[Federal Register Volume 69, Number 201 (Tuesday, October 19, 2004)]
[Rules and Regulations]
[Pages 61439-61440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23387]



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 Rules and Regulations
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  Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / 
Rules and Regulations  

[[Page 61439]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2004-19325; Airspace Docket No. 04-ACE-54]


Modification of Class E Airspace; Dodge City, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This action amends Title 14 Code of Federal Regulations, part 
71 (14 CFR 71) by revising Class E airspace areas at Dodge City, KS. A 
review of the controlled airspace areas at Dodge City, KS revealed 
noncompliance with criteria for diverse departures from Dodge City 
Regional Airport. The review also identified other discrepancies in the 
legal descriptions for the Dodge City, KS Class E airspace areas. The 
intended effect of this rule is to provide controlled airspace of 
appropriate dimensions to protect aircraft departing from and executing 
Standard Instrument Approach Procedures (SIAPs) to Dodge City Regional 
Airport. It also corrects discrepancies in the legal descriptions of 
Dodge City, KS Class E airspace areas and brings the airspace areas and 
legal descriptions into compliance with FAA Orders.

DATES: This direct final rule is effective on 0901 UTC, January 20, 
2005. Comments for inclusion in the Rules Docket must be received on or 
before November 22, 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-2004-19325/Airspace Docket No. 04-ACE-54, 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 designated as a surface area and the Class E 
airspace area extending upward from 700 feet above the surface at Dodge 
City, KS. An examination of controlled airspace for Dodge City, KS 
revealed that these Class E airspace areas do not comply with airspace 
requirements for diverse departures from Dodge City Regional Airport as 
set forth in FAA Order 7400.2E, Procedures for Handling Airspace 
Matters. The legal description of neither class E airspace area 
reflects the correct Dodge City Regional Airport airport reference 
point (ARP). The examination also revealed the lack of an extension to 
the Class E airspace area extending upward from 700 feet above the 
surface necessary to protect aircraft executing SIAPs.
    This action modifies the Dodge City, KS Class E airspace area 
designated as a surface area from a 4.3-mile to a 4.2-mile radius of 
Dodge City Regional Airport. It expands the Class E airspace area 
extending upward from 700 feet above the surface from a 6.5-mile to a 
6.7-miles radius of Dodge City Regional Airport and adds a southeast 
extension. The extension is defined by the Dodge City collocated very 
high frequency omni-directional radio range and tactical air 
navigational aid (VORTAC) 160[deg] radial, is 3.8 miles wide and 
extends to 11.4 miles southeast of the airport. The Dodge City VORTAC 
and the airspace extension are added to the legal description for the 
Class E airspace area extending upward from 700 feet above the surface. 
Additionally, the Dodge City Regional Airport ARP is corrected in both 
legal descriptions.
    These modifications provide controlled airspace of appropriate 
dimensions to protect aircraft departing from and executing SIAPs to 
Dodge City Regional Airport and bring the legal descriptions of the 
Dodge City, KS Class E airspace areas into compliance with FAA Order 
7400.2E. Class E airspace areas designated as surface areas are 
published in Paragraph 6002 of FAA Order 7400.9M, dated August 30, 
2004, and effective September 16, 2004, 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 
Paragraphs 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

[[Page 61440]]

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-2004-19325/Airspace Docket No. 04-ACE-54.'' 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 7400.9M, dated August 30, 2004, and effective 
September 16, 2004, is amended as follows:

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

ACE KS E2 Dodge City, KS

Dodge City Regional Airport, KS
    (Lat. 37[deg]45'48'' N., long. 99[deg]57'56'' W.)

    Within a 4.2-mile radius of Dodge City Regional Airport.
* * * * *

Paragraph 6005 Class E airspace areas extending upward from 700 
feet or more above the surface of the earth.

* * * * *

ACE KS E5 Dodge City, KS

Dodge City Regional Airport, KS
    (Lat. 37[deg]45'48'' N., long. 99[deg]57'56'' W.)
Dodge City VORTAC
    (Lat. 37[deg]51'02'' N., long. 100[deg]00'20'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.7-mile radius of Dodge City Regional Airport and within 
1.9 miles each side of the Dodge City VORTAC 160[deg] radial 
extending from the 6.8-mile radius of the airport to 17 miles 
southeast of the VORTAC.
* * * * *

    Issued in Kansas City, MO on October 7, 2004.
Paul J. Sheridan,
Area Director, Western Flight Services Operations.
[FR Doc. 04-23387 Filed 10-18-04; 8:45 am]
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