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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

CFR Citation: 14 CFR Part 71

DOCUMENT ID: [Airspace Docket No. 00-ACE-30]

NOTICE: RULES

ACTION: Air carrier certification and operations:

DOCUMENT ACTION: Direct final rule; request for comments

SUBJECT CATEGORY: Amendments to Class E Airspace; Moberly, MO

DATES: Effective date: 0901 UTC, January 25, 2001.

Comments for inclusion in the Rules Docket must be received on or before November 29, 2000.

DOCUMENT SUMMARY: This action amends Class E airspace area at Omar N. Bradley Airport, Moberly, MO. A review of the Class E airspace area for Omar N. Bradley 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
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Class E airspace has been enlarged to conform to the criteria of FAA Order 7400.2D.

In addition, the Nondirectional Radio Beacon (NDB) Standard Instrument Approach Procedures (SIAPs) have been cancelled, therefore the extensions to the southeast and northwest can be eliminated.

The intended effect of this rule is to provide additional controlled Class E airspace for aircraft operating under Instrument Flight Rules (IFR), eliminate the extensions to the southeast and northwest and comply with the criteria of FAA Order 7400.2D.

SUMMARY: Class E airspace,

SUPPLEMENTAL INFORMATION

This amendment to 14 CFR 71 revises the Class E airspace at Moberly, MO. A review of the Class E aispace for Omar N. Bradley Airport, MO, 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 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. The amendment at Omar N. Bradley Airport, MO, will provide additional controlled airspace for aircraft operating under IFR, eliminate the extensions to the southeast and northwest and comply with the criteria of FAA Order 7400.2D. The 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 7400.9H, dated September 1, 2000, and effective September 16, 2000, 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. 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 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.

Comment 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 energyrelated 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 FAApublic contact concerned with the substance of this action will be filed in the Rules Docket.

Commenters wishing the FAA to acknowledge their 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. 00ACE30.'' The postcard will be date 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:
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PART 71DESIGNATION 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, 19591963 Comp., p. 389.

Sec. 71.1 [Amended]

2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9H, Airspace Designations and Reporting Points, dated September 1, 2000, and effective September 16, 2000, is amended as follows:
Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth.
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ACE MO E5 Moberly, MO [Revised]
Moberly, Omar N. Bradley Airport, MO

(Lat 39 deg.27'50" N., long. 92 deg.25'40" W.)

That airspace extending upward from 700 feet above the surface within a 6.5mile radius of Omar N. Bradley Airport.

* * * * *

Issued in Kansas City, MO, on September 20, 2000. Herman J. Lyons, Jr.,
Manager, Air Traffic Division, Central Region.
[FR Doc. 0024932 Filed 92800; 8:45 am] BILLING CODE 491013M

FOR FURTHER INFORMATION CONTACT Brenda Mumper, Air Traffic Division, Operations and Airspace Branch, ACE520A, DOT Regional Headquarters Building, Federal Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: (816) 3292524.