04-917. Modification of Class E Airspace; Springfield, MO

AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Direct final rule; request for comments.

SUMMARY:

New and amended Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) have been developed to serve Springfield-Branson Regional Airport, Springfield, MO. The Springfield-Branson Regional Airport airport reference point (ARP) has been redefined. These actions require modifications to Springfield, MO controlled airspace in order to provide airspace required for diverse departures and to protect aircraft executing SIAPs to Springfield-Branson Regional Airport. An examination of controlled airspace for Springfield, MO revealed discrepancies in the legal descriptions for the Springfield, MO Class E3 and Class E5 airspace areas. The intended effect of this rule is to provide controlled airspace of appropriate dimensions to protect aircraft departing from and executing SIAPs to Springfield-Branson Regional Airport. The Class E5 area is enlarged, discrepancies in the legal descriptions of Springfield, MO Class E3 and Class E5 airspace areas are corrected and the airspace areas and their legal descriptions are brought into compliance with FAA Orders.

DATES:

This direct final rule is effective on 0901 UTC, April 15, 2004, Comments for inclusion in the Rules Docket must be received on or before January 27, 2004.

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-2003-16763/Airspace Docket No. 03-ACE-100, 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 [phone]) 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 Municipal Headquarters Building, Federal Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: [phone].

SUPPLEMENTARY INFORMATION:

This amendment to 14 CFR 71 modifies the Class E airspace area extending upward from the surface designated as an extension to the Class C airspace surface area (Class E3) and the Class E airspace area extending upward from 700 feet above the surface (Class E5) at Springfield, MO. RNAV (GPS) RWY 2, ORIGINAL SIAP; RNAV (GPS) RWY 20, ORIGINAL SIAP; RNAV (GPS) RWY 14, Amendment 1 SIAP; and RNAV (GPS) RWY 32, Amendment 1 SIAP have been developed to serve Springfield-Branson Regional Airport. The Springfield-Branson Regional Airport ARP has been redefined. The Springfield, MO Class E5 airspace area must be enlarged from a 6.7-mile radius of Springfield-Branson Regional Airport to a 6.9-mile radius in order to comply with the criteria for 700 feet Above Ground Level (AGL) airspace required for diverse departures and to contain aircraft executing SIAPs. An examination of controlled airspace for Springfield, MO revealed discrepancies in the legal descriptions for the Springfield, MO class E3 and Class E5 airspace areas. The Springfield-Branson Regional Airport ARP and the location of the Springfield collocated very high frequency omni-directional radio range and tactical air navigational aid (VORTAC) must be amended in the Springfield, MO Class E3 and Class E5 legal descriptions to reflect current data. This action corrects the discrepancies and brings the airspace areas and their legal descriptions into compliance with FAA Order 7400.2E, Procedures for Handling Airspace Matters. The areas will be depicted on appropriate aeronautical charts. class E airspace areas consisting of airspace extending upward from the surface and designated as an extension to a Class C surface area are published in paragraph 6003 of FAA Order 7400.9L, dated September 2, 2003, and effective September 16, 2003, which is incorporated by reference in 14 CFR 71.1. Class E airspace areas extending upward from 700 feet or more above the surface of the earth are published in paragraph 6005 of the same FAA Order. The Class E airspace designations 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 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-2003-16763/Airspace Docket No. 03-ACE-100.” 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 regualtion 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.

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 7400.9L, dated September 2, 2003, and effective September 16, 2003, is amended as follows:

* * * * *

Paragraph 6003 Class E airspace areas designated as an extension.

The Class E airspace area listed below consists of airspace extending upward from the surface designated as an extension to a Class C surface area.

* * * * *

ACE MO E3 Springfield, MO

Springfield-Branson Regional Airport, MO

(Lat. 37°14′44″ N., long. 93°23′19″ W.)

Springfield VORTAC

(Lat. 37°21′21″ N., long. 93°20′03″ W.)

That airspace extending upward from the surface within 1.8 miles west and 2.2 miles east of the Springfield VORTAC 200° radial extending from the 5-mile radius of Springfield-Branson Regional Airport to the VORTAC.

* * * * *

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

* * * * *

ACE MO E5 Springfield, MO

Springfield-Branson Regional Airport, MO

(Lat. 37°14′44″ N., long. 93°23′19″ W.)

Springfield VORTAC

(Lat. 37°21′21″ N., long. 93°20′03″ W.)

Springfield-Branson Regional Localizer

(Lat. 37°15′21″ N., long. 93°22′45″ W.)

Willard NDB

(Lat. 37°17′58″ N., long. 93°26′27″ W.)

That airspace extending upward from 700 feet above the surface within a 6.9-mile radius of Springfield-Branson Regional Airport and within 3 miles each side of the 020° radial of the Springfield VORTAC extending from the 6.9-mile radius of the airport to 8 miles north of the VORTAC and within 1.8 miles each side of the 324° bearing from the Willard NDB extending from the 6.9-mile radius of the airport to 7 miles northwest of the NDB and within 4 miles each side of the Springfield-Branson ILS localizer south course extending from the 6.9-mile radius of the airport to 14.5 miles south of the airport.

* * * * *

Issued in Kansas City, MO, on January 5, 2004.

Elizabeth S. Wallis,

Acting Manager, Air Traffic Division, Central Region.