[Federal Register Volume 64, Number 34 (Monday, February 22, 1999)]
[Rules and Regulations]
[Pages 8507-8508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4176]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 99-ACE-5]


Amendment to Class E Airspace; El Dorado, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action amends the Class E airspace area at Captain Jack 
Thomas/El Dorado Airport, El Dorado, KS. The FAA has developed Global 
Positioning System (GPS) Runway (RWY), 4 GPS RWY 15, GPS RWY 22, GPS 
RWY 33, and Nondirectional Radio Beacon (NDB) RWY 4 Standard Instrument 
Approach Procedures (SIAPs) to serve Captain Jack Thomas/El Dorado 
Airport, KS. Additional controlled airspace extending upward from 700 
feet Above Ground Level (AGL) is needed to accommodate these SIAPs and 
for Instrumental Flight Rules (IFR) operations at this airport. The 
enlarged area will contain the new GPS RWY 4, GPS RWY 15, GPS RWY 22, 
GPS RWY 33, and NDB RWY 4 SIAPs in controlled airspace.
    In addition, a minor revision to the Airport Reference Point (ARP) 
geographic coordinates for the Captain Jack Thomas/El Dorado Airport is 
included in this document. The intended effect of this rule is to 
provide controlled Class E airspace for aircraft executing the GPS RWY 
4, GPS RWY 15, GPS RWY 22, GPS RWY 33, and NDB RWY 4 SIAPs, revise the 
ARP coordinates for the Captain Jack Thomas/El Dorado Airport, and to 
segregate aircraft using instrument approach procedures in instrument 
conditions from aircraft operating in visual conditions.

DATES: This direct final rule is effective on 0901 UTC, May 20, 1999.
    Comments for inclusion in the Rules Docket must be received on or 
before April 1, 1999.

ADDRESSES: Send comments regarding the rule in triplicate to: Manager, 
Airspace Branch, Air Traffic Division, ACE-520, Federal Aviation 
Administration, Docket Number 99-ACE-5, 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: The FAA has developed GPS RWY 4, GPS RWY 15, 
GPS RWY 22, GPS RWY 33, and NDB RWY 4 SIAPs to serve the Captain Jack 
Thomas/El Dorado Airport, El Dorado, KS. In addition, the Class E 
airspace includes a minor revision to the geographic coordinates for 
the Captain Jack Thomas/El Dorado Airport ARP. The amendment to Class E 
airspace at El Dorado, KS, will provide additional controlled airspace 
at and above 700 feet AGL in order to contain the new SIAPs within 
controlled airspace, and thereby facilitate separation of aircraft 
operating under Instrument Flight Rules. The 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 7400.9F, dated September 10, 
1998, and effective September 16, 1998, 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

[[Page 8508]]

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 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.
    Comments 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. 99-ACE-5.'' 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 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 7400.9F, Airspace Designations and 
Reporting Points, dated September 10, 1998, and effective September 16, 
1998, is amended as follows:

Paragraph 6005  Class E airspace areas extending upward from 700 
feet or more above the surface of the earth.
* * * * *
ACE KS E5  El Dorado, KS [Revised]

Captain Jack Thomas/El Dorado Airport, KS
    (Lat. 37 deg.46'27''N., long. 96 deg.49'03''W.)
El Dorado NDB
    (Lat. 37 deg.46'46''N., long. 96 deg.48'59''W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.4-mile radius of Captain Jack Thomas/El Dorado Airport 
and within 2.5 miles each side of the 218 deg. bearing from the El 
Dorado NDB extending from the 64.-mile radius to 7 miles south of 
the airport.
* * * * *
    Issued in Kansas City, MO, on February 4, 1999.
Herman J. Lyons, Jr.,
Manager, Air Traffic Division, Central Region.
[FR Doc. 99-4176 Filed 2-19-99; 8:45 am]
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