[Federal Register Volume 70, Number 21 (Wednesday, February 2, 2005)]
[Rules and Regulations]
[Pages 5370-5372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1920]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2005-20059; Airspace Docket No. 05-ACE-1]


Modification of Class E Airspace; Rolla/Vichy, MO

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 Rolla/Vichy, MO. A 
review of the Class E airspace surface area and the Class E airspace 
area extending upward from 700 feet above ground level (AGL) at Rolla/
Vichy, MO reveals neither area complies with criteria for extensions 
nor reflects the current Rolla National Airport airport reference point 
(APR). Also, the legal descriptions of both area are not in proper 
format. These airspace areas and their legal descriptions are modified 
to conform to the criteria in FAA Orders.

DATES: This direct final rule is effective on 0901 UTC, May 12, 2005. 
Comments for inclusion in the Rules Docket must be received on or 
before March 3, 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-2005-20059/Airspace Docket No. 05-ACE-1, 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-520A, DOT Regional Headquarters Building, Federal

[[Page 5371]]

Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: 
(816) 329-2524.

SUPPLEMENTARY INFORMATION: This amendment to 14 CFR 71 modifies the 
Class E surface area and the Class E airspace area extending upward 
from 700 feet AGL at Rolla/Vichy, MO. An examination of controlled 
airspace for Rolla/Vichy, MO revealed that neither airspace area is in 
compliance with FAA Orders 7400.2E, Procedures for Handling Airspace 
Matters, and 8260.19C, Flight Procedures and Airspace. The extension to 
the Class E surface area is redefined relative to the Vichy VOR/DME, 
increased in length from 5.7 to 7 miles from the facility and decreased 
in width from 2.6 to 1.5 miles each side of centerline. The extension 
of the Class E airspace area extending upward from 700 feet AGL is also 
redefined relative to the Vichy VOR/DME but its length is decreased 
from 7.4 to 7 miles from the facility and its width decreased from 2.6 
to 1.5 miles each side of centerline. The Rolla National Airport ARP is 
corrected in both legal descriptions. These modifications bring the 
legal descriptions of the Rolla/Vichy, MO Class E airspace areas into 
compliance with FAA Orders 7400.2E and 8260.19C, Class E airspace areas 
designed 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 would 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-2005-20059/Airspace Docket No. 05-ACE-1.'' 
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.
    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 
Rolla National Airport.

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 MO E2 Rolla/Vichy, MO

Rolla/Vichy, Rolla National Airport, MO
    (Lat. 38[deg]07'39'' N., long. 91[deg]46'10'' W.)
Vichy VOR/DME
    (Lat. 38[deg]09'15'' N., long. 91[deg]42'24'' W.)

    Within a 4.1-mile radius of Rolla National Airport and within 
1.5 miles each side of the Vichy VOR/DME 067[deg] radial extending 
from the 4.1-mile radius of the airport to 7 miles northeast of the 
VOR/DME. This Class E airspace area is effective during the specific 
dates and times established in advance by a Notice to Airmen. The 
effective date and time will thereafter be continuously published in 
the Airport/Facility Directory.
* * * * *

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

* * * * *

ACE MO E5 Rolla/Vichy, MO

Rolla/Vichy, Rolla National Airport, MO
    (Lat. 38[deg]07'39'' N., long. 91[deg]46'10'' W.)
Vichy VOR/DME
    (Lat. 38[deg]09'15'' N., long. 91[deg]42'24'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.6-mile radius of Rolla National Airport and within

[[Page 5372]]

1.5 miles each side of the Vichy VOR/DME 067[deg] radial extending 
from the 6.6-mile radius of the airport to 7 miles northeast of the 
VOR/DME.

* * * * *

    Issued in Kansas City, MO, on January 18, 2005.
Anthony D. Roetzel,
Acting Area Director, Western Flight Services Operations.
[FR Doc. 05-1920 Filed 2-1-05; 8:45 am]
BILLING CODE 4910-13-M