Modification of Class E Airspace; Johnson, KS

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2004-17151; Airspace Docket No. 04-ACE-17]

Modification of Class E Airspace; Johnson, KS

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 Johnson, KS. Controlled

airspace at Johnson, KS was modified and published in the Federal

Register with an effective date of February 19, 2004. A new Standard

Instrument Approach Procedure (SIAP) has been developed to serve

Stanton County Municipal Airport requiring additional controlled

airspace. This action provides controlled airspace of appropriate

dimensions to protect aircraft executing SIAPs in instrument weather

conditions to the Stanton County Municipal Airport and brings the

airspace area and legal description into compliance with FAA Orders.

DATES: This direct final rule is effective on 0901 UTC, June 10, 2004.

Comments for inclusion in the Rules Docket must be received on or

before April 20, 2004.

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-2004-17151/Airspace Docket No. 04-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: Kathy Randolph, Air Traffic Division,

Airspace Branch, ACE-520C, DOT Regional Headquarters Building, Federal

Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone:

(816) 329-2525.

SUPPLEMENTARY INFORMATION: This amendment to 14 CFR 71 modifies the

Class E airspace area extending upward from 700 feet above the surface

at Johnson, KS. Area Navigation (RNAV) Global Positioning System (GPS)

Standard Instrument Approach Procedures (SIAPs) that serve Runway (RWY)

17 and RWY 35 Stanton County Municipal Airport and nondirectional radio

beacon (NDB)-A SIAP were developed to serve Stanton County Municipal

Airport. Controlled airspace at Johnson, KS was modified to appropriate

dimensions for the new SIAPs and published in the Federal Register on

Wednesday, November 19, 2003 (68 FR 65159) [FR Doc. 03-28825]. The NDB-

A SIAP has been replaced by a newly developed NDB RWY 17 SIAP with

lower approach minimums. The new NDB RWY 17 SIAP has a lower final

approach fix crossing altitude than the NDB-A SIAP it replaces. This

necessitates a north extension of the Johnson, KS Class E airspace area

to protect aircraft executing the SIAP in instrument weather

conditions. This action brings the legal description of this airspace

area into compliance with FAA Order 7400.2E, Procedures for Handling

Airspace Matters. The 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 7400.9L, Airspace Designations and Reporting Points, dated

September 2, 2003, and effective September 16, 2003, 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, 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-2004-17151/

Airspace Docket No. 04-ACE-17.'' 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.

[[Page 11798]]

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 7400.9L, dated September 2, 2003, and effective

September 16, 2003, 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 Johnson, KS

Johnson, Stanton County Municipal Airport, KS

(Lat. 37[deg]34'58''N., long. 101[deg]43'58'' W.)

Bear Creek NDB

(Lat. 37[deg]38'08''N., long. 101[deg]44'05'' W.)

That airspace extending upward from 700 feet above the surface

within a 6.5-mile radius of Stanton County Municipal Airport and

within 1.9 miles each side of the 359[deg] bearing from Bear Creek

NDB extending from the 6.5-mile radius of the airport to 7 miles

north of the NDB.

* * * * *

Issued in Kansas City, MO, on March 4, 2004.

David W. Hope,

Acting Manager, Air Traffic Division, Central Region.

[FR Doc. 04-5682 Filed 3-11-04; 8:45 am]

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