[Federal Register Volume 70, Number 16 (Wednesday, January 26, 2005)]
[Rules and Regulations]
[Pages 3614-3615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1405]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2004-19577; Airspace Docket No. 04-ACE-67]


Establishment of Class E2 Airspace; and Modification of Class E5 
Airspace; Independence, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Finale rule.

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SUMMARY: This rule establishes a Class E surface area at Independence, 
KS. It also modifies the Class E airspace area extending upward from 
700 feet above the surface at Independence, KS by enlarging the area to 
meet airspace requirements for diverse departures from Independence 
Municipal Airport and by correcting discrepancies in the Independence 
Municipal Airport airport reference point (ARP).
    The effect of this rule is to provide appropriate controlled Class 
E airspace for aircraft departing from and executing instrument 
approach procedures to Independence Municipal Airport and to segregate 
aircraft using instrument approach procedures in instrument conditions 
from aircraft operating in visual conditions.

EFFECTIVE DATE: 0901 UTC, March 17, 2005.

FOR FURTHER INFORMATION CONTACT: Brenda Mumper, Air Traffic Division, 
Airspace Branch, ACE-520A, DOT Regional Headquarters Building, Federal 
Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: 
(816) 329-2524.

SUPPLEMENTARY INFORMATION: 

History

    On Tuesday, November 30, 2004, the FAA proposed to amend 14 CFR 
part 71 to establish a Class E surface area and to modify other Class E 
airspace at Independence, KS (69 FR 69554). The proposal was to 
establish a Class E surface area at Independence, KS. It was also to 
modify the Class E5 airspace and its legal description by enlarging the 
area to protect for diverse departures from the Independence Municipal

[[Page 3615]]

Airport and by revising the Independence Municipal Airport ARP used in 
the Class E airspace legal description. Interested parties were invited 
to participate in this rulemaking proceeding by submitting written 
comments on the proposal to the FAA. No comments objecting to the 
proposal were received.

The Rule

    This amendment to Part 71 of the Federal Aviation Regulations (14 
CFR part 71) establishes Class E airspace designated as a surface area 
for an airport at Independence, KS. Controlled airspace extending 
upward from the surface of the earth is needed to contain aircraft 
executing instrument approach procedures to Independence Municipal 
Airport. Weather observations will be provided by an Automatic Weather 
Observing/Reporting System (AWOS) and communications will be direct 
with Kansas City Air Route Traffic Control Center.
    This rule also revises the Class E airspace area extending upward 
from 700 feet above the surface at Independence, KS. An examination of 
this Class E airspace area revealed it does not comply with airspace 
requirements for diverse departures from Independence Municipal Airport 
as set forth in FAA Order 7400.2E, Procedures for Handling Airspace 
Matters. The examination also revealed discrepancies in the 
Independence Municipal Airport ARP used in the airspace legal 
description. This action corrects these anomalies. The areas will be 
depicted on appropriate aeronautical charts.
    Class E airspace areas designated as surface areas are published in 
Paragraph 6002 of FAA Order 7400.9M, Airspace Designations and 
Reporting Points, 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 will be published 
subsequently in the Order.
    The FAA has determined that this regulation only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
Therefore, this regulation--(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 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 regulation is within the scope of that authority 
since it contains aircraft executing instrument approach procedures to 
Independence Municipal Airport.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

0
In consideration of the foregoing, 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 Independence, KS
Independence Municipal Airport, KS
    (Lat. 37[deg]09'30'' N., long. 95[deg]46'42'' W.)

    Within a 4.6-mile radius of Independence Municipal Airport.
* * * * *

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

* * * * *

ACE KS E5 Independence, KS

Independence Municipal Airport, KS
    (Lat. 37[deg]09'30'' N., long. 95[deg]46'42'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 7.6-mile radius of Independence Municipal Airport.
* * * * *

    Issued in Kansas City, MO, on January 11, 2005.
Donna R. McCord,
Acting Area Director, Western Flight Services Operations.
[FR Doc. 05-1405 Filed 1-25-05; 8:45 am]
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