[Federal Register Volume 69, Number 49 (Friday, March 12, 2004)]
[Rules and Regulations]
[Pages 11797-11798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5682]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2004-17151; Airspace Docket No. 04-ACE-17]


Modification of Class E Airspace; Johnson, KS

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 Johnson, KS. Controlled 
airspace at Johnson, KS was modified and published in the Federal 
Register with an effective date of February 19, 2004. A new Standard 
Instrument Approach Procedure (SIAP) has been developed to serve 
Stanton County Municipal Airport requiring additional controlled 
airspace. This action provides controlled airspace of appropriate 
dimensions to protect aircraft executing SIAPs in instrument weather 
conditions to the Stanton County Municipal Airport and brings the 
airspace area and legal description 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 20, 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-2004-17151/Airspace Docket No. 04-ACE-17, 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 
Class E airspace area extending upward from 700 feet above the surface 
at Johnson, KS. Area Navigation (RNAV) Global Positioning System (GPS) 
Standard Instrument Approach Procedures (SIAPs) that serve Runway (RWY) 
17 and RWY 35 Stanton County Municipal Airport and nondirectional radio 
beacon (NDB)-A SIAP were developed to serve Stanton County Municipal 
Airport. Controlled airspace at Johnson, KS was modified to appropriate 
dimensions for the new SIAPs and published in the Federal Register on 
Wednesday, November 19, 2003 (68 FR 65159) [FR Doc. 03-28825]. The NDB-
A SIAP has been replaced by a newly developed NDB RWY 17 SIAP with 
lower approach minimums. The new NDB RWY 17 SIAP has a lower final 
approach fix crossing altitude than the NDB-A SIAP it replaces. This 
necessitates a north extension of the Johnson, KS Class E airspace area 
to protect aircraft executing the SIAP in instrument weather 
conditions. This action brings the legal description of this 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, 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 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-2004-17151/
Airspace Docket No. 04-ACE-17.'' 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 11798]]

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 Johnson, KS

Johnson, Stanton County Municipal Airport, KS
    (Lat. 37[deg]34'58''N., long. 101[deg]43'58'' W.)
Bear Creek NDB
    (Lat. 37[deg]38'08''N., long. 101[deg]44'05'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.5-mile radius of Stanton County Municipal Airport and 
within 1.9 miles each side of the 359[deg] bearing from Bear Creek 
NDB extending from the 6.5-mile radius of the airport to 7 miles 
north of the NDB.
* * * * *

    Issued in Kansas City, MO, on March 4, 2004.
David W. Hope,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 04-5682 Filed 3-11-04; 8:45 am]
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