[Federal Register Volume 70, Number 5 (Friday, January 7, 2005)]
[Proposed Rules]
[Pages 1399-1400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-374]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2004-19579; Airspace Docket No. 04-ACE-69]


Proposed Establishment of Class E2 Airspace; and Modification of 
Class E5 Airspace; Newton, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice proposes to create a Class E surface area at 
Newton, KS. It also proposes to modify the Class E5 airspace at Newton, 
KS.

DATES: Comments for inclusion in the Rules Docket must be received on 
or before March 1, 2005.

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-2004-19579/Airspace Docket No. 04-ACE-69, 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-530A, DOT Regional Headquarters Building, Federal 
Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: 
(816) 329-2524.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed 
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-2004-19579/
Airspace Docket No. 04-ACE-69.'' The postcard will be date/time stamped 
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
Internet at http://dms.dot.gov. Recently published rulemaking documents 
can also be accessed through the FAA's Web page at http://www.faa.gov 
or the Superintendent of Documents' Web page at http://www.access.gpo.gov/nara.
    Additionally, any person may obtain a copy of this notice by 
submitting a request to the Federal Aviation Administration, Office of 
Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW., 
Washington, DC 20591, or by calling (202) 267-8783. Communications must 
identify both docket numbers for this notice. Persons interested in 
being placed on a mailing list for future NPRMs should contact the 
FAA's Office of Rulemaking (202) 267-9677, to request a copy of 
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution 
System, which describes the application procedure.

The Proposal

    This notice proposes to amend part 71 of the Federal Aviation 
Regulations (14 CFR part 71) to establish Class E airspace designated 
as a surface area for an airport at Newton, KS. Controlled airspace 
extending upward from the surface of the earth is needed to contain 
aircraft executing instrument approach procedures to Newton-City-County 
Airport. Weather observations would be provided by an Automatic Weather 
Observing/Reporting System (AWOS) and communications would be direct 
with Wichita Terminal Radar Approach Control Facility.
    This notice also proposes to revise the Class E airspace area 
extending upward from 700 feet above the surface at Newton, KS. An 
examination of this Class E airspace area for Newton, KS revealed 
discrepancies in its extension. This proposal would correct these 
discrepancies. The areas would be depicted on appropriate aeronautical 
charts.
    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 Paragraph 6005 of the 
same Order. The Class E airspace designations listed in this document 
would be published subsequently in the Order.
    The FAA has determined that this proposed regulation only involves 
an established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
It, therefore, (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under DOT 
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); 
and (3) does not warrant preparation of a Regulatory Evaluation as the 
anticipated impact is so minimal. Since this is a routine matter that 
will only affect air traffic procedures and air navigation, it is 
certified that this rule, when promulgated, will not have a significant 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act.
    This proposed rulemaking is promulgated under the authority 
described in subtitle VII, part A, subpart I, section 40103. Under that 
section, the FAA is charged with prescribing regulations to assign the 
use of the airspace necessary to ensure the safety of aircraft and the 
efficient use of airspace. This proposed regulation is within the scope 
of that authority since it would contain aircraft executing instrument 
approach procedures to Newton-City-County Airport.

[[Page 1400]]

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 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

    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]

    2. The incorporation by reference in 14 CFR 71.1 of Federal 
Aviation Administration Order 7400.9M, Airspace Designations and 
Reporting Points, 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 Newton, KS,

Newton-City-County Airport, KS,
    (Lat. 38[deg]05'26'' N., long. 97[deg]16'31'' W.)
Newton NDB,
    (Lat. 38[deg]03'51'' N., long. 97[deg]16'24'' W.)

    Within a 4.2-mile radius of Newton-City-County Airport and 
within 2.5 miles each side of the 185[deg] bearing from the Newton 
NDB extending from the 4.2-mile radius of the airport to 7 miles 
south of the NDB.
* * * * *

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

* * * * *

ACE KS E5 Newton, KS,

Newton-City-County Airport, KS,
    (Lat. 38[deg]05'26'' N., long. 97[deg]16'31'' W.)
Newton NDB
    (Lat. 38[deg]03'51'' N., long. 97[deg]16'24'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.7-mile radius of Newton-City-County Airport, and within 
2.5 miles each side of the 185[deg] bearing from the Newton NDB 
extending from the 6.7-mile radius of the airport to 7 miles south 
of the NDB.
* * * * *

    Dated: Issued in Kansas City, MO, on December 22, 2004.
Rosalyn R. Ward,
Acting Area Director, Western Flight Services Operations.
[FR Doc. 05-374 Filed 1-6-04; 8:45 am]
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