[Federal Register: November 28, 2003 (Volume 68, Number 229)]
[Rules and Regulations]
[Page 66700-66701]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28no03-5]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2003-16497; Airspace Docket No. 03-ACE-81]
Modification of Class E Airspace; Milford, IA
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule; request for comments.
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SUMMARY: This action modifies the Class E airspace area at Milford, IA.
A review of controlled airspace for Fuller Airport, Milford, IA,
indicates it does not comply with the criteria for 700 feet Above
Ground Level (AGL) airspace required for diverse departures as
specified in FAA Order 7400.2E. The area is enlarged to conform to the
criteria in FAA Order 7400.2E.
DATES: This direct final rule is effective on 0901 UTC, February 19,
2004. Comments for inclusion in the Rules Docket must be received on or
before December 31, 2003.
ADDRESSES: Send comments on this rule 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-2003-16497/Airspace Docket No. 03-ACE-81, 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 Municipal Headquarters Building, Federal
Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone:
(816) 329-2525.
SUPPLEMENTARY INFORMATION: This amendment to 14 CFR 71 modifies the
Class E airspace area extending upward from 700 feet above the surface
of the earth at Milford, IA. An examination of controlled airspace for
Fuller Airport reveals it does not meet the criteria for 700 AGL
airspace required for diverse departures as specified in FAA Order
7400.2E, Procedures for Handling
[[Page 66701]]
Airspace Matters. The criteria in FAA Order 7400.2E for an aircraft to
reach 1200 feet AGL is based on a standard climb gradient of 200 feet
per mile plus the distance from the Airport Reference Point (ARP) to
the end of the outermost runway. Any fractional part of a mile is
converted to the next higher tenth of a mile. This amendment brings the
legal description of the Milford, IA Class E airspace area into
compliance with FAA Order 7400.2E. 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 7400.9L, dated September 2,
2003, and effective September 16, 2003, 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
receiving 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 the 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 developed 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-2003-16497/Airspace Docket No. 03-ACE-
81.'' 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 certfy that this regulation (1) is not a
``significant regulatory action'' under Executive Order 12866; (2) is
not ``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.
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 9656, 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 7400.9L, dated September 2, 2003, and effective
September 16, 2003, 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 Milford, IA
Milford, Fuller Airport, IA (Lat. 43[deg]19'59'' N., long.
95[deg]09'33'' W.)
That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of Fuller Airport, excluding that airspace
within the Spencer, IA Class E airspace area.
* * * * *
Issued in Kansas City, MO, on November 14, 2003.
Paul J. Sheridan,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 03-29452 Filed 11-26-03; 8:45 am]
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