Rules and Regulations. Direct final rule; confirmation of effective date; correction

Agency: Federal Aviation Administration (FAA), DOT
Action: Direct final rule; confirmation of effective date; correction
Citation: FR Doc. 05-10369 · Docket No. FAA-2005-20065; Airspace Docket No. 05-ACE-7 · 14 CFR 71

Summary

This action withdraws the Direct final rule, confirmation of effective date of a rule that was published in the Federal Register on Thursday, May 5, 2005 (70 FR 23790). The action was inadvertently published as a Direct final rule, confirmation of effective date when it should have been published as a final rule. It is replaced with a final rule. This rule establishes a Class E surface area at Monett, MO. It also modifies the Class E airspace area extending upward from 700 feet above the surface at Monett, MO. The effect of this rule is to provide appropriate controlled Class E airspace for aircraft departing from and executing instrument approach procedures to Monett Municipal Airport and to segregate aircraft using instrument approach procedures in instrument conditions from aircraft operating in visual conditions.

Dates

Effective Date: 0901 UTC, July 7, 2005.

Supplementary Information

History On Thursday, March 7, 2005, the FAA proposed to amend 14 CFR part 71 to establish a Class E surface area and to modify other Class E airspace at Monett, MO (70 FR 10917). The proposal was to establish a Class E surface area at Monett, MO. It was also to modify the Class E5 airspace area to bring it into compliance with FAA directives. Interested parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA. No comments objecting to the proposal were received. The Rule This amendment to Part 71 of the Federal Aviation Regulations (14 CFR Part 71) establishes Class E airspace designated as a surface area for an airport at Monett, MO. Controlled airspace extending upward from the surface of the earth is needed to contain aircraft executing instrument approach procedures to Monett Municipal Airport. Weather observations will be provided by an Automatic Weather Observing/Reporting System (AWOS) and communications will be direct with Springfield Terminal Radar Approach Control Facility. This rule also revises the Class E airspace area extending upward from 700 feet above the surface at Monett, MO. An examination of this Class E airspace area for Monett, MO revealed noncompliance with FAA directives. This corrects identified discrepancies by increasing the area from a 6.5-mile to a 7.5-mile radius of Monett Municipal Airport, eliminating the extension to the airspace area, correcting errors in the Monett Municipal Airport airport reference point and defining airspace of appropriate dimensions to protect aircraft departing and executing instrument approach procedures to Monett Municipal Airport. The airspace area is brought into compliance with FAA directives. Both areas will be depicted on appropriate aeronautical charts. Class E airspace areas designated as surface areas are published in Paragraph 6002 of FAA Order 7400.9M, Airspace Designations and Reporting Points, dated August 30, 2004, and effective September 16, 2004, which is incorporated by reference in 14 CFR 71.1. 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 FAA has determined that this regulation only involves as 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 Monett Municipal Airport. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (Air). Adoption of the Amendment In consideration of the foregoing, 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 7400.9M, dated August 30, 2004, and effective September 16, 2004, is amended as follows: Paragraph 6002 Class E Airspace Designated as Surface Areas. ACE MO E2 Monett, MO Monett Municipal Airport, MO (Lat. 36°54′22″ N., long. 94°00′46″ W.) Within a 4.5-mile radius of Monett Municipal Airport. Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth. ACE MO E5 Monett, MO Monett Municipal Airport, MO (Lat. 36°54′22″ N., long. 94°00′46″ W.) That airspace extending upward from 700 feet above the surface within a 7.5-mile radius of Monett Municipal Airport. Issued in Kansas City, MO, on May 12, 2005. Elizabeth S. Wallis, Acting Area Director, Western Flight Services Operations. [FR Doc. 05-10369; Filed 05-24-05; 8:45 am] BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2005-20575; Airspace Docket No. 05-ACE-12] Modification of Class E Airspace; Washington, KS AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule; confirmation of effective date. SUMMARY: This document confirms the effective date of the direct final rule which revises Class E airspace at Washington, KS. DATES: Effective Date: 0901 UTC, July 7, 2005. 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: (816) 329-2524. SUPPLEMENTARY INFORMATION: The FAA published this direct final rule with a request for comments in the Federal Register on April 11, 2005 (70 FR 18296). The FAA uses the direct final rulemaking procedure for a non-controversial rule where the FAA believes that there will be no adverse public comment. This direct final rule advised the public that no adverse comments were anticipated, and that unless a written adverse comment, or a written notice of intent to submit such an adverse comment, were received within the comment period, the regulation would become effective on July 7, 2005. No adverse comments were received, and thus this notice confirms that this direct final rule will become effective on that date. Issued in Kansas City, MO, on May 12, 2005. Elizabeth S. Wallis, Acting Area Director, Western Flight Services Operations. [FR Doc. 05-10368 Filed 5-24-05; 8:45 am]