[Federal Register Volume 68, Number 74 (Thursday, April 17, 2003)]
[Rules and Regulations]
[Pages 18857-18858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9508]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2003-14847; Airspace Docket No. 03-ACE-32]


Modification of Class E Airspace; Eureka, KS

AGENCY: Federal Aviation Administration, (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: The FAA has developed an Area Navigation (RNAV) Global 
Positioning System (GPS) Runway (RWY) 18, ORIGINAL Standard Instrument 
Approach Procedure (SIAP) to serve Eureka Municipal Airport, Eureka, 
KS. This modification of Class E airspace at Eureka, KS provides 
additional controlled airspace at and above 700 feet Above Ground Level 
(AGL) to contain the new SIAP
    The intended effect of this rule is to provide controlled Class E 
airspace for aircraft executing the SIAP and to segregate aircraft 
using instrument approach procedures in instrument conditions from 
aircraft operating in visual conditions.

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 15, 2003.

ADDRESSES: Send comments on this proposal to the Docket Management 
System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh 
Street, S.W., Washington, DC 20590-0001. You must identify the docket 
number FAA-2003-14847/Airspace Docket No. 03-ACE-32, at the beginning 
of your comments. You may also submit comments on the Internet at 
http://dms.dot.gov. You may review the

[[Page 18858]]

public docket containing the proposal, any comments received, and any 
final disposition in person on the Dockets Office between 9 a.m. to 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 part 71 modifies 
the Class E airspace area extending upward from 700 feet above the 
surface at Eureka, KS. The FAA has developed an RNAV (GPS) RWY 18, 
ORIGINAL SIAP to serve Eureka Municipal Airport, Eureka, KS. Additional 
controlled airspace at and above 700 feet AGL is required to contain 
the new SIAP within controlled airspace, and thereby segregate aircraft 
operating under Instrument Flight Rules (IFR) in instrument conditions 
from those aircraft operating under visual flight rules. This amendment 
brings the legal description of the Eureka, KS Class E airspace area 
into compliance with FAA Order 7400.2E, Procedures for Handling 
Airspace Matters. 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. 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-2003-14847/Airspace Docket No. 03-ACE-
32.'' 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

0
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

0
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]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation 
Administration order 74009.9K, 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 KS E5 Eureka, KS

Eureka Municipal Airport, KS
    (Lat. 37[deg]51'06'' N., long . 96[deg]17'30'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.4-mile radius of Eureka Municipal Airport.
* * * * *

    Issued in Kansas City, MO, on April 8, 2003.
Herman J. Lyons, Jr.,
Manager, Air Traffic Division, Central Region.
[FR Doc. 03-9508 Filed 4-16-03; 8:45 am]
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