[Federal Register Volume 68, Number 86 (Monday, May 5, 2003)]
[Rules and Regulations]
[Pages 23581-23582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11033]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2003-14932; Airspace Docket No. 03-ACE-35]


Modification of Class E Airspace; Hays, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action modifies Class E airspace areas at Hays, KS and 
their legal descriptions. Hays Municipal Airport, KS has been renamed 
Hays Regional Airport, KS. There is a discrepancy in the Hays Regional 
Airport airport reference point used in the legal description of the 
Hays, KS Class E airspace surface area. The intended effect of this 
rule is to amend the airport name in the Hays, KS Class E airspace 
areas and their legal descriptions, to incorporate the correct Hays 
Regional Airport airport reference point, to amend the title of the 
Class E airspace area extending upward from 700 feet above the surface 
at Hays, KS and to comply with criteria of FAA Order 7400.2E, 
Procedures for Handling Airspace Matters.

DATES: This direct final rule is effective on 0901 UTC, September 4, 
2003. Comments for inclusion in the Rules Docket must be received on or 
before June 10, 2003.

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-2003-14932/Airspace Docket No. 03-ACE-35, 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 9:00 a.m. and 5:00 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: Kathy Randolph, Air Traffic Division, 
Airspace Branch, ACE-520C, DOT Regional Headquarters Building, Federal 
Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: 
(816) 329-2525.

SUPPLEMENTARY INFORMATION: This amendment to 14 CFR 71 modifies the 
Hays, KS Class E airspace areas. Hays Municipal Airport, KS has been 
renamed Hays Regional Airport, KS. An examination of controlled 
airspace at Hays, KS revealed a discrepancy in the Hays Regional 
Airport airport reference point used in the legal description for the 
Hays, KS Class E airspace designated as a surface area. The airspace 
examination also revealed a discrepancy in the title of the Hays, KS 
Class E airspace area extending upward from 700 feet above the surface. 
This action corrects the discrepancies by modifying the Class E 
airspace areas at Hays, KS and their legal descriptions. It amends the 
airport name in the Hays, KS Class E airspace areas and their legal 
descriptions, incorporates the correct Hays Regional Airport airport 
reference point in the Class E surface area, amends the title of the 
Class E airspace area extending upward from 700 feet above the surface 
and brings the legal descriptions of the Hays, KS Class E airspace 
areas into compliance with FAA Order 7400.2E, Procedures for Handling 
Airspace Matters. The areas will be depicted on appropriate 
aeronautical charts. Class E airspace areas designated as surface areas 
are published in Paragraph 6002 of FAA Order 7400.9K, dated August 30, 
2002, and effective September 16, 2002, which is incorporated by 
reference in 14 CFR 71.1. Class E airspace areas extending upward from 
700 feet or more above the surface of the earth are published in 
paragraph 6005 of the same FAA Order. 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

[[Page 23582]]

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 participate 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-2003-14932/Airspace Docket No. 03-ACE-
35.'' 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 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

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 
Administration Order 7400.9K, dated August 30, 2002, and effective 
September 16, 2002, is amended as follows:

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

ACE KS E2 Hays, KS

Hays Regional Airport, KS
    (Lat. 38[deg]50'41'' N., long. 99[deg]16'26'' W.)
Hays VORTAC
    (Lat. 38[deg]50'52'' N., long. 99[deg]16'36'' W.)

    Within a 4.1-mile radius of Hays Regional Airport and within 1.8 
miles each side of the Hays VORTAC 005[deg] radial extending from 
the 4.1-mile radius to 7 miles north of the VORTAC and within 1.8 
miles each side of the Hays VORTAC 169[deg] radial extending from 
the 4.1-mile radius to 6 miles south of the VORTAC.
* * * * *

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

* * * * *

ACE KS E5 Hays, KS

Hays Regional Airport, KS
    (Lat. 38[deg]50'41'' N., long. 99[deg]16'26'' W.)
Hays VORTAC
    (Lat. 38[deg]50'52'' N., long. 99[deg]16'36'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.6-mile radius of Hays Regional Airport and within 2.6 
miles each side of the Hays VORTAC 005[deg] radial extending from 
the 6.6-mile radius to 7.9 miles north of the airport and within 2.6 
miles each side of the Hays VORTAC 169[deg] radial extending from 
the 6.6-mile radius to 7.9 miles south of the airport.
* * * * *

    Issued in Kansas City, MO, on April 24, 2003.
Paul J. Sheridan,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 03-11033 Filed 5-2-03; 8:45 am]
BILLING CODE 4910-13-M