[Federal Register Volume 63, Number 32 (Wednesday, February 18, 1998)]
[Rules and Regulations]
[Pages 8095-8096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3963]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98-ACE-2]


Amendment to Class D and Class E Airspace; Cape Girardeau, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This amendment revises the Class D and Class E airspace areas 
at Cape Girardeau Municipal Airport, Cape Girardeau, MO. A review of 
the Class E airspace for Cape Girardeau Municipal Airport indicates it 
does not comply with the criteria for 700 feet Above Ground Level (AGL) 
airspace required for diverse departures as specified in FAA Order 
7400.2D. The area has been enlarged to conform to the criteria of FAA 
Order 7400.2D. The current airspace description in FAA Order 7400.9E 
indicates part-time operation for the Class E airspace area. The actual 
hours of operation for the Class E airspace area are continuous. A 
minor revision to the Airport Reference Point (ARP) coordinates is 
included in this document. The intended effect of this rule is to 
revise the ARP coordinates, indicate the Class E airspace area is in 
effect continuously, comply with the criteria of FAA Order 7400.2D, and 
to provide additional controlled Class E airspace for aircraft 
operating under Instrument Flight Rules (IFR).

DATES: Effective date: 0901 UTC, June 18, 1998.
    Comment date: Comments for inclusion in the Rules Docket must be 
received on or before March 20, 1998.

ADDRESSES: Send comments regarding the rule in triplicate to: Manager, 
Airspace Branch, Air Traffic Division, ACE-520, Federal Aviation 
Administration, Docket Number 98-ACE-2, 601 East 12th Street, Kansas 
City, MO 64106.
    The official docket may be examined in the Office of the Regional 
Counsel for the Central Region at the same address between 9:00 a.m. 
and 3:00 p.m., Monday through Friday, except Federal holidays
    An informal docket may also be examined during normal business 
hours in the Air Traffic Division at the same address listed above.

FOR FURTHER INFORMATION CONTACT:
Kathy Randolph, Air Traffic Division, Airspace Branch, ACE-520C, 
Federal Aviation Administration, 601 East 12th Street, Kansas City, MO 
64106; telephone: (816) 426-3408.

SUPPLEMENTARY INFORMATION: This amendment to 14 CFR part 71 revises the 
Class D and Class E airspace at Cape Girardeau, MO. A review of the 
Class E airspace for Cape Girardeau Municipal Airport, indicates it 
does not meet the criteria for 700 feet AGL airspace required for 
diverse departures as specified in FAA Order 7400.2D. The criteria in 
FAA Order 7400.2D for an aircraft to reach 1200 feet AGL, is based on a 
standard climb gradient of 200 feet per mile, plus the distance from 
the ARP to the end of the outermost runway. Any fractional part of a 
mile is converted to the next higher tenth of a mile. The airspace 
description of Class E airspace area at Cape Girardeau Municipal 
Airport is revised to indicate full-time status by removing the 
statement which indicates part-time status. The Class E surface 
airspace area is in effect continuously. The Class D and Class E areas 
are amended to indicate the new ARP coordinates. The amendment at Cape 
Girardeau Municipal Airport will meet the criteria of FAA Order 
7400.2D, indicate the Class E airspace area status is continuous, 
revise the ARP coordinates, provide additional controlled airspace at 
and above 700 feet AGL, and thereby facilitate separation of aircraft 
operating under Instrument Flight Rules. The areas will be depicted on 
appropriate aeronautical charts. Class D airspace areas designated for 
an airport containing at least one primary airport around which the 
airspace is designated are published in paragraph 5000; Class E 
airspace areas designated as a surface area for an airport are 
published in paragraph 6002; Class E airspace areas designated as an 
extension to a Class D or Class E surface area are published in 
paragraph 6004; and 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 7400.9E, dated September 10, 1997, and effective 
September 16, 1997, which is incorporated by reference in 14 CFR 71.1. 
The Class D and 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. The amendment will 
enhance safety for all flight operations by designating an area where 
VFR pilots may anticipate the presence of IFR aircraft at lower 
altitudes, especially during inclement weather conditions. A greater 
degree of safety is achieved by depicting the area on aeronautical 
charts. 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

[[Page 8096]]

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

    Although this action is in the form of a final rule and was not 
preceded by a notice of proposed rulemaking, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications should identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended or withdrawn in light of 
the comments received. Factual information that supports the 
commenter's ideas and suggestions is extremely helpful in evaluating 
the effectiveness of this action and determining whether additional 
rulemaking action would be needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy-related aspects of the rule that 
might suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
action will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 98-ACE-2''. The postcard will be date stamped and 
returned to the commenter.

Agency Findings

    The regulations adopted herein will not have substantial direct 
effects 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, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that this regulation is noncontroversial and 
unlikely to result in adverse or negative comments. For the reasons 
discussed in the preamble, I certify that this regulation (1) Is not a 
``significant regulatory action'' under Executive Order 12866; (2) is 
not a ``significant rule'' under Department of Transportation (DOT) 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, will not have a significant economic impact, 
positive or negative, on a substantial number of small entities under 
the criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    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

    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 7400.9E, Airspace Designations and 
Reporting Points, dated September 10, 1997, and effective September 16, 
1997, is amended as follows:

Paragraph 5000  Class D airspace.

* * * * *

ACE MO D  Cape Girardeau, MO [Revised]

Cape Girardeau Municipal Airport, MO
    (Lat. 37 deg.13'31'' N., long. 89 deg.34'15'' W.)

    That airspace extending upward from the surface to and including 
2,800 feet MSL within a 4.1-mile radius of the Cape Girardeau 
Municipal Airport. This Class D airspace area is effective during 
the specific dates and times established in advance by a Notice to 
Airmen. The effective date and time will thereafter be continuously 
published in the Airport/Facility Directory.
* * * * *

Paragraph 6002  Class E airspace areas designated as a surface 
areaa for an airport.

* * * * *

ACE MO E2  Cape Girardeau, MO [Revised]

Cape Girardeau Municipal Airport, MO
    (Lat. 37 deg.13'31''N., long. 89 deg.34'15''W.)

    Within a 4.1-mile radius of the Cape Girardeau Municipal 
Airport.
* * * * *

Paragraph 6004  Class E airspace areas designated as an extension 
to a Class D or Class E surface area.

* * * * *

ACE MO E4  Cape Girardeau, MO [Revised]

Cape Girardeau Municipal Airport, MO
    (Lat. 37 deg.13'31''N., long. 89 deg.34'15''W.)
Cape Girardeau VOR/DME
    (Lat. 37 deg.13'39''N., long. 89 deg.34'21''W.)

    That airspace extending upward from the surface within 2.6 miles 
each side of the 108 deg. radial of the Cape Girardeau VOR/DME 
extending from the 4.1-mile radius of Cape Girardeau Municipal 
Airport to 4.4 miles east of the VOR/DME and within 2.2 miles each 
side of the 194 deg. radial of the Cape Girardeau VOR/DME extending 
from the 4.1-mile radius of the airport to 5.7 miles south of the 
VOR/DME and within 2.6 miles each side of the 279 deg. radial of the 
Cape Girardeau VOR/DME extending from the 4.1-mile radius of the 
Airport to 7.4 miles west of the VOR/DME.
* * * * *

Paragraph 6005  Class E airspace areas extending upward from 700 
feet or more above the surface of the earth.

* * * * *

ACE MO E5  Cape Girardeau, MO [Revised]

Cape Girardeau Municipal Airport, MO
    (Lat. 37 deg.13'31''N., long. 89 deg.34'15''W.)

Cape Girardeau VOR/DME
    (Lat. 37 deg.13'39''N., long. 89 deg.34'21''W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.6-mile radius of Cape Girardeau Municipal Airport and 
within 2.5 miles each side of the 108 deg. radial of the Cape 
Girardeau VOR/DME extending from the 6.6-mile radius to 8.7 miles 
east of the VOR/DME and within 3 miles each side of the 194 deg. 
radial of the Cape Girardeau VOR/DME extending from the 6.6-mile 
radius to 10 miles south of the VOR/DME and within 3 miles each side 
of the 279 deg. radial of the Cape Girardeau VOR/DME extending from 
the 6.6-mile radius to 8.7 miles west of the VOR/DME.
* * * * *
    Issued in Kansas City, MO, on January 9, 1998.
Christopher R. Blum,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 98-3963 Filed 2-17-98; 8:45 am]
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