[Federal Register Volume 72, Number 11 (Thursday, January 18, 2007)]
[Rules and Regulations]
[Pages 2181-2182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-150]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2006-25943; Airspace Docket No. 06-ACE-13]


Modification of Class E Airspace; Phillipsburg, KS

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 modifying the Class E airspace area at Phillipsburg 
Municipal Airport, KS. An examination of controlled airspace for 
Phillipsburg, KS revealed discrepancies in the legal description for 
the Class E airspace area. The intended effect of this rule is to 
provide controlled airspace of appropriate dimensions to protect 
aircraft executing Standard Instrument Approach Procedures (SIAP) to 
Phillipsburg Municipal Airport, KS.

DATES: This direct final rule is effective on 0901 UTC, May 10, 2007. 
Comments for inclusion in the Rules Docket must be received on or 
before February 1, 2007. The Director of the Federal Register approves 
this incorporation by reference action under 1 CFR Part 51, subject to 
the annual revision of FAA Order 7400.9 and publication of conforming 
amendments.

ADDRESSES: Send comments on this proposal to the Docket Management 
System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh 
Street, NW., Washington, DC 20590-0001. You must identify the docket 
number FAA-2006-25943/Airspace Docket No. 06-ACE-13, 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: Grant Nichols, System Support, 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 (ES) at 
Phillipsburg Municipal Airport, KS. The radius of the Class E Airspace 
area extending upward from 700 feet above the surface of the earth is 
expanded from within a 6.5-mile radius to within a 7.6-mile radius of 
the airport. This modification brings the legal description of the 
Phillipsburg Municipal Airport, KS 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 7400.9P, Airspace 
Designations and Reporting Points, dated September 1, 2006, and 
effective September 15, 2006, 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 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. Comments 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-2006-25943/Airspace Docket No. 06-ACE-
13''. 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 
Phillipsburg Municipal Airport, KS.

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:

[[Page 2182]]

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 7400.9P, dated September 1, 2006, and effective 
September 15, 2006, is amended as follows:

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

* * * * *

ACE KS E5 Phillipsburg, KS

Phillipsburg Municipal Airport, KS
    (Lat. 39[deg]44'09'' N., long. 99[deg]19'02'' W.)
Phillipsburg NDB
    (Lat. 39[deg]42'22'' N., long. 99[deg]17'17'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 7.6-mile radius of Phillipsburg Municipal Airport and 
within 2.6 miles each side of the 143[deg] bearing from the 
Phillipsburg NDB extending from the 7.6-mile radius to 7 miles 
southeast of the NDB.
* * * * *

    Issued in Fort Worth, TX, on December 26, 2006.
Donald R. Smith,
Manager, System Support Group, ATO Central Service Area.
[FR Doc. 07-150 Filed 1-17-07; 8:45 am]
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