Amendment to Class E Airspace; Emporia, KS

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 99-ACE-24]

Amendment to Class E Airspace; Emporia, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action amends the Class E airspace areas at Emporia

Municipal Airport, Emporia, KS. The FAA has developed Global

Positioning System (GPS) Runway (RWY) 1, GPS RWY 19, VHF

Omnidirectional Range/Distance Measuring Equipment (VOR/DME) Area

Navigation (RNAV) RWY 19, and amended the VOR or GPS-A Standard

Instrument Approach Procedures (SIAPs) to serve Emporia Municipal

Airport, KS. The Development of these SIAPs has resulted in a slight

reduction in the Class E surface area. Additional controlled airspace

extending upward from 700 feet Above Ground Level (AGL) is needed to

accommodate these SIAPs, however the extensions to the north and

southeast have been eliminated. The enlarged Class E area will contain

the new GPS RWY 1, GPS RWY 19, VOR/DME RNAV RWY 19, and VOR or GPS-A

SIAPs in controlled airspace.

In addition, a minor revision to the Airport Reference Point (ARP)

geographic coordinates for the Emporia Municipal Airport is included in

this document. The intended effect of this rule is to provide

controlled Class E airspace for aircraft executing the GPS RWY 1, GPS

RWY 19, VOR/DME RNAV RWY 19, and VOR or GPS-A SIAPs, revise the ARP

coordinates for the Emporia Municipal Airport, and to segregate

aircraft using instrument approach procedures in instrument conditions

from aircraft operating in visual conditions.

DATES: This direct final rule is effective on 0901 UTC, September 9,

1999.

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

before July 26, 1999.

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

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

Administration, Docket Number 99-ACE-24, 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: The FAA has developed GPS RWY 1, GPS RWY 19,

VOR/DME RNAV RWY19, and VOR or GPS-A SIAPs to serve the Emporia

Municipal Airport, Emporia, KS. In addition, the Class E airspace

includes a minor revision to the geographic coordinates for the Emporia

Municipal Airport ARP. The Class E surface area is slightly reduced.

The amendment to Class E airspace at Emporia, KS, will provide

additional controlled airspace at and above 700 feet AGL in order to

contain the new SIAPs within controlled airspace, eliminate the

extensions to the north and southeast, and thereby facilitate

separation of aircraft operating under Instrument Flight Rules. The

areas will be depicted on appropriate aeronautical charts. Class E

airspace areas designated as a surface area for an airport are

published in paragraph 6002 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 7400.9F, dated September 10, 1998, and

effective September 16, 1998, which is incorporated by reference in 14

CFR 71.1. The Class E airspace designations 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 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

[[Page 33013]]

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. 99-ACE-24.'' 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, 1997);

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 6002 Class E airspace areas designated as a surface area

airport.

* * * * *

ACE KS E2 Emporia, KS [Revised]

Emporia Municipal Airport, KS

(Lat. 38 deg.19'56'' N., long. 96 deg.11'28'' W.)

Within a 4-mile radius of Emporia Municipal 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 KS E5 Emporia, KS [Revised]

Emporia Municipal Airport, KS

(Lat. 38 deg.19'56'' N., long. 96 deg.11'28'' W.)

That airspace extending upward from 700 feet above the surface

within a 6.5-mile radius of Emporia Municipal Airport.

* * * * *

Issued in Kansas City, MO, on May 21, 1999.

Donovan D. Schardt,

Acting Manager, Air Traffic Division, Central Region.

[FR Doc. 99-15709 Filed 6-18-99; 8:45 am]

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