[Federal Register Volume 69, Number 185 (Friday, September 24, 2004)]
[Rules and Regulations]
[Pages 57169-57170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21529]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2004-18822; Airspace Docket No. 04-ACE-48]


Modification of Class D Airspace; and Modification of Class E 
Airspace; Salina, 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 D and Class E airspace areas at 
Salina, KS. A review of the controlled airspace areas at Salina, KS 
revealed they do not reflect the current Salina Municipal Airport 
airport reference point (ARP) and do not comply with criteria for 
diverse departures. The review also identified other discrepancies in 
the legal descriptions for the Salina, KS Class D and Class E airspace 
areas. The intended effect of this rule is to provide controlled 
airspace of appropriate dimensions to protect aircraft departing from 
and executing Standard Instrument Approach Procedures (SIAPs) to Salina 
Municipal Airport. It also corrects discrepancies in the legal 
descriptions of Salina, KS Class D and Class E airspace areas and 
brings the airspace areas and legal descriptions into compliance with 
FAA Orders.

DATES: This direct final rule is effective on 0901 UTC, January 20, 
2005. Comments for inclusion in the Rules Docket must be received on or 
before November 1, 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-2004-18822/Airspace Docket No. 04-ACE-48, 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 adress.

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 part 71 modifies 
the Class D airspace area, the Class E airspace area designated as a 
surface area, the Class E airspace area designated as an extension to 
the Class D airspace area and the Class E airspace area extending 
upward from 700 feet above the surface at Salina, KS. An examination of 
controlled airspace for Salina, KS revealed that the Salina Municipal 
Airport ARP used in the legal descriptions for all airspace areas is 
incorrect. The location of the Salina collocated very high frequency 
omni-directional radio range and tactical air nagivational aid (VORTAC) 
used in the Class E airspace area designated as an extension to the 
Class D airspace area legal description is incorrect. The examination 
also revealed that the airspace areas do not comply with airspace 
requirements for diverse departures as set forth in FAA Order 7400.2E, 
Procedures for Handling Airspace Matters, and that the dimensions of 
extensions to the airspace areas do not comply with FAA Order 8260.19C, 
Flight Procedures and Airspace.
    This action expands the Salina, KS Class D and Class E airspace 
area designated as a surface area from a 4.9-mile to a 5.4-mile radius 
of Salina Municipal Airport. It also expands the Class E airspace area 
extending upward from 700 feet above the surface from a 7.4-mile radius 
to an 8.4-mile radius of the airport and corrects the ARP and location 
of the Salina VORTAC in the legal descriptions. Additionally, this 
action modifies the Class E airspace area designated as an extension to 
the Class D airspace area reducing its width from 2 to 1.5 miles each 
side of centerline and decreasing its length by 2 miles. Extensions to 
the Class E airspace area extending upward from 700 feet above the 
surface are no longer required and are deleted from the legal 
description.
    These modifications provide controlled airspace of appropriate 
dimensions to protect aircraft departing from and executing SIAPs to 
Salina Municipal Airport and bring the legal descriptions of the 
Salina, KS Class D and Class E airspace areas into compliance with FAA 
Orders 7400.2E and 8260.19C. Class D airspace areas are published in 
Paragraph 5000 of FAA Order 7400.9M, dated August 30, 2004, and 
effective September 16, 2004, which is incorporated by reference in 14 
CFR 71.1. Class E airspace areas designated as surface areas, Class E 
airspace areas designated as an extension to a Class D airspace area 
and Class E airspace areas extending upward from 700 feet or more above 
the surface of the earth are published in Paragraphs 6002, 6004 and 
6005, respectively, of the same FAA Order. The Class D and 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. 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 rulelmaking 
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

[[Page 57170]]

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-2004-18822/Airspace Docket No. 04-ACE-
48.'' 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.

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 7400.9M, dated August 30, 2004, and 
effective September 16, 2004, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ACE KS D Salina, KS

Salina Municipal Airport, KS
    (Lat. 38[deg]47[min]27[sec] N., long. 97[deg]39[min]08[sec] W.)

    That airspace extending upward from the surface to and including 
3,800 feet MSL within a 5.4-mile radius of Salina 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 Designated as Surface Areas.

* * * * *

ACE KS E2 Salina, KS

Salina Municipal Airport, KS
    (Lat. 38[deg]47[min]27[sec] N., long. 97[deg]39[min]08[sec] W.)

    Within a 5.4-mile radius of Salina 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 6004 Class E Airspace Designated as an Extension to a 
Class D or Class E Surface Area.

* * * * *

ACE KS E4 Salina, KS

Salina Municipal Airport, KS
    (Lat. 38[deg]47[min]27[sec] N., long. 97[deg]39[min]08[sec] W.)
Salina VORTAC
    (Lat. 38[deg]55[min]31[sec] N., long. 97[deg]37[min]17[sec] W.)

    That airspace extending upward from the surface within 1.5 miles 
each side of the Salina VORTAC 190[deg] radial extending from the 
5.4-mile radius of Salina Municipal Airport to 2 miles south of the 
VORTAC.
* * * * *

Paragraph 6005 Class E airspace areas extending upward from 700 
feet or more above the surface of the earth.

* * * * *

ACE KS E5 Salina, KS

Salina Municipal Airport, KS
(Lat. 38[deg]47[min]127[sec] N., long. 97[deg]39[min]08[sec] W.)

    That airspace extending upward from 700 feet above the surface 
within an 8.4-mile radius of Salina Municipal Airport.
* * * * *

    Dated: Issued in Kansas City, MO, on September 16, 2004.
Paul J. Sheridan,
Manager, Air Traffic Division, Central Region.
[FR Doc. 04-21529 Filed 9-23-04; 8:45 am]
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