[Federal Register Volume 63, Number 80 (Monday, April 27, 1998)]
[Rules and Regulations]
[Pages 20528-20529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11130]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98-ACE-6]


Amendment to Class D and Class E Airspace; St. Joseph, 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 Rosecrans Memorial Airport, St. Joseph, MO. A review of the Class E 
airspace for Rosecrans Memorial 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 
Class E airspace area has been enlarged to conform to the criteria of 
FAA Order 7400.2D. A 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, comply with the criteria of FAA 
Order 7400.2D, and provide additional controlled Class E airspace for 
aircraft operating under Instrument Flight Rules (IFR).

DATES: Effective date: 0901 UTC, August 13, 1998.
    Comment date: Comments for inclusion in the Rules Docket must be 
received on or before June 15, 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-6, 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 71 revises the 
Class D and Class E airspace at St. Joseph, MO. A review of the Class E 
airspace for Rosecrans Memorial 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 Class E airspace area has been 
enlarged to conform to the criteria 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 Class D and 
Class E areas are amended to indicate the new ARP coordinates. The 
amendment at Rosecrans Memorial Airport will meet the criteria of FAA 
Order 7400.2D, revise the ARP coordinates, provide additional 
controlled airspace at the 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 are published in paragraph 5000, 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

[[Page 20529]]

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 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-6''. 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  St. Joseph, MO  [Revised]

Rosecrans Memorial Airport, MO
    (lat. 39 deg.46'19'' N., long. 94 deg.54'35'' W.)

    That airspace extending upward from the surface to and including 
3,300 feet MSL within a 4.2-mile radius of the Rosecrans Memorial 
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 6004  Class E airspace areas designated as an extension 
to a Class D or Class E surface area

* * * * *

ACE MO E4 St. Joseph, MO [Revised]

Rosecrans Memorial Airport, MO
    (lat. 39 deg.46'19'' N., long. 94 deg.54'35'' W.)
St. Joseph VORTAC
    (lat. 39 deg.57'38'' N., long. 94 deg.55'31'' W.)
TARIO LOM
    (lat. 39 deg.40'33'' N., long. 94 deg.54'25'' W.)
Rosecrans Memorial Airport ILS
    (lat. 39 deg.47'16'' N., long. 94 deg.54'25'' W.)

    That airspace extending upward from the surface within 1.8 miles 
each side of the St. Joseph ILS localizer south course extending 
from the 4.2-mile radius of Rosecrans Memorial Airport to the TARIO 
LOM and within 1.8 miles each side of the St. Joseph VORTAC 175 deg. 
radial extending from the 4.2-mile radius of the airport to 5.8 
miles north of the airport. This Class E 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 6005  Class E airspace areas extending upward from 700 
feet or more above the surface of the earth.

* * * * *

ACE MO E5 St. Joseph, MO [Revised]

Rosecrans Memorial Airport, MO
    (lat. 39 deg.46'19'' N., long. 94 deg.54'35'' W.)
St. Joseph VORTAC
    (lat. 39 deg.57'38'' N., long. 94 deg.55'31'' W.)
TARIO LOM
    (lat. 39 deg.40'33'' N., long. 94 deg.54'25'' W.)
Rosecrans Memorial Airport ILS
    (lat. 39 deg.47'16'' N., long. 94 deg.54'25'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.8-mile radius of Rosecrans Memorial Airport and within 
2.0 miles each side of the 175 deg. radial of the St. Joseph VORTAC 
and within 4 miles east and 6 miles west of the St. Joseph ILS 
localizer south course, extending from the 6.8-mile radius to 10.5 
miles south of the TARIO LOM.
* * * * *
    Issued in Kansas City, MO, on April 2, 1998.
Christopher R. Blum
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 98-11130 Filed 4-24-98; 8:45 am]
BILLING CODE 4910-13-M