[Federal Register Volume 69, Number 49 (Friday, March 12, 2004)]
[Rules and Regulations]
[Pages 11791-11792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5687]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2004-17145; Airspace Docket No. 04-ACE-11]


Modification of Class E Airspace; Des Moines, IA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: Area Navigation (RNAV) Global Positioning System (GPS) 
Standard Instrument Approach Procedures (SIAPs) have been developed to 
serve Des Moines International Airport, Des Moines, IA. Also, several 
existing SIAPs serving Des Moines International Airport have been 
amended. The Des Moines International Airport airport reference point 
(ARP) has been redefined.
    The intended effect of this rule is to provide controlled airspace 
of appropriate dimensions to protect aircraft executing SIAPs to Des 
Moines International Airport. It also corrects discrepancies in the 
legal descriptions of the Des Moines, Class E airspace area 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 15, 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-2004-17145/Airspace Docket No. 04-ACE-11, 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

[[Page 11792]]

Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: 
(816) 329-2525.

SUPPLEMENTARY INFORMATION: This amendment to 14 CFR part 71 modifies 
the Class E airspace area extending upward from 700 feet above the 
surface at Des Moines, IA. RNAV (GPS) RWY 5, ORIGINAL SIAP; RNAV (GPS) 
RWY 13, ORIGINAL SIAP; RNAV (GPS) RWY 23, ORIGINAL SIAP; RNAV (GPS) RWY 
31, ORIGINAL SIAP; very high frequency omni-directional radio range 
(VOR)/distance measuring equipment (DME) RWY 23, ORIGINAL SIAP; 
instrument landing system (ILS) or localizer (LOC) RWY 31, AMENDMENT 22 
SIAP; ILS or LOC RWY 13, AMENDMENT 13 SIAP; and nondirectional radio 
beacon (NDB) RWY 31, AMENDMENT 20 SIAP have been developed to serve Des 
Moines International Airport. VOR or GPS RWY 23, AMENDMENT 2A will be 
cancelled when the above SIAPs become effective. The Des Moines 
International Airport ARP has been redefined. This action modifies the 
dimensions of the Des Moines, IA Class E airspace area to accommodate 
the SIAPs serving the airport. The radius of the airspace area is 
increased from 6.9 to 7 miles, the northwest and northeast extensions 
are revoked, the width of the southeast extension is increased from 3 
to 4 miles each side of the RWY 31 localizer course and a southwest 
extension is created 4 miles each side of the RWY 5 localizer course 
extending from the 7-mile radius to 12.3 miles southwest of the 
airport. This action also incorporates the revised ARP and brings the 
airspace area and its legal description 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, and 
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-2004-17145/Airspace Docket No. 04-ACE-
11.'' 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 1A E5 Des Moines, IA

Des Moines International Airport, IA
    (Lat. 41[deg]32'03'' N., long. 93[deg]39'45'' W.)
Des Moines Runway 31 Localizer
    (Lat. 41[deg]32'50'' N., long. 93[deg]40'36'' W.)
Des Moines Runway 5 Localizer
    (Lat. 41[deg]32'24'' N., long. 93[deg]38'48'' W.)
FOREM LOM
    (Lat. 41[deg]28'56'' N., long. 93[deg]34'51'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 7-mile radius of Des Moines International Airport and 
within 4 miles each side of the Des Moines Runway 31 Localizer 
course extending from the 7-mile radius of the airport to 10 miles 
southeast of FOREM LOM and within 4 miles each side of the Des 
Moines Runway 5 Localizer course extending from the 7-mile radius to 
12.3 miles southwest of the airport.
* * * * *

    Issued in Kansas City, MO, on March 2, 2004.
David W. Hope,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 04-5687 Filed 3-11-04; 8:45 am]
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