[Federal Register Volume 69, Number 159 (Friday, October 8, 2004)]
[Rules and Regulations]
[Pages 60285-60286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22610]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-204-18825; Airspace Docket No. 04-ACE-51]


Modification of Class E Airspace; Harrisonville, MO

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 E airspace at Harrisonville, MO. A 
review of controlled airspace for Harrisonville, MO revealed it does 
not reflect the current Lawrence Smith Memorial Airport airport 
reference point (ARP) and is not in compliance with established 
airspace criteria. The airspace area is modified and enlarged to 
conform to the criteria in FAA Orders.

DATES: This direct final rule 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 docket 
number FAA-2004-18825/Airspace Docket No. 04-ACE-51, 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 
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 part 71 modifies 
the Class E airspace area extending upward from 700 feet above the 
surface at Harrisonville, MO. An examination of controlled airspace for 
Harrisonville, MO revealed that the Lawrence Smith Memorial Airport ARP 
used in the legal description for this Class E airspace area is 
incorrect, the legal description is not in proper format and the area 
does not comply with airspace requirements for diverse departures as 
set forth in FAA Order 7400.2E, Procedures for Handling Airspace 
Matters. The criteria in FAA Order 7400.2E for an aircraft to reach 
1200 feet AGL, taking into consideration rising terrain, is based on a 
standard climb gradient of 200 feet per mile plus the distance from the 
airport reference point to the end of the outermost runway. Any 
fractional part of a mile is converted to the next higher tenth of a 
mile. This action expands the Harrisonville, MO Class E airspace area 
extending upward from 700 feet above the surface from a 6.4-mile radius 
to a 6.9-mile radius of Lawrence Smith Memorial Airport, corrects the 
ARP in the legal description, corrects the legal description format by 
adding the city name to the airport line and brings the legal 
description of the Harrisonville, MO Class E airspace area into 
compliance with FAA Order 7400.2E. This 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 7400.9M, Airspace Designations 
and Reporting Points, dated August 30, 2004, and effective September 
16, 2004, 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. 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

    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 docket numbers and be submitted in triplicate to the address 
listed above.

[[Page 60286]]

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-2004-18825/Airspace Docket No. 04-ACE-51.'' 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

0
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

0
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]

0
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 6005 Class E airspace areas extending upward from 700 
feet or more above the surface of the earth.

* * * * *

ACE MO E5 Harrisonville, MO

Harrisonville, Lawrence Smith Memorial Airport, MO
(Lat. 38[deg]36[min]40[sec] N, long. 94[deg]20[min]32[sec] W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.9-mile radius of Lawrence Smith Memorial Airport.
* * * * *

    Issued in Kansas City, MO, on September 21, 2004.
Elizabeth S. Wallis,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 04-22610 Filed 10-7-04; 8:45 am]
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