Amendment to Class D and Class E Airspace; Cape Girardeau, MO

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98-ACE-2]

Amendment to Class D and Class E Airspace; Cape Girardeau, 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 Cape Girardeau Municipal Airport, Cape Girardeau, MO. A review of

the Class E airspace for Cape Girardeau 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 area has been enlarged to conform to the criteria of FAA

Order 7400.2D. The current airspace description in FAA Order 7400.9E

indicates part-time operation for the Class E airspace area. The actual

hours of operation for the Class E airspace area are continuous. A

minor 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, indicate the Class E airspace area is in

effect continuously, comply with the criteria of FAA Order 7400.2D, and

to provide additional controlled Class E airspace for aircraft

operating under Instrument Flight Rules (IFR).

DATES: Effective date: 0901 UTC, June 18, 1998.

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

received on or before March 20, 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-2, 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 part 71 revises the

Class D and Class E airspace at Cape Girardeau, MO. A review of the

Class E airspace for Cape Girardeau 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 airspace

description of Class E airspace area at Cape Girardeau Municipal

Airport is revised to indicate full-time status by removing the

statement which indicates part-time status. The Class E surface

airspace area is in effect continuously. The Class D and Class E areas

are amended to indicate the new ARP coordinates. The amendment at Cape

Girardeau Municipal Airport will meet the criteria of FAA Order

7400.2D, indicate the Class E airspace area status is continuous,

revise the ARP coordinates, provide additional controlled airspace at

and 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 designated for

an airport containing at least one primary airport around which the

airspace is designated are published in paragraph 5000; Class E

airspace areas designated as a surface area for an airport are

published in paragraph 6002; 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 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

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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-2''. 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 Cape Girardeau, MO [Revised]

Cape Girardeau Municipal Airport, MO

(Lat. 37 deg.13'31'' N., long. 89 deg.34'15'' W.)

That airspace extending upward from the surface to and including

2,800 feet MSL within a 4.1-mile radius of the Cape Girardeau

Municipal 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 6002 Class E airspace areas designated as a surface

areaa for an airport.

* * * * *

ACE MO E2 Cape Girardeau, MO [Revised]

Cape Girardeau Municipal Airport, MO

(Lat. 37 deg.13'31''N., long. 89 deg.34'15''W.)

Within a 4.1-mile radius of the Cape Girardeau Municipal

Airport.

* * * * *

Paragraph 6004 Class E airspace areas designated as an extension

to a Class D or Class E surface area.

* * * * *

ACE MO E4 Cape Girardeau, MO [Revised]

Cape Girardeau Municipal Airport, MO

(Lat. 37 deg.13'31''N., long. 89 deg.34'15''W.)

Cape Girardeau VOR/DME

(Lat. 37 deg.13'39''N., long. 89 deg.34'21''W.)

That airspace extending upward from the surface within 2.6 miles

each side of the 108 deg. radial of the Cape Girardeau VOR/DME

extending from the 4.1-mile radius of Cape Girardeau Municipal

Airport to 4.4 miles east of the VOR/DME and within 2.2 miles each

side of the 194 deg. radial of the Cape Girardeau VOR/DME extending

from the 4.1-mile radius of the airport to 5.7 miles south of the

VOR/DME and within 2.6 miles each side of the 279 deg. radial of the

Cape Girardeau VOR/DME extending from the 4.1-mile radius of the

Airport to 7.4 miles west of the VOR/DME.

* * * * *

Paragraph 6005 Class E airspace areas extending upward from 700

feet or more above the surface of the earth.

* * * * *

ACE MO E5 Cape Girardeau, MO [Revised]

Cape Girardeau Municipal Airport, MO

(Lat. 37 deg.13'31''N., long. 89 deg.34'15''W.)

Cape Girardeau VOR/DME

(Lat. 37 deg.13'39''N., long. 89 deg.34'21''W.)

That airspace extending upward from 700 feet above the surface

within a 6.6-mile radius of Cape Girardeau Municipal Airport and

within 2.5 miles each side of the 108 deg. radial of the Cape

Girardeau VOR/DME extending from the 6.6-mile radius to 8.7 miles

east of the VOR/DME and within 3 miles each side of the 194 deg.

radial of the Cape Girardeau VOR/DME extending from the 6.6-mile

radius to 10 miles south of the VOR/DME and within 3 miles each side

of the 279 deg. radial of the Cape Girardeau VOR/DME extending from

the 6.6-mile radius to 8.7 miles west of the VOR/DME.

* * * * *

Issued in Kansas City, MO, on January 9, 1998.

Christopher R. Blum,

Acting Manager, Air Traffic Division, Central Region.

[FR Doc. 98-3963 Filed 2-17-98; 8:45 am]

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