[Federal Register Volume 69, Number 229 (Tuesday, November 30, 2004)]
[Proposed Rules]
[Pages 69554-69556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26344]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2004-19577; Airspace Docket No. 04-ACE-67]


Proposed Establishment of Class E2 Airspace; and Modification of 
Class E5 Airspace; Independence, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice proposes to create a Class E surface area at 
Independence, KS. It also proposes to modify the Class E5 airspace at 
Independence, KS.

DATES: Comments for inclusion in the Rules Docket must be received on 
or before January 10, 2005.

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

[[Page 69555]]

20590-0001. You must identify the docket number FAA-2004-19577/Airspace 
Docket No. 04-ACE-67, 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:

Comments Invited

    Interested parties are invited to participate in this proposed 
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-2004-19577/
Airspace Docket No. 04-ACE-67.'' The postcard will be date/time stamped 
and returned to the commenter.

Availability of NPRM's

    An electronic copy of this document may be downloaded through the 
Internet at http://dms.dot.gov. Recently published rulemaking documents 
can also be accessed through the FAA's Web page at http://www.faa.gov 
or the Superintendent of Document's Web page at http://www.access.gop.gov/nara.
    Additionally, any person may obtain a copy of this notice by 
submitting a request to the Federal Aviation Administration, Office of 
Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW., 
Washington 20591, or by calling (202) 267-8783. Communications must 
identify both docket numbers for this notice. Persons interested in 
being placed on a mailing list for future NPRM's should contact the 
FAA's Office of Rulemaking (202) 267-9677, to request a copy of 
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution 
System, which describes the application procedure.

The Proposal

    This notice proposes to amend Part 71 of the Federal Aviation 
Regulations (14 CFR part 71) to establish Class E airspace designated 
as a surface area for an airport at Independence, KS. Controlled 
airspace extending upward from the surface of the earth is needed to 
contain aircraft executing instrument approach procedures to 
Independence Municipal Airport. Weather observations would be provided 
by an Automatic Weather Observing/Reporting system (AWOS) and 
communications would be direct with Kansas City Air Route Traffic 
Control Center.
    This notice also proposes to revise the Class E airspace area 
extending upward from 700 feet above the surface at Independence, KS. 
An examination of this Class E airspace area revealed it does not 
comply with airspace requirements for diverse departments from 
Independence Municipal Airport as set forth in FAA Order 7400.2E, 
Procedures for Handling Airspace Matters. The examination also revealed 
discrepancies in the Independence Municipal Airport airport reference 
point. This proposal would correct these anomalies. The areas would be 
depicted on appropriate aeronautical charts.
    Class E airspace areas designated as surface areas are published in 
Paragraph 6002 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 extending upward from 700 feet or more 
above the surface of the earth are published in Paragraph 6005 of the 
same Order. The Class E airspace designations listed in this document 
would be published subsequently in the Order.
    The FAA has determined that this proposed regulation only involves 
an established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
It, therefore, (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under DOT 
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); 
and (3) does not warrant preparation of a Regulatory Evaluation as the 
anticipated impact is so minimal. Since this is a routine matter that 
will only affect air traffic procedures and air navigation, it is 
certified that this rule, when promulgated, will not have a significant 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act.
    This proposed rulemaking is promulgated under the authority 
described in Subtitle VII, Part A, Subpart I, Section 40103. Under that 
section, the FAA is charged with prescribing regulations to assign the 
use of the airspace necessary to ensure the safety of aircraft and the 
efficient use of airspace. This proposed regulation is within the scope 
of that authority since it would contain aircraft executing instrument 
approach procedures to Independence Municipal Airport and correct 
discrepancies in the airport reference point.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 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, Airspace Designations and 
Reporting Points, dated August 30, 2004, and effective September 16, 
2004, is amended as follows:

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

ACE KS E2 Independence, KS

    Independence Municipal Airport, KS (lat. 37[deg]09'30'' N., 
long. 95[deg]46'42'' W.).
    Within a 4.6-mile radius of Independence Municipal Airport.
* * * * *

[[Page 69556]]

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

* * * * *

ACE KS E5 Independence, KS

    Independence Municipal Airport, KS (lat. 37[deg]09'30'' N., 
long. 95[deg]46'42'' W.).
    That airspace extending upward from 700 feet above the surface 
within a 7.5-mile radius of the Independence Municipal Airport.
* * * * *

    Issued in Kansas City, MO, on November 10, 2004.
Anthony D. Roetzel,
Acting Area Director, Western Flight Services Operations.
[FR Doc. 04-26344 Filed 11-29-04; 8:45 am]
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