[Federal Register Volume 64, Number 118 (Monday, June 21, 1999)] [Rules and Regulations] [Pages 33012-33013] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-15709] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Airspace Docket No. 99-ACE-24] Amendment to Class E Airspace; Emporia, KS AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule; request for comments. ----------------------------------------------------------------------- SUMMARY: This action amends the Class E airspace areas at Emporia Municipal Airport, Emporia, KS. The FAA has developed Global Positioning System (GPS) Runway (RWY) 1, GPS RWY 19, VHF Omnidirectional Range/Distance Measuring Equipment (VOR/DME) Area Navigation (RNAV) RWY 19, and amended the VOR or GPS-A Standard Instrument Approach Procedures (SIAPs) to serve Emporia Municipal Airport, KS. The Development of these SIAPs has resulted in a slight reduction in the Class E surface area. Additional controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to accommodate these SIAPs, however the extensions to the north and southeast have been eliminated. The enlarged Class E area will contain the new GPS RWY 1, GPS RWY 19, VOR/DME RNAV RWY 19, and VOR or GPS-A SIAPs in controlled airspace. In addition, a minor revision to the Airport Reference Point (ARP) geographic coordinates for the Emporia Municipal 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 1, GPS RWY 19, VOR/DME RNAV RWY 19, and VOR or GPS-A SIAPs, revise the ARP coordinates for the Emporia Municipal 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, September 9, 1999. Comments for inclusion in the Rules Docket must be received on or before July 26, 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-24, 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 1, GPS RWY 19, VOR/DME RNAV RWY19, and VOR or GPS-A SIAPs to serve the Emporia Municipal Airport, Emporia, KS. In addition, the Class E airspace includes a minor revision to the geographic coordinates for the Emporia Municipal Airport ARP. The Class E surface area is slightly reduced. The amendment to Class E airspace at Emporia, KS, will provide additional controlled airspace at and above 700 feet AGL in order to contain the new SIAPs within controlled airspace, eliminate the extensions to the north and southeast, and thereby facilitate separation of aircraft operating under Instrument Flight Rules. The areas will be depicted on appropriate aeronautical charts. Class E airspace areas designated as a surface area for an airport are published in paragraph 6002 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 7400.9F, dated September 10, 1998, and effective September 16, 1998, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations 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 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 [[Page 33013]] 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. 99-ACE-24.'' 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, 1997); 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 6002 Class E airspace areas designated as a surface area airport. * * * * * ACE KS E2 Emporia, KS [Revised] Emporia Municipal Airport, KS (Lat. 38 deg.19'56'' N., long. 96 deg.11'28'' W.) Within a 4-mile radius of Emporia Municipal 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 KS E5 Emporia, KS [Revised] Emporia Municipal Airport, KS (Lat. 38 deg.19'56'' N., long. 96 deg.11'28'' W.) That airspace extending upward from 700 feet above the surface within a 6.5-mile radius of Emporia Municipal Airport. * * * * * Issued in Kansas City, MO, on May 21, 1999. Donovan D. Schardt, Acting Manager, Air Traffic Division, Central Region. [FR Doc. 99-15709 Filed 6-18-99; 8:45 am] BILLING CODE 4910-13-M