[Federal Register Volume 69, Number 44 (Friday, March 5, 2004)]
[Rules and Regulations]
[Pages 10330-10331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5026]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2004-16989; Airspace Docket NO. 04-ACE-7]


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. The Hays Municipal Airport airport reference 
point (ARP) is revised, the Class E airspace surface area and Class E 
airspace area extending upward from 700 feet above the surface are each 
expanded and the extensions to these airspace areas are redefined. The 
effect of this rule is to amend the Hays, KS Class E airspace areas and 
their legal descriptions, to incorporate the correct Hays Regional 
Airport airport reference point 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, 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-2004-16989/Airspace Docket No. 043-ACE-7, 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: This amendment to 14 CFR 71 modifies the 
Hays, KS Class E airspace areas and their legal descriptions and brings 
them into compliance with FAA Order 7400.2E. The National Aeronautical 
Charting Office has redefined the Hays Municipal Airport ARP. The Hays 
Municipal Airport ARP is used in the legal descriptions of the Hays, KS 
Class E airspace surface area and Class E airspace area extending 
upward from 700 feet above the surface. The ARP is also used in the 
computation of the radius about the airport defining the Class E 
airspace areas. The radius of controlled airspace for each Hays, KS 
Class E airspace is expanded by .1 mile to comply with criteria set 
forth in FAA Order 7400.2E. An examination of controlled airspace at 
Hays, KS also revealed discrepancies in the legal descriptions of the 
extensions to the two Class E airspace areas. The north extension of 
each area is redefined by the Hays collocated very high frequency omni-
directional radio range and tactical air navigational aid (VORTAC) 
360 radial versus the current 005 radial. 
The south extension of each area is redefined by the Hays VORTAC 
162 radial versus the current 169 radial. 
This action brings the legal descriptions of the Hays, KS Class E 
airspace areas into compliance with FAA Order 7400.2E. 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 7400.9L, Airspace Designations and Reporting Points, dated 
September 2, 2003, and effective September 16, 2003, which is 
incorporated by reference in 14 CFR 71.1 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 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-2004-16989/Airspace Docket No. 04-ACE-7.'' 
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.

[[Page 10331]]

    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 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. 3850'32'' N., long. 
9916'23'' W.)
Hays VORTAC
    (Lat. 3850'52'' N., long. 
9916'36'' W.)

    Within a 4.2-mile radius of Hays Regional Airport and within 1.8 
miles each side of the Hays VORTAC 360 radial 
extending from the 4.2-mile radius of the airport to 6 miles north 
of the VORTAC and within 1.8 miles each side of the Hays VORTAC 
160 radial extending from the 4.2-mile radius of the 
airport 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. 3850'32'' N., long. 
9916'23'' W.)
Hays VORTAC
    (Lat. 3850'52'' N., long. 
9916'36'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.7-mile radius of Hays Regional Airport and within 2.6 
miles each side of the Hays VORTAC 360 radial 
extending from the 6.7-mile radius to 7.9 miles north of the airport 
and within 2.6 miles each side of the Hays VORTAC 162 
radial extending from the 6.7-mile radius to 7.9 miles south of the 
airport.
* * * * *

    Issued in Kansas City, MO, on February 13, 2004.
Paul J. Sheridan,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 04-5026 Filed 3-4-04; 8:45 am]
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