Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 71
          - [Docket No. FAA-2006-25502; Airspace Docket No. 06-ACE-10]

# 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 modifying the Class E airspace area at West Plains Municipal Airport. The establishment of Area Navigation (RNAV) Global Positioning System (GPS) Instrument Approach Procedures (IAP) to Runways (RWY) 18 and 36 requires the modification of the Class E airspace area beginning at 700 feet above ground level (AGL). In addition, this action corrects the airport reference point (ARP). This airspace area and the legal description are modified to conform to the criteria in FAA Orders. 

# DATES:

This direct final rule is effective on 0901 UTC, November 23, 2006. Comments for inclusion in the Rules Docket must be received on or before September 15, 2006.

# 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-2006-25502/Airspace Docket No. 06-ACE-10, 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 1-800-647-5227) is on the plaza level                               ( print page 46077)                            of the Department of Transportation NASSIF Building at the above address.                     

# FOR FURTHER INFORMATION CONTACT:

Grant Nichols, Airspace Branch, ACE-520G, DOT Regional Headquarters Building, Federal Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: (816) 329-2522. 

# SUPPLEMENTARY INFORMATION:

This amendment to 14 CFR 71 modifies the Class E airspace area extending upward from 700 feet AGL (E5) at West Plains Municipal Airport and corrects the ARP. The establishment of RNAV(GPS)IAPs to RWYs 18 and 36 requires the modification of the Class E airspace area beginning at 700 feet AGL (E5). The area is expanded from a 6.4-mile radius to a 6.9-mile radius of the airport. This modification brings the legal description of the West Plains Municipal Airport, MO Class E5 airspace area into compliance with FAA Orders 7400.2F and 8260.19C. 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 7400.9N, Airspace Designations and Reporting Points, dated September 1, 2005, and effective September 16, 2005, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document would be published subsequently in the Order.

## The Direct Final Rule Procedure

                    The FAA anticipates that his 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-2006-25502/Airspace Docket No. 06-ACE-10.”  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.   

This 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 regulation is within the scope of that authority since it contains aircraft executing instrument approach procedures to West Plains Municipal Airport, MO.   

# 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.  

§ 71.1 

2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9N, dated September 1, 2005, and effective September 16, 2005, 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 West Plains, MO  

West Plains Municipal Airport, MO  

(Lat. 36°52′42″ N., long. 91°54′10″ W.)  

Hutton VOR/DME  

(Lat. 36°52′17″ N., long. 91°54′00″ W.) 

That airspace extending upward from 700 feet above the surface within a 6.9-mile radius of West Plains Municipal Airport and 8 miles west and 4 miles east of the 196° radial of the Hutton VOR/DME extending from the Hutton VOR/DME to 10 miles south of the Hutton VOR/DME.  

* * * * *

Issued in Kansas City, MO, on July 31, 2006.   

Donna R. McCord,  

Acting Area Director, Western Flight Services Operations.  

[FR Doc. 06-6858 Filed 8-10-06; 8:45 am]  

BILLING CODE 4910-13-M