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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

CFR Citation: 14 CFR Part 71

Docket ID: [Docket No. FAA-2005-21706; Airspace Docket No. 05-ACE-23]

NOTICE: RULES

DOCUMENT ACTION: Direct final rule; request for comments.

SUBJECT CATEGORY: Modification of Class E Airspace; Washington, MO

DATES: This direct final rule is effective on 0901 UTC, October 27, 2005. Comments for inclusion in the Rules Docket must be received on or before August 19, 2005.

DOCUMENT SUMMARY: This action amends Title 14 Code of Federal Regulations, part 71 (14 CFR part 71) by revising Class E airspace at Washington, MO. A review of the Class E airspace area extending upward from 700 feet above ground level (AGL) at Washington, MO revealed its legal description is not in proper format and it is not in compliance with established airspace criteria. This airspace area is enlarged and modified to conform to FAA Orders. The intended effect of this rule is to provide controlled airspace of appropriate dimensions to protect aircraft departing from and executing standard instrument approach procedures (SIAPs) to Washington Memorial Airport. This rule also amends the Airport Reference Point (ARP) in the legal description to reflect current data.

SUMMARY: Class E airspace,

SUPPLEMENTAL INFORMATION

This amendment to 14 CFR 71 modifies the Class E airspace area extending upward from 700 feet above the surface at Washington, MO. An examination of the Class E airspace area at Washington, MO revealed it does not comply with airspace requirements for recently developed Standard Instrument Approach Procedures (SIAP). Enlargements to this airspace area are necessary in order to comply with airspace requirements set forth in FAA Orders 7400.2E, Procedures for Handling Airspace Matters, and 8260.19C, Flight Procedures and Airspace. The Washington Memorial Airport Airport Reference Point (ARP) is amended to reflect current data and the reference to the Foristell VORTAC is removed. The airspace area is expanded from a 6.3mile to a 6.4mile radius of Washington Memorial Airport and extensions are established within 4 miles each side of the 334[deg] bearing from the airport extending from the 6.4mile radius to 10.8 miles northwest of the airport and within 4 miles each side of the 154[deg] bearing from the airport extending from the 6.4mile radius to 10.6 miles southeast of the airport. These modifications provide controlled airspace of appropriate dimensions to protect aircraft departing from and executing SIAPs to Washington Memorial Airport. 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 7400.9M, Airspace Designations and Reporting Points, dated August 30, 2004, and effective September 16, 2004, 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.
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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 and adverse or negative comment is received with 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 not 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 energyrelated 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. FAA200521706/Airspace Docket No. 05ACE 23.'' 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 23232.

The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation(1) is not a ``significant regulatory action'' under Executive Order 12866; (2) is not a ``significant rule'' under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority since it contains aircraft executing instrument approach procedures to Washington Memorial Airport.

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 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, 40123, 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 7400.9M, dated August 30, 2004, and effective September 16, 2004, 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 Washington, MO
Washington Memorial Airport, MO

(Lat. 38[deg]35'15'' N., long. 90[deg]59'38'' W.)

That airspace extending upward from 700 feet above the surface within a 6.4mile radius of Washington Memorial Airport, and within 4 miles each side of the 334[deg] bearing from the airport extending from the 6.4mile radius to 10.8 miles northwest of the airport, and within 4 miles each side of the 154[deg] bearing from the airport extending from the 6.4mile radius to 10.6 miles southeast of the airport.

* * * * *

Dated: Issued in Kansas City, MO, on July 11, 2005. Elizabeth S. Wallis,
Acting Area Director, Western Flight Services Operations.
[FR Doc. 0514255 Filed 71905; 8:45 am]
BILLING CODE 491023M

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