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Proposed Rule

Proposed Establishment of Class E2 Airspace; and Modification of Class E5 Airspace; Muscatine, IA

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Federal Aviation Administration (FAA), DOT.


Notice of proposed rulemaking.


This notice proposes to create a Class E surface area at Muscatine, IA. It also proposes to modify the Class E5 airspace at Muscatine, IA.


Comments for inclusion in the Rules Docket must be received on or before March 30, 2004.


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-2002-16985/Airspace Docket No. 04-ACE-3, at the beginning of your comments. You may also submit comments on the internet at 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.

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Kathy Randolph, Air Traffic Division, Airspace Branch, ACE-520C, DOT Regional Headquarters Building, Federal Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: (816) 329-2525.

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Comments Invited

Interested parties are invited to participate in this proposed 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-2004-16985/Airspace Docket No. 04-ACE-3.” The postcard will be date/time stamped and returned to the commenter.

Availability of NPRM's

An electronic copy of this document may be downloaded through the Internet at Recently published remaking documents can also be accessed through the FAA's web page at or the Superintendent of Document's web page at​nara.

Additionally, any person may obtain a copy of this notice by submitting a request to the Federal Aviation Administration, Office of Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW., Washington, DC 20591, or by calling Start Printed Page 8583(202) 267-8783. Communications must identify both docket numbers for this notice. Persons interested in being placed on a mailing list for future NPRM's should contact the FAA's Office of Rulemaking (202) 267-9677, to request a copy of Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure.

The Proposal

This notice proposes to amend Part 71 of the Federal Aviation Regulations (14 CFR part 71) to establish Class E airspace designated as a surface area for an airport at Muscatine, IA. An Instrument Landing System (ILS) or Localizer (LOC)/Distance Measuring Equipment (DME) Standard Instrument Approach Procedure (SIAP) has been developed to serve the Muscatine Municipal Airport. Controlled airspace extending upward from the surface is needed to contain aircraft executing the instrument approach procedure. Weather observations would be provided by an Automatic Weather Observing/Reporting System (AWOS) and communications would be direct with Quad City Approach Control for those times when the airspace area is in effect.

This notice also proposes to revise the Class E airspace area extending upward from 700 feet above the surface at Muscatine, IA by expanding the airspace area from a 6.5-mile radius to a 6.6-mile radius of Muscatine Municipal Airport, correcting discrepancies in the identification of Port City Very High Frequency Omni-directional Range (VOR)/Distance Measuring Equipment (DME) radials used to describe the airspace area extensions, defining the extensions as they relate to Port City VOR/DME and bringing the legal description of the Muscatine, IA Class E airspace area into compliance with FAA Orders 7400.2E, Procedures for Handling Airspace Matters, and 8260.19C, Flight Procedures and Airspace. Terminal Airspace Data Requirements developed along with the ILS or LOC/DME SIAP necessitate an increase in 700 feet Above Ground Level (AGL) controlled airspace required for diverse departures. The criteria for 700 feet AGL airspace required for diverse departures specified in FAA Order 7400.2E are based on a standard climb gradient of 200 feet per mile plus the distance from the airport reference point to the end of the outermost runway. Any fractional part of a mile is converted to the next higher tenth of a mile. A review of controlled airspace at Muscatine, IA also revealed non-compliance with FAA Order 8260.19C. The Class E airspace area extensions should be defined in relation to Port City VOR/DME. The areas would be depicted on appropriate aeronautical charts.

Class E airspace areas designated as surface areas are published in Paragraph 6002 of FAA Order 7400.9L, dated September 2, 2003, and effective September 16, 2003, 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 would be published subsequently in the Order.

The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore, (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.

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List of Subjects in 14 CFR Part 71

  • Airspace
  • Incorporation by reference
  • Navigation (Air)
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The Proposed Amendment

In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows:

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1. The authority citation for part 71 continues to read as follows:

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Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

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2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9L, Airspace Designations and Reporting Points, dated September 2, 2003, and effective September 16, 2003, is amended as follows:

Paragraph 6002 Class E Airspace Designated as Surface Areas.

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ACE IA E2 Muscatine, IA

Muscatine Municipal Airport, IA

(lat. 41° 22′04″ N., long. 91° 08′54″ W.)

Within a 3.9-mile radius of Muscatine Municipal Airport. This Class E airspace area is effective during specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory.

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

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ACE IA E5 Muscatine, IA

Muscatine Municipal Airport, IA

(lat. 41° 22′04″ N., long. 91° 08′54″ W.)

Port City VOR/DME

(lat. 41° 21′59″ N., long. 91° 08′57″ W.)

That airspace extending upward from 700 feet above the surface within a 6.6-mile radius of Muscatine Municipal Airport and within 2.6 miles each side of the 063° radial of the Port City VOR/DME extending from the 6.6-mile radius of the airport to 7 miles northeast of the VOR/DME and within 2.6 miles each side of the 233° radial of the VOR/DME extending from the 6.6-mile radius of the airport to 7 miles southwest of the VOR/DME.

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Issued in Kansas City, MO, on February 9, 2004.

Paul J. Sheridan,

Acting Manager, Air Traffic Division, Central Region.

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[FR Doc. 04-4184 Filed 2-24-04; 8:45 am]