[Federal Register Volume 70, Number 61 (Thursday, March 31, 2005)]
[Rules and Regulations]
[Pages 16408-16409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6388]



[[Page 16408]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2005-20576; Airspace Docket No. 05-ACE-13]


Modification of Class E Airspace; Boonville, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action amends Title 14 Code of Federal Regulations, part 
71 (14 CFR 71) by revising Class E airspace at Boonville, MO. A review 
of the Class E airspace area extending upward from 700 feet above 
ground level (AGL) at Boonville, MO revealed its legal description is 
not in proper format and 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 instrument approach procedures 
(SIAPs) to Jesse Viertel Memorial Airport. This rule also amends the 
Jesse Viertel Memorial 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, July 7, 2005. 
Comments for inclusion in the Rules Docket must be received on or 
before May 5, 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-2005-20576/Airspace Docket No. 05-ACE-13, 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 Boonville, MO. An examination of the Class E airspace area 
at Boonville, MO revealed its legal description is not in proper format 
and it does not comply with airspace requirements for diverse 
departures from Jesse Viertel Memorial Airport. Extensions to this 
airspace area and the Jesse Viertel Memorial Airport ARP are also 
incorrect. In order to comply with airspace requirements set forth in 
FAA Orders 7400.2E, Procedures for Handling Airspace Matters, and 
8260.19C, Flight Procedures and Airspace, the city of Boonville is 
added to the airport line in the legal description, the Jesse Viertel 
Memorial Airport ARP is amended to reflect current data and Hallsville 
collocated VOR/tactical air navigational aid (VORTAC) is added. The 
airspace area is expanded from a 6.3-mile to a 6.9-mile radius of Jesse 
Viertel Memorial Airport. The north extension is defined in relation to 
the 013[deg] bearing from the Viertel nondirectional radio beacon (NDB) 
versus the current 012[deg] bearing, is decreased in width from 2.6 to 
2.5 miles each side of center and is increased in length from 7 miles 
from the ARP to 7 miles from the NDB. The northeast extension is 
defined in relation to the Hallsville VORTAC 249[deg] radial, is 
decreased in width from 3.5 to 2.4 miles each side of center and is 
decreased in length by .4 mile. These modifications provide controlled 
airspace of appropriate dimensions to protect aircraft departing from 
and executing SIAPs to Jesse Viertel Memorial Airport and bring the 
legal description of the Boonville, 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 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, and 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-2005-20576/Airspace Docket No. 05-ACE-
13.'' 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)

[[Page 16409]]

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 
Jesse Viertel Memorial 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 17 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 Boonville, MO

Boonville, Jesse Viertel Memorial Airport, MO
    Lat. 38[deg]56''48' N., long. 92[deg]40''58' W.)

Viertel NDB
    Lat. 38[deg]56''58' N., long. 92[deg]41''03' W.)

Hallsville VORTAC
    Lat. 39[deg]06''49' N., long. 92[deg]07''42' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.9-miles radius of Jesse Viertel Memorial Airport and 
within 2.5 miles each side of the 013[deg] bearing from the Viertel 
NDB extending from the 6.9-mile radius of the airport to 7 miles 
north of the NDB and within 2.4 miles each side of the Hallsville 
VORTAC 249[deg] radial extending from the 6.9-mile radius of the 
airport to 19.4 miles southwest of the VORTAC.
* * * * *

    Issued in Kansas City, MO, on March 22, 2005.
Rosalyn R. Ward,
Acting Area Director, Western Flight Services Operations.
[FR Doc. 05-6388 Filed 3-30-05; 8:45 am]
BILLING CODE 4910-13-M