[Federal Register Volume 69, Number 45 (Monday, March 8, 2004)]
[Rules and Regulations]
[Pages 10604-10605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5035]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2004-17147; Airspace Docket No. 04-ACE-13]


Modification of Class E Airspace; Excelsior Springs, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action amends title 14 Code of Federal Regulations, part 
71 (14 CFR 71) by revising Class E airspace at Excelsior Springs, MO. A 
review of controlled airspace for Excelsior Springs Memorial Airport 
identified noncompliance with the criteria for 700 feet above ground 
level (AGL) airspace required for diverse departures. The review also 
revealed that the extension to this airspace area is no longer 
required. The extension is deleted and the area 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 16, 2004.

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-2004-17147/Airspace Docket No. 04-ACE-13, 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: Brenda Mumper, Air Traffic Division, 
Airspace Branch, ACE-520A, DOT Municipal Headquarters Building, Federal 
Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: 
(816) 329-2524.

SUPPLEMENTARY INFORMATION: This amendment to 14 CFR 71 modifies the 
Class E airspace area extending upward from 700 feet above the surface 
at Excelsior Springs, MO. An examination of controlled airspace for 
Excelsior Springs Memorial Airport revealed 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 
1200 feet AGL is 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. The review also identified that the 
extension to the Excelsior Springs, MO Class E airspace area is no 
longer required and its existence is not in compliance with FAA Order 
8260.19C, Flight Procedures and Airspace. This amendment expands the 
airspace area from a 6-mile radius to a 6.3-mile radius of Excelsior 
Springs Memorial Airport, revokes the Excelsior Springs, MO Class E 
airspace area extension, and brings the legal description of the 
Excelsior Springs, MO 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 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 proposals. 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-2004-17147/
Airspace Docket No. 04-ACE-13.'' 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.

[[Page 10605]]

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 MO E5 Excelsior Springs, MO

Excelsior Springs Memorial Airport, MO
    (Lat. 3920'14'' N., long. 
9411'52'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.3-mile radius of Excelsior Springs Memorial Airport.

* * * * *

    Issued in Kansas City, MO, on February 24, 2004.
Paul J. Sheridan,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 04-5035 Filed 3-5-04; 8:45 am]
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