[Federal Register Volume 63, Number 32 (Wednesday, February 18, 1998)]
[Rules and Regulations]
[Pages 8095-8096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3963]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Airspace Docket No. 98-ACE-2]
Amendment to Class D and Class E Airspace; Cape Girardeau, MO
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule; request for comments.
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SUMMARY: This amendment revises the Class D and Class E airspace areas
at Cape Girardeau Municipal Airport, Cape Girardeau, MO. A review of
the Class E airspace for Cape Girardeau Municipal Airport 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
7400.2D. The area has been enlarged to conform to the criteria of FAA
Order 7400.2D. The current airspace description in FAA Order 7400.9E
indicates part-time operation for the Class E airspace area. The actual
hours of operation for the Class E airspace area are continuous. A
minor revision to the Airport Reference Point (ARP) coordinates is
included in this document. The intended effect of this rule is to
revise the ARP coordinates, indicate the Class E airspace area is in
effect continuously, comply with the criteria of FAA Order 7400.2D, and
to provide additional controlled Class E airspace for aircraft
operating under Instrument Flight Rules (IFR).
DATES: Effective date: 0901 UTC, June 18, 1998.
Comment date: Comments for inclusion in the Rules Docket must be
received on or before March 20, 1998.
ADDRESSES: Send comments regarding the rule in triplicate to: Manager,
Airspace Branch, Air Traffic Division, ACE-520, Federal Aviation
Administration, Docket Number 98-ACE-2, 601 East 12th Street, Kansas
City, MO 64106.
The official docket may be examined in the Office of the Regional
Counsel for the Central Region at the same address between 9:00 a.m.
and 3:00 p.m., Monday through Friday, except Federal holidays
An informal docket may also be examined during normal business
hours in the Air Traffic Division at the same address listed above.
FOR FURTHER INFORMATION CONTACT:
Kathy Randolph, Air Traffic Division, Airspace Branch, ACE-520C,
Federal Aviation Administration, 601 East 12th Street, Kansas City, MO
64106; telephone: (816) 426-3408.
SUPPLEMENTARY INFORMATION: This amendment to 14 CFR part 71 revises the
Class D and Class E airspace at Cape Girardeau, MO. A review of the
Class E airspace for Cape Girardeau Municipal Airport, indicates it
does not meet the criteria for 700 feet AGL airspace required for
diverse departures as specified in FAA Order 7400.2D. The criteria in
FAA Order 7400.2D 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 ARP to the end of the outermost runway. Any fractional part of a
mile is converted to the next higher tenth of a mile. The airspace
description of Class E airspace area at Cape Girardeau Municipal
Airport is revised to indicate full-time status by removing the
statement which indicates part-time status. The Class E surface
airspace area is in effect continuously. The Class D and Class E areas
are amended to indicate the new ARP coordinates. The amendment at Cape
Girardeau Municipal Airport will meet the criteria of FAA Order
7400.2D, indicate the Class E airspace area status is continuous,
revise the ARP coordinates, provide additional controlled airspace at
and above 700 feet AGL, and thereby facilitate separation of aircraft
operating under Instrument Flight Rules. The areas will be depicted on
appropriate aeronautical charts. Class D airspace areas designated for
an airport containing at least one primary airport around which the
airspace is designated are published in paragraph 5000; Class E
airspace areas designated as a surface area for an airport are
published in paragraph 6002; Class E airspace areas designated as an
extension to a Class D or Class E surface area are published in
paragraph 6004; and 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 7400.9E, dated September 10, 1997, and effective
September 16, 1997, which is incorporated by reference in 14 CFR 71.1.
The Class D and 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. The amendment will
enhance safety for all flight operations by designating an area where
VFR pilots may anticipate the presence of IFR aircraft at lower
altitudes, especially during inclement weather conditions. A greater
degree of safety is achieved by depicting the area on aeronautical
charts. 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
[[Page 8096]]
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
Although this action is in the form of a final rule and was not
preceded by a notice of proposed rulemaking, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications should identify the Rules Docket number and be submitted
in triplicate to the address specified under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended or withdrawn in light of
the comments received. Factual information that supports the
commenter's ideas and suggestions is extremely helpful in evaluating
the effectiveness of this action and determining whether additional
rulemaking action would be needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy-related aspects of the rule that
might suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
action will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket No. 98-ACE-2''. The postcard will be date stamped and
returned to the commenter.
Agency Findings
The regulations adopted herein will not have substantial direct
effects 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, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
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.
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.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9E, Airspace Designations and
Reporting Points, dated September 10, 1997, and effective September 16,
1997, is amended as follows:
Paragraph 5000 Class D airspace.
* * * * *
ACE MO D Cape Girardeau, MO [Revised]
Cape Girardeau Municipal Airport, MO
(Lat. 37 deg.13'31'' N., long. 89 deg.34'15'' W.)
That airspace extending upward from the surface to and including
2,800 feet MSL within a 4.1-mile radius of the Cape Girardeau
Municipal Airport. This Class D airspace area is effective during
the specific dates and times established in advance by a Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Airport/Facility Directory.
* * * * *
Paragraph 6002 Class E airspace areas designated as a surface
areaa for an airport.
* * * * *
ACE MO E2 Cape Girardeau, MO [Revised]
Cape Girardeau Municipal Airport, MO
(Lat. 37 deg.13'31''N., long. 89 deg.34'15''W.)
Within a 4.1-mile radius of the Cape Girardeau Municipal
Airport.
* * * * *
Paragraph 6004 Class E airspace areas designated as an extension
to a Class D or Class E surface area.
* * * * *
ACE MO E4 Cape Girardeau, MO [Revised]
Cape Girardeau Municipal Airport, MO
(Lat. 37 deg.13'31''N., long. 89 deg.34'15''W.)
Cape Girardeau VOR/DME
(Lat. 37 deg.13'39''N., long. 89 deg.34'21''W.)
That airspace extending upward from the surface within 2.6 miles
each side of the 108 deg. radial of the Cape Girardeau VOR/DME
extending from the 4.1-mile radius of Cape Girardeau Municipal
Airport to 4.4 miles east of the VOR/DME and within 2.2 miles each
side of the 194 deg. radial of the Cape Girardeau VOR/DME extending
from the 4.1-mile radius of the airport to 5.7 miles south of the
VOR/DME and within 2.6 miles each side of the 279 deg. radial of the
Cape Girardeau VOR/DME extending from the 4.1-mile radius of the
Airport to 7.4 miles west of the VOR/DME.
* * * * *
Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *
ACE MO E5 Cape Girardeau, MO [Revised]
Cape Girardeau Municipal Airport, MO
(Lat. 37 deg.13'31''N., long. 89 deg.34'15''W.)
Cape Girardeau VOR/DME
(Lat. 37 deg.13'39''N., long. 89 deg.34'21''W.)
That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of Cape Girardeau Municipal Airport and
within 2.5 miles each side of the 108 deg. radial of the Cape
Girardeau VOR/DME extending from the 6.6-mile radius to 8.7 miles
east of the VOR/DME and within 3 miles each side of the 194 deg.
radial of the Cape Girardeau VOR/DME extending from the 6.6-mile
radius to 10 miles south of the VOR/DME and within 3 miles each side
of the 279 deg. radial of the Cape Girardeau VOR/DME extending from
the 6.6-mile radius to 8.7 miles west of the VOR/DME.
* * * * *
Issued in Kansas City, MO, on January 9, 1998.
Christopher R. Blum,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 98-3963 Filed 2-17-98; 8:45 am]
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