[Federal Register Volume 68, Number 12 (Friday, January 17, 2003)]
[Proposed Rules]
[Pages 2461-2462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1130]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2002-14047; Airspace Docket No. 02-AGL-20]


Proposed Establishment of Class E Airspace; Berrien Springs, MI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes to establish Class E airspace at 
Berrien Springs, MI. A Standard Instrument Approach Procedure (SIAP) 
has been developed for Andrews University Airpark, Berrien Springs, MI. 
Controlled airspace extending upward from 700 feet or more above the 
surface of the earth is needed to contain aircraft executing this 
approach. This action would establish a radius of controlled airspace 
for Andrews University Airpark.

DATES: Comments must be received on or before March 14, 2003.

ADDRESSES: Send comments on the 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-2002-14047/Airspace Docket No. 02-AGL-20, 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.
    An informal docket may also be examined during normal business 
hours at the office of the Regional Air Traffic Division, Federal 
Aviation Administration, 2300 East Devon Avenue, Des Plaines, Illinois 
60018.

FOR FURTHER INFORMATION CONTACT: Denis C. Burke, Air Traffic Division, 
Airspace Branch, AGL-520, Federal Aviation Administration, 2300 East 
Devon Avenue, Des Plaines, Illinois 60018, telephone (847) 294-7568.

SUPPLEMENTARY INFORMATION: 

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 document must submit with 
those comments a self-addressed, stamped postcard on which the 
following statement is made: ``Comments to Docket No. FAA-2002-14047/
Airspace Docket No. 02-AGL-20.'' The postcard will be date/time stamped 
and returned to the commenter. All communications received on or before 
the specified closing date for comments will be considered before 
taking action on the proposed rule. The proposal contained in this 
action may be changed in light of comments received. All comments 
submitted will be available for examination in the Rules Docket, FAA, 
Great Lakes Region, Office of the Regional Counsel, 2300 East Devon 
Avenue, Des Plaines, Illinois, both before and after the closing date 
for comments. A report summarizing each substantive public contact with 
FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRM's

    An electronic copy of this document may be downloaded through the 
Internet at http://dms.dot.gov. Recently published rulemaking documents 
can also be accessed through the FAA's Web page at http://www.faa.gov 
or the Superintendent of Document's Web page at http://www.access.gpo.gov/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 (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

    The FAA is considering an amendment to 14 CFR part 71 to establish 
Class E airspace at Berrien Springs, MI, for Andrews University 
Airpark. Controlled airspace extending upward from 700 feet or more 
above the surface of the earth is needed to contain aircraft executing 
instrument approach procedures. The area would 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

[[Page 2462]]

September 16, 2002, which is incorporated by reference in 14 CFR 71.1. 
The Class E designations listed in this document would be published 
subsequently in the Order.
    The FAA has determined that this proposed regulation only involves 
an establishment body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
Therefore this, proposed 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 proposed rule will not 
have a significant economic impact 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).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal 
Aviation Administration proposes to amend 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 the Federal 
Aviation Administration Order 7400.9K, Airspace Designations and 
Reporting Points, 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.

* * * * *

AGL MI E5 Berien Springs, MI [New]

Berrien Springs, Andrews University Airpark, MI
    (Lat. 41[deg]57'06'' N., long. 86[deg]22'04'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 8.1-mile radius of Andrews University Airpark, excluding 
that airspace within the South Bend, IN, Benton Harbor, MI, and 
Dowagiac, MI, Class E airspace areas.
* * * * *

    Issued in Des Plaines, Illinois on January 3, 2003.
Nancy B. Shelton,
Manager, Air Traffic Division, Great Lakes Region.
[FR Doc. 03-1130 Filed 1-16-03; 8:45 am]
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