03-13046. Modification of Class E Airspace; Kaiser, MO

AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Direct final rule; request for comments.

SUMMARY:

This action modifies Class E airspace at Kaiser, MO. It corrects discrepancies in airport reference points and in airport names that are used in the legal description of the Class E airspace area and it modifies the title of the airspace area from Kaiser, MO to Kaiser/Lake Ozark, MO. This action incorporates the data in the Class E airspace legal description and brings the airspace area into compliance with FAA Order 7400.2E, Procedures for Handling Airspace Matters.

DATES:

This direct final rule is effective on 0901 UTC, September 4, 2003. Comments for inclusion in the Rules Docket must be received on or before June 25, 2003.

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-2003-15076/Airspace Docket No. 03-ACE-44, 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 Regional Headquarters Building, Federal Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: [phone].

SUPPLEMENTARY INFORMATION:

This amendment to 14 CFR part 71 modifies the Class E airspace area extending upward from 700 feet above the surface at Kaiser, MO. The National Aeronautical Charting Office (NACO) revised the Camdenton Memorial Airport airport reference point effective February 20, 2003. The Kaiser, MO Class E airspace area is defined, in part, by the Camdenton Memorial Airport airport reference point. This same data is also used in the legal description for the airspace area. An examination of controlled airspace for Kaiser, MO revealed additional discrepancies in the Kaiser, MO Class E airspace area. Two other airports, also used in the legal description for the airspace area, were not named correctly in the legal description and their location incorrectly identified. this amendment incorporates the revised Camdenton Memorial Airport airport reference point. It modifies the name of the airport at Osage Beach, MO from “Linn Creek-Grand Glaize Memorial Airport” to “Grand Glaize-Osage Beach Airport” and corrects an error in the airport reference point. This amendment also modifies the name of the airport at Kaiser, MO from “Lee E. Fine Memorial Airport” to “Lee C. Fine Memorial Airport” and identifies the location as Kaiser/Lake Ozark, MO. Finally, this action modifies the title of the Kaiser, MO Class E airspace area to become the Kaiser/Lake Ozark, MO Class E airspace area. These changes bring the legal description of the Class E airspace area into compliance with FAA Order 7400.2E, Procedures for Handling Airspace Matters. 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 7400.9K, dated August 30, 2002, and effective September 16, 2002, 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 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-2003-15076/Airspace Docket No. 03-ACE-44.” 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 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 7400.9K, dated August 30, 2002, and effective September 16, 2002, 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 Kaiser/Lake Ozark, MO

Kaiser/Lake Ozark, Lee C. Fine Memorial Airport, MO

(Lat. 38°05′46″ N., long. 92°32′58″ W.)

Camdenton Memorial Airport, MO

(Lat. 37°58′26″ N., long. 92°41′28″ W.)

Osage Beach, Grand Glaize-Osage Beach Airport, MO

(Lat. 38°06′38″ N., long. 92°40′50″ W.)

Kaiser NDB

(Lat. 38°05′48″ N., long. 92°33′11″ W.)

That airspace extending upward from 700 feet above the surface within the 6.5-mile radius of Lee C. Fine Memorial Airport and within 2.6 miles each side of the 045° bearing from the Kaiser NDB extending from the 6.5-mile radius of the Lee C. Fine Memorial Airport to 7.8 miles northeast of the airport and within a 6.3-mile radius of Camdenton Memorial Airport and within a 6.3-mile radius of Grand Glaize-Osage Beach Airport.

* * * * *

Issued in Kansas City, MO, on May 13, 2003.

Herman J. Lyons, Jr.,

Manager, Air Traffic Division, Central Region.