[Federal Register Volume 70, Number 46 (Thursday, March 10, 2005)]
[Rules and Regulations]
[Pages 11851-11852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4651]


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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]


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes a Class E surface area at Newton, KS. It 
also modifies the Class E airspace area extending upward from 700 feet 
above the surface at Newton, KS by correcting discrepancies in the 
extension to this airspace area.
    The effect of this rule is to provide appropriate controlled Class 
E airspace for aircraft executing instrument approach procedures to 
Newton-City-County Airport and to segregate aircraft using instrument 
approach procedures in instrument conditions from aircraft operating in 
visual conditions.

DATES: Effective 0901 UTC, May 12, 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 Friday, January 7, 2005, the FAA proposed to amend Part 71 of 
the Federal Aviation Regulations (14 CFR Part 71) to establish a Class 
E surface area and to modify other Class E airspace at Newton, KS (70 
FR 1399) and subsequently published a correction to the proposal on 
Wednesday, January 26, 2005 (70 FR 3656). The proposal was to establish 
a Class E surface area at Newton, KS. It was also to modify the Class 
E5 airspace and its legal description by correcting discrepancies in 
its extension. 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 14 CFR Part 71 establishes 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 will be provided by an 
Automatic Weather Observing/Reporting System (AWOS) and communications 
will be direct with Wichita Terminal Radar Approach Control Facility.
    This rule also revises 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 action corrects these discrepancies. 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 regulations--(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.

[[Page 11852]]

    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 
Newton-City-County 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 Newton, KS

Newton-City-County Airport, KS
    (Lat. 38[deg]03'26'' 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]03'26'' 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.
* * * * *

    Issued in Kansas City, MO, on March 1, 2005.
Rosalyn R. Ward,
Acting Area Director, Western Flight Services Operations.
[FR Doc. 05-4651 Filed 3-9-05; 8:45 am]
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