[Federal Register Volume 68, Number 162 (Thursday, August 21, 2003)]
[Rules and Regulations]
[Pages 50464-50465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21461]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2003-15727; Airspace Docket No. 03-ACE-69]


Modification of Class E Airspace; Corning, IA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action modifies the Class E airspace area at Corning, IA. 
A review of controlled airspace for Corning 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 7400.2E. A discrepancy in the airspace extension was also 
detected. The area is modified and enlarged to conform to the criteria 
in FAA Order 7400.2E.

DATES: This direct final rule is effective on 0901 UTC, December 25, 
2003. Comments for inclusion in the Rules Docket must be received on or 
before October 7, 2003.

ADDRESSES: Send comments on this rule 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-2003-15727/Airspace Docket No. 03-ACE-69, 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 rule, any 
comments received, and any final disposition in person in the Dockets 
Office between 9 a.m. and 5 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 Municipal 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 
Class E airspace area extending upward from 700 feet above the surface 
of the earth at Corning, IA. An examination of controlled airspace for 
Corning Municipal Airport reveals it does not meet the criteria for 700 
AGL airspace required for diverse departures as specified in FAA Order 
7400.2E, Procedures for Handling Airspace Matters. The criteria in FAA 
Order 7400.2E 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 
Airport Reference Point (ARP) to the end of the outermost runway. Any 
fractional part of a mile is converted to the next higher tenth of a 
mile. This amendment also modifies the extension to the Corning, IA 
Class E airspace by defining it with the 009[deg] bearing from the 
Corning nondirectional radio beacon (NDB) versus the current 010[deg] 
bearing. This amendment brings

[[Page 50465]]

the legal description of the Corning, IA Class E airspace area into 
compliance with FAA Order 7400.2E. This 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 7400.9K, dated August 30, 
2002, and effective September 16, 2002, 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 anticiipates 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. 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 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-2003-15727/
Airspace Docket No. 03-ACE-69.'' 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 regualtion (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 6005 Class E airspace areas extending upward from 700 
feet or more above the surface of the earth.

* * * * *

ACE IA E5 Corning IA

Corning Municipal Airport, IA
    (Lat. 40[deg]59'39''N, long. 94[deg]45'18'' W)
Corning NDB
    (Lat. 40[deg]59'47''N, long. 94[deg]45'25'' W)

    That airspace extending upward from 700 feet above the surface 
within a 6.3-mile radius of Corning Municipal Airport and within 2.6 
miles each side of the 009[deg] bearing from the Corning NDB 
extending from the 6.3-mile radius to 7 miles north of the airport.
* * * * *

    Issued in Kansas City, MO, on August 11, 2003.
Herman J. Lyons, Jr.
Manager, Air Traffic Division, Central Region.
[FR Doc. 03-21461 Filed 8-20-03; 8:45 am]
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