[Federal Register Volume 70, Number 27 (Thursday, February 10, 2005)]
[Rules and Regulations]
[Pages 7021-7022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2554]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2005-20061; Airspace Docket No. 05-ACE-3]


Modification of Class E Airspace; Ozark, 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 part 71) by revising Class E airspace at Ozark, MO. A review 
of the Class E airspace area extending upward from 700 feet above 
ground level (AGL) at Ozark, MO revealed it is not in compliance with 
established airspace criteria. This airspace area is enlarged and 
modified to conform to FAA Orders. The intended effect of this rule is 
to provide controlled airspace of appropriate dimensions to protect 
aircraft departing from and executing Standard Instrumental Approach 
Procedures (SIAPs) to Air Park South Airport. This rule also amends the 
Air Park South Airport airport reference point (ARP) in the legal 
description to reflect current data. The area is modified and enlarged 
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 14, 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-2005-20061/Airspace Docket No. 05-ACE-3, 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 
Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: 
(816) 329-2524.

SUPPLEMENTARY INFORMATION: This amendment to 14 CFR Part 71 modifies 
the Class E airspace area extending upward from 700 feet above the 
surface at Ozark, MO. An examination of controlled airspace for Ozark, 
MO revealed the Class E area does not comply with airspace requirements 
for diverse departures from Air Park South Airport as set forth in FAA 
Order 7400.2E, Procedures for Handling Airspace Matters. The criteria 
in FAA Order 7400.2E for an aircraft to reach 1200 feet AGL, taking 
into consideration rising terrain, is based on a standard climb 
gradient of 200 feet per mile plus the distance from the airport 
reference point to the end of the outermost runway. Any fractional part 
of a mule is converted to the next higher tenth of a mile. 
Additionally, the examination revealed the description and dimensions 
of the north extension to the airspace area were not in compliance with 
FAA Orders 7400.2ZE and 8260.19C, Flight Procedures and Airspace. This 
amendment expands the airspace area from a 6-mile to a 6.8-mile radius 
of Air Park South Airport, decreases the width of the north extension 
from 2.6 miles to 2 miles each side of the Springfield collocated very 
high frequency omni-directional radio range and tactical air 
navigational aid (VORTAC) 165[deg] radial and defines the extension in 
relation to the VORTAC. Additionally, the Air Park South Airport ARP is 
corrected in the legal description. These modifications provide 
controlled airspace of appropriate dimensions to protect aircraft 
departing from and existing SIAPs to Air Park South Airport and bring 
the legal description of the Ozark, MO Class E airspace area into 
compliance with FAA Orders 7400.2E and 8260.19C. This 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 7400.9M, Airspace 
Designations and Reporting Points, dated August 30, 2004, and effective 
September 16, 2004, which is incorporated by reference in 14 CFR 71.1. 
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,

[[Page 7022]]

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-2005-20061/Airspace Docket Nol 05-ACE-3.'' 
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 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 
Air Park South 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 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 6005 Class E airspace areas extending upward from 700 
feet or more above the surface of the earth.

* * * * *

ACE MO E5 Ozark, MO

Ozark, Air Park South Airport, MO
    (Lat. 37[deg]03'34'' N., long. 93[deg]14'03'' W.)
Springfield VORTAC
    (Lat. 37[deg]21'21'' N., long. 93[deg]20'03'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.8-mile radius of Air Park South Airport and within 2 
miles each side of the Springfield VORTAC 165[deg] radial extending 
from the 6.8-mile radius of the airport to 10 miles south of the 
VORTAC.
* * * * *


    Issued in Kansas City, MO, on January 25, 2005.
Elizabeth S. Wallis,
Acting Area Director, Western Flight Services Operations.
[FR Doc. 05-2554 Filed 2-9-05; 8:45 am]
BILLING CODE 4910-13-M