[Federal Register Volume 72, Number 94 (Wednesday, May 16, 2007)]
[Rules and Regulations]
[Pages 27416-27417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2370]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2007-27679; Airspace Docket No. 07-ACE-4]


Modification of Class E Airspace; Marshalltown, 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 
71q (14 CFR 71) by modifying the Class E airspace area at Marshalltown 
Municipal Airport, IA. The cancellation of the Non Directional Beacon 
(NDB) Instrument Approach Procedure (IAP) and subsequent 
decommissioning of the Marshalltown NDB requires modification of the 
Class E airspace area extending upward from 700 feet above the surface 
of the earth. The intended effect of this rule is to provide controlled 
airspace of appropriate dimensions to protect aircraft executing 
Standard Instrument Approach Procedures (SIAP) to Marshalltown 
Municipal Airport, IA.

DATES: This direct final rule is effective on 0901 UTC, July 5, 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. Comments for 
inclusion in the Rules Docket must be received on or before May 31, 
2007.

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-2007-27679/Airspace Docket No. 07-ACE-4, 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 
Municipal Headquarters Building, Federal Aviation Administration, 901 
Locust, Kansas City, MO 64106; telephone: (816) 329-2522.

SUPPLEMENTARY INFORMATION: This amendment to 14 CFR part 71 modifies 
the Class E airspace area extending upward from 700 feet above the 
surface (E5) at Marshalltown Municipal Airport, IA. The northwest 
extension of the E5 airspace area is defined by the 298[deg] radial 
from the Elmwood VOR/DME instead of the NDB and the southeast extension 
is changed from the 135[deg] radial from the Elmwood VOR/DME to the 
138[deg] radial to match Instrument Approach Procedures. The reference 
to the Marshalltown NDB is removed from the legal description. This 
modification brings the legal description of the Marshalltown Municipal 
Airport, IA 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 witdrawing 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-2007-27679/Airspace Docket No. 07-ACE-4.'' 
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

[[Page 27417]]

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 the 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 
Marshalltown Municipal Airport, IA.

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 7400.9P, 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 IA E5 Marshalltown, IA

Marshalltown Municipal Airport, IA
    (Lat. 42[deg]06'46'' N., long. 92[deg]55'04'' W.)
Elmwood VOR/DME
    (Lat. 42[deg]06'41'' N., long. 92[deg]54'32'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.4-mile radius of Marshalltown Municipal Airport and 
within 2.6 miles each side of the 138[deg] radial from the Elmwood 
VOR/DME extending from the 6.4-mile radius to 7 miles southeast of 
the airport and within 2.6 miles each side of the 298[deg] radial 
from the Elmwood VOR/DME extending from the 6.4-mile radius to 7 
miles northwest of the airport.
* * * * *

    Issued in Fort Worth, TX, on April 27, 2007.
Donald R. Smith,
Manager, System Support Group, ATO Central Service Area.
[FR Doc. 07-2370 Filed 5-15-07; 8:45 am]
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