Amendment to Class E Airspace; Perry, IA

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98-ACE-52]

Amendment to Class E Airspace; Perry, IA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action amends Class E airspace area at Perry Municipal

Airport, Perry, IA. A review of the Class E airspace area for Perry

Municipal 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 has

been enlarged to conform to the criteria of FAA Order 7400.2D. The

intended effect of this rule is to provide additional controlled Class

E airspace for aircraft operating under Instrument flight Rules (IFR)

and comply with the criteria of FAA Order 7400.2D.

DATES: Effective date: 0901 UTC, March 25, 1999.

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

before January 28, 1999.

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

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

Administration, Docket Number 98-ACE-52, 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 E airspace at Perry, IA. A review of the Class E airspace for

Perry Municipal 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 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 amendment at Perry Municipal Airport, IA, will

provide additional airspace for aircraft operating under IFR and comply

with the criteria of FAA Order 7400.2D. 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 7400.9F, dated September 10,

1998, and effective September 16, 1998, 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. The amendments

will enhance safety for all 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 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

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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 in this rule must submit a self-addressed,

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

to Docket No. 98-ACE-52.'' 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 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 7400.9F, Airspace Designations and

Reporting Points, dated September 10, 1998, and effective September 16,

1998, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700

feet or more above the surface of the earth.

* * * * *

ACE IA E5 Perry, IA [Revised]

Perry Municipal Airport, IA

(Lat 41 deg.49'41''N., long. 94 deg.09'36''W.)

Perry NDB

(Lat. 41 deg.49'50''N., long. 94 deg.09'38''W.)

That airspace extending upward from 700 feet above the surface

within a 6.4-mile radius of Perry Municipal Airport and within 2.6

miles each side of the 151 deg. bearing from Perry NDB extending

from the 6.4-mile radius to 7 miles southeast of the airport and

within 2.6 miles each side of the 316 deg. bearing from the Perry

NDB extending from the 6.4-mile radius to 7 miles northwest of the

airport, excluding that airspace within the Des Moines, IA, and the

Jefferson, IA, Class E5 airspace.

* * * * *

Issued in Kansas City, MO, on December 7, 1998.

Jack L. Skelton,

Acting Manager, Air Traffic Division, Central Region.

[FR Doc. 98-34771 Filed 12-31-98; 8:45 am]

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