[Federal Register Volume 69, Number 37 (Wednesday, February 25, 2004)]
[Proposed Rules]
[Pages 8582-8583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4184]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2004-16985; Airspace Docket No. 04-ACE-3]


Proposed Establishment of Class E2 Airspace; and Modification of 
Class E5 Airspace; Muscatine, IA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: This notice proposes to create a Class E surface area at 
Muscatine, IA. It also proposes to modify the Class E5 airspace at 
Muscatine, IA.

DATES: Comments for inclusion in the Rules Docket must be received on 
or before March 30, 2004.

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-2002-16985/Airspace Docket No. 04-ACE-3, 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 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 Regional Headquarters Building, Federal 
Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: 
(816) 329-2525.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed 
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-2004-16985/
Airspace Docket No. 04-ACE-3.'' The postcard will be date/time stamped 
and returned to the commenter.

Availability of NPRM's

    An electronic copy of this document may be downloaded through the 
Internet at http://dms.dot.gov. Recently published remaking documents 
can also be accessed through the FAA's web page at http://www.faa.gov 
or the Superintendent of Document's web page at http://www.access.gpo.gov/nara.
    Additionally, any person may obtain a copy of this notice by 
submitting a request to the Federal Aviation Administration, Office of 
Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW., 
Washington, DC 20591, or by calling

[[Page 8583]]

(202) 267-8783. Communications must identify both docket numbers for 
this notice. Persons interested in being placed on a mailing list for 
future NPRM's should contact the FAA's Office of Rulemaking (202) 267-
9677, to request a copy of Advisory Circular No. 11-2A, Notice of 
Proposed Rulemaking Distribution System, which describes the 
application procedure.

The Proposal

    This notice proposes to amend Part 71 of the Federal Aviation 
Regulations (14 CFR part 71) to establish Class E airspace designated 
as a surface area for an airport at Muscatine, IA. An Instrument 
Landing System (ILS) or Localizer (LOC)/Distance Measuring Equipment 
(DME) Standard Instrument Approach Procedure (SIAP) has been developed 
to serve the Muscatine Municipal Airport. Controlled airspace extending 
upward from the surface is needed to contain aircraft executing the 
instrument approach procedure. Weather observations would be provided 
by an Automatic Weather Observing/Reporting System (AWOS) and 
communications would be direct with Quad City Approach Control for 
those times when the airspace area is in effect.
    This notice also proposes to revise the Class E airspace area 
extending upward from 700 feet above the surface at Muscatine, IA by 
expanding the airspace area from a 6.5-mile radius to a 6.6-mile radius 
of Muscatine Municipal Airport, correcting discrepancies in the 
identification of Port City Very High Frequency Omni-directional Range 
(VOR)/Distance Measuring Equipment (DME) radials used to describe the 
airspace area extensions, defining the extensions as they relate to 
Port City VOR/DME and bringing the legal description of the Muscatine, 
IA Class E airspace area into compliance with FAA Orders 7400.2E, 
Procedures for Handling Airspace Matters, and 8260.19C, Flight 
Procedures and Airspace. Terminal Airspace Data Requirements developed 
along with the ILS or LOC/DME SIAP necessitate an increase in 700 feet 
Above Ground Level (AGL) controlled airspace required for diverse 
departures. The criteria for 700 feet AGL airspace required for diverse 
departures specified in FAA Order 7400.2E are based on a standard climb 
gradient of 200 feet per mile plus the distance from the airport 
reference point to the end of the outermost runway. Any fractional part 
of a mile is converted to the next higher tenth of a mile. A review of 
controlled airspace at Muscatine, IA also revealed non-compliance with 
FAA Order 8260.19C. The Class E airspace area extensions should be 
defined in relation to Port City VOR/DME. The areas would be depicted 
on appropriate aeronautical charts.
    Class E airspace areas designated as surface areas are published in 
Paragraph 6002 of FAA Order 7400.9L, dated September 2, 2003, and 
effective September 16, 2003, 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 Order. The Class E airspace designations listed in this document 
would be published subsequently in the Order.
    The FAA has determined that this proposed regulation only involves 
an established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
It, therefore, (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under DOT 
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); 
and (3) does not warrant preparation of a Regulatory Evaluation as the 
anticipated impact is so minimal. Since this is a routine matter that 
will only affect air traffic procedures and air navigation, it is 
certified that this rule, when promulgated, will not have a significant 
economic impact 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).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 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 7400.9L, Airspace Designations and 
Reporting Points, dated September 2, 2003, and effective September 16, 
2003, is amended as follows:

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

ACE IA E2 Muscatine, IA

Muscatine Municipal Airport, IA
    (lat. 41 22'04'' N., long. 91 
08'54'' W.)

    Within a 3.9-mile radius of Muscatine Municipal Airport. This 
Class E airspace area is effective during 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 IA E5 Muscatine, IA

Muscatine Municipal Airport, IA
    (lat. 41 22'04'' N., long. 91 
08'54'' W.)
Port City VOR/DME
    (lat. 41 21'59'' N., long. 91 
08'57'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.6-mile radius of Muscatine Municipal Airport and within 
2.6 miles each side of the 063 radial of the Port 
City VOR/DME extending from the 6.6-mile radius of the airport to 7 
miles northeast of the VOR/DME and within 2.6 miles each side of the 
233 radial of the VOR/DME extending from the 6.6-mile 
radius of the airport to 7 miles southwest of the VOR/DME.
* * * * *

    Issued in Kansas City, MO, on February 9, 2004.
Paul J. Sheridan,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 04-4184 Filed 2-24-04; 8:45 am]
BILLING CODE 4910-13-M