

[Federal Register: August 10, 2007 (Volume 72, Number 154)]
[Rules and Regulations]               
[Page 44954-44955]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10au07-3]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2007-28771; Airspace Docket No. 07-ACE-8]

 
Modification of Class E Airspace; Fort Scott, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action amends Title 14 Code of Federal Regulations, part 
71 (14 CFR 71) by modifying Class E airspace at Fort Scott Municipal 
Airport, KS. Standard Instrument Approach Procedures have been 
developed for Fort Scott Municipal Airport, KS. Additional controlled 
airspace extending upward from the surface and upward from 700 feet 
above the surface of the earth is needed to contain aircraft executing 
these approaches. This action increases the area of the existing 
controlled airspace for Fort Scott Municipal Airport, KS.

DATES: This direct final rule is effective on 0901 UTC, December 20, 
2007. The director of the Federal Register approves this incorporation 
by reference action under 1 CFR part 51, subject to the annual revision 
of FAA Order 7400.9 and publication of conforming amendments. Comments 
for inclusion in the Rules Docket must be received on or before October 
1, 2007.

ADDRESSES: Send comments on this proposal to the Docket Management 
System, U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590. You must identify the docket number FAA-2007-
28771/Airspace Docket No. 07-ACE-8 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 1-800-647-5527) is on the plaza 
level of the Department of Transportation NASSIF building at the above 
address.

FOR FURTHER INFORMATION CONTACT: Grant Nichols, System Support, DOT 
Regional Headquarters Building, Federal Aviation Administration, 901 
Locust, Kansas City, MO, 64106; at telephone number (816) 329-2522.

SUPPLEMENTARY INFORMATION: This amendment to 14 CFR 71 modifies the 
Class E airspace area at Fort Scott Municipal Airport, KS. The radius 
of the Class E airspace area extending upward from 700 feet or more 
above the surface of the earth is expanded from within a 6.4-mile 
radius to within a 7-mile radius of the airport. This modification 
brings the legal description of the Fort Scott Municipal Airport, KS 
Class E5 airspace area into compliance with FAA Orders 7400.2F and 
8260.19C. 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 7400.9P, Airspace Designations and Reporting Points, dated 
September 1, 2006, and effective September 15, 2006, which is 
incorporated by reference in 14 CFR 71.1. of the same order. The Class 
E airspace designations listed in this document would 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

[[Page 44955]]

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. Commenter's 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-2006-28771/Airspace Docket No. 07-ACE-8.'' 
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 non-controversial 
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.
    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 
Fort Scott Municipal Airport, KS.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
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; ROUTES; AND REPORTING POINTS

0
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]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation 
Administration Order 7400.9P, dated September 1, 2006, and effective 
September 15, 2006, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700 feet 
or more above the surface of the earth.
* * * * *

ACE KS E5 Fort Scott, KS [Amended]

Fort Scott Municipal Airport, KS
    (Lat. 37[deg]47'54'' N., long. 94[deg]46'10'' W.)
Fort Scott NDB
    (Lat. 37[deg]47'40'' N., long. 94[deg]45'55'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 7.0-mile radius of Fort Scott Municipal Airport and within 
2.6 miles each side of the 350[deg] bearing from Fort Scott NDB 
extending from the 7.0-mile radius of the airport to 7 miles north 
of the NDB.
* * * * *

    Issued in Fort Worth, TX, on July 31, 2007.
Donald R. Smith,
Manager, System Support Group, ATO Central Service Area.
[FR Doc. 07-3882 Filed 8-9-07; 8:45 am]

BILLING CODE 4910-13-M
