[Federal Register Volume 69, Number 223 (Friday, November 19, 2004)]
[Rules and Regulations]
[Pages 67638-67639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25699]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2004-19576; Airspace Docket No. 04-ACE-66]


Modification of Class E Airspace; Boone, IA

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 part 71) by revising Class E airspace at Boone, IA. A review 
of controlled airspace at Boone, IA revealed it does not comply with 
criteria for 700 feet above ground level (AGL) airspace required to 
protect aircraft executing Standard Instrument Approach Procedures 
(SIAPs) to Boone Municipal Airport. The review also identified 
noncompliance with criteria for diverse departures from the airport and 
other discrepancies in the legal description of airspace area.
    The intended effect of this rule is provide controlled airspace of 
appropriate dimensions to protect aircraft departing from and executing 
SIAPs to Boone Municipal Airport. It also corrects discrepancies in the 
legal description of Boone, IA Class E airspace area and brings the 
airspace area and legal description into compliance with FAA Orders.

DATES: This direct final rule is effective on 0901 UTC, March 17, 2005.
    Comments for inclusion in the Rules Docket must be received on or 
before December 27, 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-2004-19576/Airspace Docket No. 04-ACE-66, 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: 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 71 modifies the 
Class E airspace area extending upward from 700 feet above the surface 
at Boone, IA. An examination of controlled airspace for Boone Municipal 
Airport revealed it does not comply with FAA Order 7400.2E, Procedures 
for Handling Airspace Matters, and FAA Order 8260.19C, Flight 
Procedures and Airspace, criteria for 700 feet AGL airspace required to 
protect aircraft executing SIAPs. The review also identified 
noncompliance with FAA Order 7400.2E criteria for diverse departures 
from the airport and other discrepancies in the legal description of 
the airspace area.
    This amendment modifies the airspace area from a 6.6-mile radius to 
an 6.5-mile radius of Boone Municipal Airport, adds northeast and 
southeast extensions to the airspace area, modifies the northwest 
extension and brings the legal description of the Boone, IA Class E 
airspace area into compliance with FAA Orders 7400.2E and 8260.19C. 
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. 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-2004-19576/Airspace Docket No. 04-ACE-
66.'' 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

[[Page 67639]]

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 IAE5 Boone, IA

Boone Municipal Airport, IA
    (Lat. 42[deg]02'58'' N., long. 93[deg]50'51'' W.)
Boone NDB
    (Lat. 42[deg]03'16'' N., long. 93[deg]51'11'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.5-mile radius of Boone Municipal Airport; and within 7 
miles north and 3 miles south of the 048[deg] bearing from the Boone 
NDB extending from the 6.5-mile radius of the airport to 10 miles 
northeast of the NDB; and within 2.5 miles each side of the 143[deg] 
bearing from the NDB extending from the 6.5-mile radius of the 
airport to 7 miles southeast of the NDB; and within 2.5 miles each 
side of the 333[deg] bearing from the NDB extending from the 6.5-
mile radius of the airport to 7 miles northwest of the NDB.
* * * * *

    Issued in Kansas City, MO, on November 4, 2004.
Anthony D. Roetzel,
Acting Area Director, Western Flight Services Operations.
[FR Doc. 04-25699 Filed 11-18-04; 8:45 am]
BILLING CODE 4910-13-M