[Federal Register Volume 69, Number 37 (Wednesday, February 25, 2004)]
[Rules and Regulations]
[Pages 8559-8560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4189]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2004-16990; Airspace Docket No. 04-ACE-8]


Modification of Class E Airspace; Larned, KS

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 Larned, KS. 
A review of controlled airspace for Larned-Pawnee County Airport 
indicates it does not comply with the criteria for 700 feet Above 
Ground Level (AGL) airspace required for diverse departures. The area 
is modified and enlarged to conform to the criteria in 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 13, 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-2004-16990/Airspace Docket No. 04-ACE-8, 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 Larned, KS. An examination of controlled airspace for Larned-Pawnee 
County Airport reveals it does not meet the criteria for 700 feet 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 1,200 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. The controlled airspace examination also revealed non-compliance 
with FAA Order 8260.19C, Flight Procedures and Airspace. The Larned, KS 
Class E airspace area extension should be defined in relation to the 
Larned NDB versus the airport. This amendment expands the airspace area 
from a 6-mile radius to a 6.4-mile radius of Larned-Pawnee County 
Airport, defines the airspace extension in terms of the NDB and brings 
the legal description of the Larned, KS Class E airspace area into 
compliance with FAA Orders 7400.2E and 8260.19C. 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 7400.9L, Airspace 
Designations and Reporting Points, 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

[[Page 8560]]

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-2004-16990/
Airspace Docket No. 04-ACE-8.'' 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 7400.9L, 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 Larned, KS

Larned-Pawnee County Airport, KS
    (Lat. 3812'31'' N., long. 
9905'10'' W.)
Larned NDB
    (Lat. 3812'16'' N., long. 
9905'15'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.4-mile radius of Larned-Pawnee County Airport and within 
2.6 miles each side of the 003 bearing from the 
Larned NDB extending from the 6.4-mile radius of the airport to 7 
miles north of the NDB.
* * * * *

    Issued in Kansas City, MO, on February 13, 2004.
Paul J. Sheridan,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 04-4189 Filed 2-24-04; 8:45 am]
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