[Federal Register Volume 68, Number 43 (Wednesday, March 5, 2003)]
[Rules and Regulations]
[Pages 10367-10369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5132]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2003-14463; Airspace Docket No. 03-ACE-16]


Modification of Class D Airspace; and Modification of Class E; 
Dubuque, IA

AGENCY: Federal Aviation Administration (FAA), DOT.

[[Page 10368]]


ACTION: Direct final rule; request for comments.

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SUMMARY: This action modifies Class D and Class E airspace at Dubuque, 
IA. An examination of controlled airspace for Dubuque, IA revealed 
discrepancies in the Dubuque Regional Airport, IA, airport reference 
point used in the legal descriptions for the Dubuque, IA Class D and 
Class E airspace areas. This action corrects the discrepancies by 
modifying the Dubuque, IA Class D, Class E4 and Class E5 airspace 
areas. It also incorporates the revised Dubuque Regional Airport, IA 
airport reference point in the Class D, Class E4 and Class E5 airspace 
legal descriptions.

DATES: This direct final rule is effective on 0901 UTC, July 10, 2003.
    Comments for inclusion in the Rules Docket must be received on or 
before May 1, 2003.

ADDRESSES: 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-2003-14463/Airspace Docket No. 03-ACE-16, 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: 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.

SUPPLEMENTARY INFORMATION: This amendment to 14 CFR 71 modifies the 
Class D airspace, the Class E airspace designated as an extension to a 
Class D or Class E surface area and the Class E airspace area extending 
upward from 700 feet or more above the surface of the earth at Dubuque, 
IA. An examination of controlled airspace for Dubuque, IA revealed 
discrepancies in the Dubuque Regional Airport, IA airport reference 
point used in the legal descriptions for these airspace areas. This 
amendment incorporates the revised Dubuque Regional Airport, IA airport 
reference point and brings the legal descriptions of these airspace 
areas into compliance with FAA Order 7400.2E, Procedures for Handling 
Airspace Matters. The areas will be depicted on appropriate 
aeronautical charts. Class D airspace areas are published in Paragraph 
5000 of FAA Order 7400.9K, dated August 30, 2002, and effective 
September 16, 2002, which is incorporated by reference in 14 CFR 71.1. 
Class E airspace designated as an extension to a Class D or Class E 
surface area and Class E airspace areas extending upward from 700 feet 
or more above the surface of the earth are published in paragraphs 6004 
and 6005, respectively, of the same FAA Order. The Class E airspace 
designations 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. 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 
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. 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-2003-14463/Airspace Docket No. 03-ACE-
16.'' 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 5000 Class D Airspace.

* * * * *

ACE IA D Dubuque, IA

Dubuque Regional Airport, IA
    (Lat. 42[deg]24'07''N., long. 90[deg]42'34''W.)


[[Page 10369]]


    That airspace extending upward from the surface to and including 
3,600 feet MSL within a 4.2-mile radius of Dubuque Regional Airport. 
This Class D airspace area is effective during the 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.
* * * * *

Paragraph 6004 Class E Airspace Areas Designated as an Extension to 
a Class D or Classs E Surface Area.

* * * * *

ACE IA E4 Dubuque, IA

Dubuque Regional Airport, IA
    (Lat. 42[deg]24'07''N., long. 90[deg]42'34''W.
Dubuque VORTAC
    (Lat. 42[deg]24'05''N., long. 90[deg]42'33''W.)
    That airspace extending upward from the surface within 2.6 miles 
each side of the 321[deg] radial of the Dubuque VORTAC extending 
from the 4.2-mile radius of Dubuque Regional Airport to 7 miles 
northwest of the VORTAC and within 2.6 miles each side of the 
132[deg] radial of the Dubuque VORTAC extending from the 4.2-mile 
radius of Dubuque Regional Airport to 7 miles southeast of the 
VORTAC and within 2.6 miles each side of the 189[deg] radial of the 
Dubuque VORTAC extending from the 4.2-mile radius of Dubuque 
Regional Airport to 7 miles south of the VORTAC. This Class E 
airspace area is effective during the 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 Dir4ectory.
* * * * *

Paragraph 6005 Class E Airspace Areas Extending Upward From 700 
Feet or More Above the Surface of the Earth

* * * * *

ACE IA E5 Dubuque, IA

Dubuque Regional Airport, IA
    (Lat. 42[deg]24'07''N., long. 90[deg]42'34''W.)
Dubuque VORTAC
    (Lat. 42[deg]24'05''N., long. 90'42'33''W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.7-mile radius of Dubuque Regional Airport and within 2.6 
miles each side of the 321[deg] radial of the Dubuque VORTAC 
extending from the VORTAC to 7 miles northwest of the airport and 
within 3 miles each side of the 133[deg] radial of the Dubuque 
VORTAC extending from the VORTAC to 13.5 miles southeast of the 
airport and within 3 miles each side of the 189[deg] radial to the 
Dubuque VORTAC extending from the VORTAC to 7.4 miles south of the 
airport.
* * * * *

    Issued in Kansas City, MO on February 19, 2003.
Herman J. Lyons, Jr.,
Manager, Air Traffic Division, Central Region.
[FR Doc. 03-5132 Filed 3-4-03; 8:45 am]
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