings the legal description of the Macon, 
MO Class E airspace area into compliance with FAA Order 7400.2E. 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 
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 participated 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-2005-20066/
Airspace Docket No. 05-ACE-8.'' 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 ``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 a routine matter 
that will only affect air traffic procedure 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 
Macon-Fower Memorial 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 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

[[Page 10864]]

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 Macon, MO

Macon-Fower Memorial Airport, MO
    (Lat. 39[deg]43'43'' N., long. 92[deg]27'52''W)

    That airspace extending upward from 700 feet above the surface 
within a 6.5-mile radius of Macon-Fower Memorial Airport.
* * * * *

    Issued in Kansas City, MO, on February 24, 2005.
Anthony D. Roetzel,
Acting Area Director, Western Flight Services Operations.
[FR Doc. 05-4286 Filed 3-4-05; 8:45 am]

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