[Federal Register Volume 69, Number 37 (Wednesday, February 25, 2004)]
[Rules and Regulations]
[Pages 8558-8559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4188]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2004-16986; Airspace Docket No. 04-ACE-4]


Modification of Class E Airspace; Parsons, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: The Tri-City Airport airport reference point (ARP) has been 
redefined. This action requires modifications to Parsons, KS controlled 
airspace in order to provide appropriate airspace for diverse 
departures at Tri-City Airport. An examination of controlled airspace 
for Parsons, KS revealed discrepancies in the legal description for the 
Parsons, KS Class E airspace area. The intended effect of this rule is 
to provide controlled airspace of appropriate dimensions to protect 
aircraft departing from and executing Standard Instrument Approach 
Procedures (SIAPs) to Tri-City Airport. The radius of the Class E area 
is decreased, discrepancies in the legal descriptions of Parsons, KS 
Class E airspace area are corrected and the airspace area and its legal 
descriptions are brought into compliance with FAA Orders.

DATES: This direct final rule is effective on 0901 UTC, June 10, 2004. 
Comments for inclusion in the Rules Docket must be received on or 
before April 2, 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-2004-16986/Airspace Docket No. 04-ACE-4, 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 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 
at Parsons, KS. The Tri-City Airport ARP has been redefined. The 
Parsons, KS Class E airspace area must be decreased from a 6.6-mile 
radius of Tri-City Airport to a 6.5-mile radius in order to comply with 
the criteria for 700 feet Above Ground Level (AGL) airspace required 
for diverse departures. An examination of controlled airspace for 
Parsons, KS revealed discrepancies in the legal description for the 
Parsons, KS Class E airspace area. Extensions to the Class E airspace 
area are incorrectly defined. This amendment redefines current 
extensions to the airspace area relative to the Parsons nondirectional 
radio beacon (NDB) and describes the centerline of the south extension 
as the 172 bearing from the NDB versus the current 
174 bearing. It also establishes a northwest extension 
to protect aircraft executing the very high frequency omni-directional 
range (VOR)--A SIAP to Tri-City Airport and brings the legal 
description of the Parsons, KS Class E airspace area into compliance 
with FAA Order 7400.2E, Procedures for Handling Airspace Matters. 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 7400.9L, 
dated September 2, 2003, and effective September 16, 2003, 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 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-2004-16986/Airspace Docket No. 04-ACE-4.'' 
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

[[Page 8559]]

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 7400.9L, dated September 2, 2003, and effective 
September 16, 2003, 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 Parsons, KS

Parsons, Tri-City Airport, KS
    (Lat. 3719'48'' N., long. 
9530'22'' W.)
Parsons NDB
    (Lat. 3720'17'' N., long. 
9530'31'' W.)
Oswego VORTAC
    (Lat. 3709'27'' N., long. 
9512'13'' W.)
    That airspace extending upward from 700 feet above the surface 
within a 6.5-mile radius of Tri-City Airport and within 2.6 miles 
each side of the 009 bearing from the Parsons NDB 
extending from the 6.5-mile radius of the airport to 7 miles north 
of the NDB and within 2.6 miles each side of the 172 
bearing from the NDB extending from the 6.5-mile radius of the 
airport to 7 miles south of the NDB and within 4 miles each side of 
the Oswego VORTAC 306 radial extending from the 6.5-
mile radius of the airport to 10.9 miles northwest of the airport.
* * * * *

    Issued in Kansas City, MO, on February 10, 2004.
Paul J. Sheridan,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 04-4188 Filed 2-24-04; 8:45 am]
BILLING CODE 4910-13-M