[Federal Register Volume 69, Number 188 (Wednesday, September 29, 2004)]
[Rules and Regulations]
[Pages 58047-58049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21862]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2004-18824; Airspace Docket No. 04-ACE-50]


Modification of Class D Airspace; and Modification of Class E 
Airspace; Joplin, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

-----------------------------------------------------------------------

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 
Joplin, MO. A review of the controlled airspace areas at Joplin, MO 
revealed noncompliance with criteria for diverse departures from Joplin 
Regional Airport. The review also identified other discrepancies in the 
legal descriptions for the Joplin, MO 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 Joplin Regional 
Airport. It also corrects discrepancies in the legal descriptions of 
Joplin, MO 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 8, 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

[[Page 58048]]

docket number FAA-2004-18824/Airspace Docket No. 04-ACE-50, 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 comment 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 address.

FOR FURTHER INFORMATION CONTACT: Brenda Mumper, Air Traffic Division, 
Airspace Branch, ACE-520A, DOT Regional Headquarters Building, Federal 
Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: 
(816) 329-2524.

SUPPLEMENTARY INFORMATION: This amendment to 14 CFR 71 modifies the 
Class D airspace area, the Class E airspace area designated as a 
surface area and the Class E airspace area extending upward from 700 
feet above the surface at Joplin, MO. An examination of controlled 
airspace for Joplin, MO revealed that the Class D airspace area and the 
Class E airspace area designated as a surface area do not comply with 
airspace requirements for diverse departures from Joplin Regional 
Airport as set forth in FAA Order 7400.2E, Procedures for Handling 
Airspace Matters. The examination also revealed that the dimensions and 
descriptions of extensions to the Class E airspace area extending 
upward from 700 feet above the surface do not comply with FAA Order 
8260.19C, Flight Procedures and Airspace.
    This action expands the Joplin, MO Class D and Class E airspace 
area designated as a surface area from a 4.2-mile to a 4.3-mile radius 
of Joplin Regional Airport. It also defines the centerline of the 
northwest extension to the Class E airspace area extending upward from 
700 feet above the surface in relation to the 318[deg] bearing from 
LUNNS LOM, decreases the width of this extension from 2.6 to 1.9 miles 
each side of centerline and decreases the length from 7.4 to 7 miles 
from LUNNS LOM. Additionally, the southeast extension to the Class E 
airspace area extending upward from 700 feet above the surface is no 
longer required and is deleted from the legal description.
    These modifications provide controlled airspace of appropriate 
dimensions to protect aircraft departing from the executing SIAPs to 
Joplin Regional Airport and bring the legal descriptions of the Joplin, 
MO 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 and Class E airspace 
areas extending upward from 700 feet or more above the surface of the 
earth are published in Paragraphs 6002 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 
regulations 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 data 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

    Interested parties are invited to participate in this rulemaking by 
submiting 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 
to the overall regulatory, aeronautical, economic, environmental, and 
energy-related aspects of the proposal. Communications should identify 
both 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-2004-18824/Airspace Docket No. 04-ACE-
50.'' The postcard will be date/time stamped and returned to 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 <greek-i> 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 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 MO D Joplin, MO

Joplin Regional Airport, MO
    (Lat. 37[deg]09'07'' N., long. 94[deg]29'54'' W.)


[[Page 58049]]


    That airspace extending upward from the surface to and including 
3,500 feet MSL within a 4.3-mile radius of Joplin Regional 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 MO E2 Joplin, MO

Joplin Regional Airport, MO
    Lat. 37[deg]09'07'' N., long. 94[deg]29'54'' W.)

    Within a 4.3-mile radius of Joplin Regional 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 Joplin, MO

Joplin regional Airport, MO
    (Lat. 37[deg]09'07'' N., long. 94[deg]29'54'' W.)
LUNNS LOM
    (Lat. 37[deg]12'11'' N., long 94[deg]33'31'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.8-mile radius of Joplin Regional Airport and within 1.9 
miles each side of the 318[deg] bearing from the LUNNS LOM extending 
from the 6.8-mile radius of the airport to 7 miles northwest of the 
LOM.
* * * * *

    Issued in Kansas City, MO, on September 17, 2004.
Paul J. Sheridan,
Manager, Air Traffic Division, Central Region.
[FR Doc. 04-21862 Filed 9-28-04; 8:45 am]
BILLING CODE 4910-13-M