[Federal Register Volume 68, Number 3 (Monday, January 6, 2003)]
[Rules and Regulations]
[Pages 490-491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-61]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2002-14089; Airspace Docket No. 02-ACE-13]


Modification of Class E Airspace; Caruthersville, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This action modifies the Class E airspace at Carthersville, 
MO. The FAA has developed Area Navigation (RNAV) Global Positioning 
System (GPS) Runway (RWY) 36 ORIGINAL Standard Instrument Approach 
procedure (SIAP), RNAV (GPS) RWY 18 ORIGINAL SIAP and VHF Omni-
directional Range (VOR)/Distance Measuring Equipment (DME) RWY 18 
ORIGINAL SIAP to serve Caruthersville Memorial Airport, Caruthersville, 
MO. Current Class E airspace at Caruthersville, MO was designed to 
contain these SIAPs. A recent survey has established a new Airport 
Reference Point (ARP) for Caruthersville Memorial Airport. This 
requires that controlled airspace extending upward from 700 feet Above 
Ground Level (AGL) at Caruthersville, MO be redefined in order to 
accommodate the SIAPs.
    The intended effect of this rule is to provide controlled Class E 
airspace for aircraft executing the SIAPs and to aggregate aircraft 
using instrument approach procedures in instrument conditions from 
aircraft operating in visual conditions.

DATES: This direct final rule is effective on 0901 UTC, April 17, 2003.
    Comments for inclusion in the Rules Docket must received on or 
before February 28, 2003.

ADDRESSES: Send comments on this proposal to the Docket Management 
System, U.S. Departmental of Transportation, Room Plaza 401, 400 
Seventh Street, SW., Washington, DC 20590-0001. You must identify the 
docket number FAA-2002-14089/Airspace Docket No. 02-ACE-13, 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 9:00 a.m. and 5:00 
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: 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 has RNAV (GPS) RWY 36 ORIGINAL SIAP, 
RNAV (GPS) RWY 18 ORIGINAL SIAP and VOR/DME RWY 18 ORIGINAL SIAP to 
serve Caruthersville Memorial Airport, Caruthersville, MO. The 
amendment to Class E airspace at Caruthersville, MO will provide 
controlled airspace at and above 700 feet AGL to contain the new SIAPs 
within controlled airspace, and thereby facilitate separation of 
aircraft operating under Instrument Flight Rules (IFR). 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 7400.9K, dated August 30, 
2002, and effective September 16, 2002, 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 designation 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 below. 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 will 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 basic 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 submit with those comments a self-
addressed, stamped postcard on which the following statement is made: 
``Comments to Docket No. FAA-2002-14089/Airspace

[[Page 491]]

Docket No. 02-ACE-13'' 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 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:

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.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal 
Aviation Administration Order 7400.9K, dated August 30, 2002, and 
effective September 16, 2002, 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 Caruthersville, MO,

Caruthersville Memorial Airport, MO
    (Lat. 36[deg]10'09'' N., long. 89[deg]40'35'' W.)
    That airspace extending upward from 700 feet above the surface 
within a 6.4-mile radius of Caruthersville Memorial Airport.
* * * * *


    Issued in Kansas City, MO, on December 20, 2002.
Herman J. Lyons, Jr.,
Manager, Air Traffic Division, Central Region.
[FR Doc. 03-61 Filed 1-3-03; 8:45 am]
BILLING CODE 4910-13-M