This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

68329 

Vol. 70, No. 217 

Thursday, November 10, 2005 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2005–22746; Airspace 

Docket No. 05–ACE–32] 

Modification of Class E Airspace; 

Kennett, MO 

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 Class E airspace 

at Kennett, MO. The establishment of 

Non-Directional Beacon (NDB) 

Instrument Approach Procedures (IAP) 

to Runway 2 and Runway 20 has made 

this action necessary. Additional 

controlled airspace extending upward 

from 700 feet above the surface is 

needed to contain aircraft executing 

these IAPs. The intended effect of this 

rule is to provide adequate controlled 

airspace for Instrument Flight Rules 

operations at Kennett Memorial Airport, 

Kennett, MO. 

DATES: This direct final rule is effective 

on 0901 UTC, February 16, 2006. 

Comments for inclusion in the Rules 

Docket must be received on or before 

December 9, 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 

20590–0001. You must identify the 

docket number FAA–2005–22746/ 

Airspace Docket No. 05–ACE–32, 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: 

Brenda Mumper, Air Traffic Division, 

Airspace Branch, ACE–520A, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2524. 

SUPPLEMENTARY INFORMATION: This 

amendment to 14 CFR Part 71 modifies 

the Class E airspace area extending 

upward from 700 feet above the surface 

at Kennett, MO. These modifications 

provide controlled airspace of 

appropriate dimensions to protect 

aircraft executing IAPs to Kennett 

Memorial Airport and bring the legal 

description of the Kennett, MO 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 7400.9N, 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 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 

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–2005–22746/Airspace 

Docket No. 05–ACE–32.’’ 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 only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation—(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 

68330 Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Rules and Regulations 

economic impact 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 

Kennett Memorial Airport, Kennett, 

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 [Amended] 

■ 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 Kennett, MO 

Kennett Memorial Airport, MO 

(Lat. 36°13′33′′ N., long. 90°02′12′′ W.) 

Kennett NDB 

(Lat. 36°13′43′′ N., long. 90°02′21′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.6-mile 

radius of Kennett Memorial Airport and 

within 2.5 miles each side of the 003° bearing 

from the Kennett NDB extending from the 

6.6-mile radius of the airport to 7 miles north 

of the NDB and within 2.5 miles each side 

of the 030° bearing from the Kennett NDB 

extending from the 6.6-mile radius of the 

airport to 7 miles north of the NDB and 

within 2.5 miles each side of the 191° bearing 

from the Kennett NDB extending from the 

6.6-mile radius of the airport to 7 miles south 

of the NDB. 

* * * * * 

Issued in Kansas City, MO, on October 26, 

2005. 

Elizabeth S. Wallis, 

Acting Area Director, Western Flight Services 

Operations. 

[FR Doc. 05–22395 Filed 11–9–05; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 121 

[Docket No.: FAA–2005–22915; Amendment 

No. 121–317] 

RIN 2120–ai65 

Supplemental Oxygen 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: In this direct final rule, the 

FAA is amending its regulation on the 

use of pilot supplemental oxygen. The 

amendment changes the flight level at 

which the remaining pilot at the 

controls of the airplane must put on and 

use his oxygen mask if the other pilot 

at any time leaves his control station of 

the airplane. This amendment revises 

that altitude to ‘‘above flight level 350’’

from ‘‘above flight level 250.’’ It will 

also eliminate the needless use of 

oxygen that is not otherwise required to 

provide for safety in air carrier 

operations. This will reduce needless 

expenditures to replace oxygen 

equipment that is subject to excessive 

wear and tear. 

DATES: Effective January 9, 2006. 

Comments for inclusion in the Rules 

Docket must be received on or before 

December 27, 2005. 

ADDRESSES: You may send comments 

[identified by Docket Number [Insert 

docket number, for example, FAA–

200X–XXXXX]] using any of the 

following methods: 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

001. 

• Fax: 1–202–493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For more information on the 

rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Privacy: We will post all comments 

we receive, without change, to http:// 

dms.dot.gov, including any personal 

information you provide. For more 

information, see the Privacy Act 

discussion in the SUPPLEMENTARY

INFORMATION section of this document. 

Docket: To read background 

documents or comments received, go to 

http://dms.dot.gov at any time or to 

Room PL–401 on the plaza level of the 

Nassif Building, 400 Seventh Street, 

SW., Washington, DC, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Michael J. Coffey, Air Transportation 

Division (AFS–220), Flight Standards 

Service, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

Telephone No. (202) 267–3750. 

SUPPLEMENTARY INFORMATION: On 

February 25, 2004, the FAA published 

a notice in the Federal Register asking 

the public to tell us which regulations 

we should amend, remove, or simplify. 

See 69 FR 8575. In response to the 

February notice, we received four 

comments on the topic of supplemental 

oxygen. Additionally, the FAA has 

received numerous petitions for 

exemption from 14 CFR 121.333(c)(3). 

These petitions requested relief from the 

regulation so that if it is necessary for 

one pilot to leave his station at the 

controls of the airplane when the 

aircraft is above flight level (FL) 250, the 

remaining pilot at the controls must put 

on and use his oxygen mask until the 

other pilot has returned to his duty 

station. The petitioners sought relief up 

to FL 410. 

When flight operations above FL 250 

were first initiated, there was 

uncertainty of the ability of pilots to 

safely operate in that environment. 

Before the establishment of the FAA in 

1958, the Civil Aeronautics Board (CAB) 

was responsible for safety in air 

transportation. The CAB established 

requirements that both pilots must wear 

oxygen masks at all times when the 

airplane was operated above FL 250. 

The FAA carried forward this 

requirement without comment into its 

regulations. 

As airplanes, pressurization systems, 

engines, and other systems, became 

more reliable, the FAA amended the 

requirements concerning oxygen masks.