[Federal Register Volume 70, Number 123 (Tuesday, June 28, 2005)]
[Proposed Rules]
[Pages 37065-37066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12719]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2005-21607; Airspace; Docket No. 05-ACE-17]


Proposed Establishment of Class E5 Airspace; Gardner, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice proposes to establish Class E5 airspace at 
Gardner, KS.

DATES: Comments for inclusion in Rules Docket must be received on or 
before July 29, 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-2005-21607/Airspace Docket No. 05-ACE-17, 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-520, DOT Regional Headquarters Building, Federal 
Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: 
(816) 329-2524.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed 
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-2005-21607/
Airspace Docket No. 05-ACE-17.'' The postcard will be date/time stamped 
and returned to the commenter.

Availability of NPRM's

    An electronic copy of this document may be downloaded through the 
Internet at http://dms.dot.gov. Recently published rulemaking documents 
can also be accessed through the FAA's Web page at http://www.faa.gov 
or the Superintendent of Document's Web page at http://www.access.gpo.gov/nara.
    Additionally, any person may obtain a copy of this notice by 
submitting a request to the Federal Aviation Administration (FAA), 
Office of Air Traffic Airspace Management, ATA-400, 800 Independence 
Avenue, SW., Washington, DC 20591, or by calling (202) 267-8783. 
Communications must identify both docket numbers for this notice. 
Persons interested in being placed on a mailing list for future NPRM's 
should contact the FAA's Office of Rulemaking (202) 267-9677, to 
request a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution System, which describes the application 
procedure.

The Proposal

    This notice proposes to amend Part 71 of the Federal Aviation 
Regulations (14 CFR part 71) by establishing a Class E airspace area 
extending upward from 700 feet above the surface at Gardner Municipal 
Airport, KS. A Class E airspace area overlies Gardner Municipal 
Airport, KS, however, its purpose and description are relative to 
Olathe, New Century Aircenter, KS and does not fully enclose the NDB or 
GPS-D Instrument Approach Procedures to Gardner Municipal Airport, KS. 
This proposal would correct this discrepancy by establishing a Class E 
airspace area extending upward from 700 feet above the surface within a 
6.4 mile-radius of Gardner Municipal Airport, KS excluding that 
airspace within the Olathe, New Century Aircenter, KS Class D airspace. 
This will define airspace of appropriate dimensions to protect aircraft 
departing and executing instrument approach procedures to Gardner 
Municipal Airport and bring the airspace area into compliance with FAA 
directives. The area would 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, dated August 30, 2004, and effective September 16, 2004, which 
is incorporated by reference in 14 CFR 71.1. The Class E airspace 
designations listed in this document would be published subsequently in 
the Order.
    The FAA has determined that this proposed regulation only involves 
an established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
It, therefore, (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

[[Page 37066]]

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 proposed 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 proposed regulation is within the scope 
of that authority since it would contain aircraft executing instrument 
approach procedures to Gardner Municipal Airport.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 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

    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]

    2. The incorporation by reference in 14 CFR 71.1 of Federal 
Aviation Administration Order 7400.9M, Airspace Designations and 
Reporting Points, 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 KS E5 Gardner, KS

Gardner Municipal Airport, KS
    (Lat. 38[deg]48'25'' N., long. 94[deg]57'22'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.4 mile radius of Gardner Municipal Airport excluding that 
airspace within the Olathe, New Century Aircenter, KS Class D 
airspace area.
* * * * *

    Issued in Kansas City, MO, on June 20, 2005.
Elizabeth S. Wallis,
Acting Area Director, Western Flight Services Operations.
[FR Doc. 05-12719 Filed 6-27-05; 8:45 am]
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