04-5686. Modification of Class E Airspace; Cedar Rapids, IA

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 part 71) by revising Class E airspace areas at Cedar Rapids, IA. On February 2, 2004, The Eastern Iowa Airport airport reference point (ARP) was redefined. This action modifies the Cedar Rapids, IA Class E airspace areas by incorporating the revised ARP. A review of these airspace areas revealed that the Cedar Rapids Class E airspace area extending upward from 700 feet Above Ground Level (AGL) does not comply with FAA Orders.

The intended effect of this rule is to provide appropriate controlled Class E airspace for aircraft operating under Instrument Flight Rules (IFR) at Cedar Rapids, IA and to bring the areas into compliance with FAA Orders.

DATES:

This direct final rule is effective on 0901 UTC, June 10, 2004. Comments for inclusion in the Rules Docket must be received on or before April 14, 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-200417144/Airspace Docket No. 04-ACE-10, 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:

Kathy Randolph, Air Traffic Division, Airspace Branch, ACE-520C, DOT Regional Headquarters Building, Federal Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: [phone].

SUPPLEMENTARY INFORMATION:

The Eastern Iowa Airport ARP has been redefined. This amendment to 14 CFR part 71 modifies the legal description of the Class E airspace designated as a surface area at Cedar Rapids, IA by incorporating the revised ARP. This amendment also modifies the cedar Rapids, IA Class E airspace area extending upward from 700 feet above the surface and its legal description. The revised ARP is incorporated, the radius of the airspace about The Eastern Iowa Airport is decreased from a 7.4-mile radius to a 6.9-mile radius, the extension to this airspace area is enlarged from 3 miles each side of the 271° bearing from CINDY LOM to 4 miles north and 8 miles south of the bearing and the length of the extension is defined in relation to the LOM. This action brings the legal descriptions of both Cedar Rapids, IA Class E airspace areas 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 designated as surface areas are published in Paragraph 6002 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 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 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 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-2004-17144/Airspace Docket No. 04-ACE-10.” 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 certify that this regulation (1) 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 6002 Class E Airspace Designated as Surface Areas.

* * * * *

ACE IA E2 Cedar Rapids, IA

Cedar Rapids, The Eastern Iowa Airport, IA

(Lat. 41°53′05″ N., long. 91°42′39″ W.)

Within a 4.4-mile radius of The Eastern Iowa Airport. This Class E airspace area is effective during 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 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth.

* * * * *

ACE IA E5 Cedar Rapids, IA

Cedar Rapids, The Eastern Iowa Airport, IA

(Lat. 41°53′05″ N., long. 91°42′39″ W.)

CINDY LOM

(Lat. 41°53′08″ N., long. 91°48′09″ W.)

That airspace extending upward from 700 feet above the surface within a 6.9-mile radius of The Eastern Iowa Airport and within 4 miles north and 8 miles south of the 271° bearing from the CINDY LOM extending from the 6.9-mile radius of the airport to 16 miles west of the LOM.

* * * * *

Issued in Kansas City, MO, on March 1, 2004.

David W. Hope,

Acting Manager, Air Traffic Division, Central Region.