Amendment to Class D and Class E Airspace; St. Joseph, MO

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98-ACE-6]

Amendment to Class D and Class E Airspace; St. Joseph, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This amendment revises the Class D and Class E airspace areas

at Rosecrans Memorial Airport, St. Joseph, MO. A review of the Class E

airspace for Rosecrans Memorial Airport indicates it does not comply

with the criteria for 700 feet Above Ground Level (AGL) airspace

required for diverse departures as specified in FAA Order 7400.2D. The

Class E airspace area has been enlarged to conform to the criteria of

FAA Order 7400.2D. A revision to the Airport Reference Point (ARP)

coordinates is included in this document. The intended effect of this

rule is to revise the ARP coordinates, comply with the criteria of FAA

Order 7400.2D, and provide additional controlled Class E airspace for

aircraft operating under Instrument Flight Rules (IFR).

DATES: Effective date: 0901 UTC, August 13, 1998.

Comment date: Comments for inclusion in the Rules Docket must be

received on or before June 15, 1998.

ADDRESSES: Send comments regarding the rule in triplicate to: Manager,

Airspace Branch, Air Traffic Division, ACE-520, Federal Aviation

Administration, Docket Number 98-ACE-6, 601 East 12th Street, Kansas

City, MO 64106.

The official docket may be examined in the Office of the Regional

Counsel for the Central Region at the same address between 9:00 a.m.

and 3:00 p.m., Monday through Friday, except Federal holidays.

An informal docket may also be examined during normal business

hours in the Air Traffic Division at the same address listed above.

FOR FURTHER INFORMATION CONTACT:

Kathy Randolph, Air Traffic Division, Airspace Branch, ACE-520C,

Federal Aviation Administration, 601 East 12th Street, Kansas City, MO

64106; telephone: (816) 426-3408.

SUPPLEMENTARY INFORMATION: This amendment to 14 CFR 71 revises the

Class D and Class E airspace at St. Joseph, MO. A review of the Class E

airspace for Rosecrans Memorial Airport, indicates it does not meet the

criteria for 700 feet AGL airspace required for diverse departures as

specified in FAA Order 7400.2D. The Class E airspace area has been

enlarged to conform to the criteria in FAA Order 7400.2D. The criteria

in FAA Order 7400.2D for an aircraft to reach 1200 feet AGL, is based

on a standard climb gradient of 200 feet per mile, plus the distance

from the ARP to the end of the outermost runway. Any fractional part of

a mile is converted to the next higher tenth of a mile. The Class D and

Class E areas are amended to indicate the new ARP coordinates. The

amendment at Rosecrans Memorial Airport will meet the criteria of FAA

Order 7400.2D, revise the ARP coordinates, provide additional

controlled airspace at the above 700 feet AGL, and thereby facilitate

separation of aircraft operating under Instrument Flight Rules. The

areas will be depicted on appropriate aeronautical charts. Class D

airspace areas are published in paragraph 5000, Class E airspace areas

designated as an extension to a Class D or Class E surface area are

published in paragraph 6004, and 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 7400.9E, dated September 10,

1997, and effective September 16, 1997, which is incorporated by

reference in 14 CFR 71.1. The Class D and 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. The amendment will

enhance safety for all

[[Page 20529]]

flight operations by designating an area where VFR pilots may

anticipate the presence of IFR aircraft at lower altitudes, especially

during inclement weather conditions. A greater degree of safety is

achieved by depicting the area on aeronautical charts. 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

Although this action is in the form of a final rule and was not

preceded by a notice of proposed rulemaking, comments are invited on

this rule. Interested persons are invited to comment on this rule by

submitting such written data, views, or arguments as they may desire.

Communications should identify the Rules Docket number and be submitted

in triplicate to the address specified under the caption ADDRESSES. All

communications received on or before the closing date for comments will

be considered, and this rule may be amended or withdrawn in light of

the comments received. Factual information that supports the

commenter's ideas and suggestions is extremely helpful in evaluating

the effectiveness of this action and determining whether additional

rulemaking action would be needed.

Comments are specifically invited on the overall regulatory,

economic, environmental, and energy-related aspects of the rule that

might suggest a need to modify the rule. All comments submitted will be

available, both before and after the closing date for comments, in the

Rules Docket for examination by interested persons. A report that

summarizes each FAA-public contact concerned with the substance of this

action will be filed in the Rules Docket.

Commenters wishing the FAA to acknowledge receipt of their comments

submitted in response to this rule must submit a self-addressed,

stamped postcard on which the following statement is made: ``Comments

to Docket No. 98-ACE-6''. The postcard will be date stamped and

returned to the commenter.

Agency Findings

The regulations adopted herein will not have substantial direct

effects 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, in

accordance with Executive Order 12612, it is determined that this final

rule does not have sufficient federalism implications to warrant the

preparation of a Federalism Assessment.

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.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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 7400.9E, Airspace Designations and

Reporting Points, dated September 10, 1997, and effective September 16,

1997, is amended as follows:

Paragraph 5000 Class D airspace

* * * * *

ACE MO D St. Joseph, MO [Revised]

Rosecrans Memorial Airport, MO

(lat. 39 deg.46'19'' N., long. 94 deg.54'35'' W.)

That airspace extending upward from the surface to and including

3,300 feet MSL within a 4.2-mile radius of the Rosecrans Memorial

Airport. This Class D airspace area is effective during the specific

dates and times established in advance by a Notice to Airmen. The

effective date and time will thereafter be continuously published in

the Airport/Facility Directory.

* * * * *

Paragraph 6004 Class E airspace areas designated as an extension

to a Class D or Class E surface area

* * * * *

ACE MO E4 St. Joseph, MO [Revised]

Rosecrans Memorial Airport, MO

(lat. 39 deg.46'19'' N., long. 94 deg.54'35'' W.)

St. Joseph VORTAC

(lat. 39 deg.57'38'' N., long. 94 deg.55'31'' W.)

TARIO LOM

(lat. 39 deg.40'33'' N., long. 94 deg.54'25'' W.)

Rosecrans Memorial Airport ILS

(lat. 39 deg.47'16'' N., long. 94 deg.54'25'' W.)

That airspace extending upward from the surface within 1.8 miles

each side of the St. Joseph ILS localizer south course extending

from the 4.2-mile radius of Rosecrans Memorial Airport to the TARIO

LOM and within 1.8 miles each side of the St. Joseph VORTAC 175 deg.

radial extending from the 4.2-mile radius of the airport to 5.8

miles north of the airport. This Class E airspace area is effective

during the specific dates and times established in advance by a

Notice to Airmen. The effective date and time will thereafter be

continuously published in the Airport/Facility Directory.

* * * * *

Paragraph 6005 Class E airspace areas extending upward from 700

feet or more above the surface of the earth.

* * * * *

ACE MO E5 St. Joseph, MO [Revised]

Rosecrans Memorial Airport, MO

(lat. 39 deg.46'19'' N., long. 94 deg.54'35'' W.)

St. Joseph VORTAC

(lat. 39 deg.57'38'' N., long. 94 deg.55'31'' W.)

TARIO LOM

(lat. 39 deg.40'33'' N., long. 94 deg.54'25'' W.)

Rosecrans Memorial Airport ILS

(lat. 39 deg.47'16'' N., long. 94 deg.54'25'' W.)

That airspace extending upward from 700 feet above the surface

within a 6.8-mile radius of Rosecrans Memorial Airport and within

2.0 miles each side of the 175 deg. radial of the St. Joseph VORTAC

and within 4 miles east and 6 miles west of the St. Joseph ILS

localizer south course, extending from the 6.8-mile radius to 10.5

miles south of the TARIO LOM.

* * * * *

Issued in Kansas City, MO, on April 2, 1998.

Christopher R. Blum

Acting Manager, Air Traffic Division, Central Region.

[FR Doc. 98-11130 Filed 4-24-98; 8:45 am]

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