[Federal Register Volume 68, Number 155 (Tuesday, August 12, 2003)]
[Rules and Regulations]
[Pages 47846-47847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20406]



[[Page 47846]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2003-15628; Airspace Docket No. 03-AWP-10]


Modification of Class E Airspace; Waimea-Kohala Airport, HI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION:  Direct final rule; request for comments.

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SUMMARY: An Area Navigation (RNAV) Global Positioning System (GPS) 
Standard Instrument Approach Procedure (SIAP) RNAV (GPS) Runway (RWY) 
04/22 SIAP and a VHF Navigation Aid/Distance Measuring Equipment (VOR/
DME) RWY 22/04 SIAP have been developed to serve Waimea-Kohala Airport, 
Kamuela, HI. This action expands Class E airspace extending upward from 
700 feet or more above the surface at Waimea-Kohala Airport to contain 
aircraft executing these approaches. This action provides controlled 
airspace for Instrument Flight Rules (IFR) operations.

DATES: This direct final rule is effective on 0901 UTC, October 30, 
2003. Comments for inclusion in the Rules Docket must be received on or 
before August 29, 2003.

ADDRESSES: Send comments on this rule 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-2003-15628/Airspace Docket No. 03-AWP-10, 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 dispositions in person in the 
Docket 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: Debra Trindle, Air Traffic Division, 
Airspace Branch, AWP-520, Western-Pacific Region, Federal Aviation 
Administration, 15000 Aviation Boulevard, Lawndale, California 90261, 
telephone (310) 725-6613.

SUPPLEMENTARY INFORMATION: This amendment to 14 CFR part 71 modifies 
the Class E airspace at Waimea-Kohala, HI. An RNAV (GPS) RWY 22/04 SIAP 
and a VOR/DME RWY 22/04 SIAP have been developed to serve Waimea-Kohala 
Airport, HI. These SIAPs require additional controlled airspace to 
contain aircraft executing the new approach procedures. This action 
expands Class E airspace to support Instrument Flight Rules (IFR) 
operations to Waimea-Kohala Airport, Kamuela, HI. 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

    Although this action is the form of a final rule and was not 
preceded by a notice of proposed rulemaking, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, view, or arguments as they may desire. 
Communications should identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended or withdrawn in light of 
the comments received. Factual information that supports the 
commenter's ideas and suggestions is extremely helpful in evaluating 
the effectiveness of this action and determining whether additional 
rulemaking action is needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
action will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 03-AWP-10.'' The postcard will be date 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, this regulation only involves an established 
body of technical regulations that require frequent and routine 
amendments to keep operationally current. Therefore, this regulation--
(1) Is not a ``significant regulatory action'' under Executive Order 
12866; (20 is not a ``significant rule'' under 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 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:

[[Page 47847]]

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 14 CFR 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 the 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.

* * * * *

AWP HI E5 Waimea-Kohala, HI [Revised]

Waimea-Kohala Airport, HI
    (Lat. 200[deg]00'05'' N, long. 155[deg]40'05'' W)
Kamuela VOR/DME
    (Lat. 19[deg]59'53'' N, long. 155[deg]40'12'' W)

    That airspace extending upward from 700 feet above the surface 
within a 6.4-mile radius of the Waimea-Kohala Airport and within 2 
miles each side of the Kamuela VOR/DME 068[deg] radial, extending 
from the 6.4-mile radius 12.6 miles northeast of the Kamuela VOR/DME 
and within 2 miles each side of the Kamuela VOR/DME 246[deg] 
extending from the 6.4-mile radius to the 13.4 miles southwest of 
the Kamuela VOR/DME
* * * * *

    Issued in Los Angeles, California, on July 23, 2003.
Stephen J. Lloyd,
Acting Manager, Air Traffic Division, Western-Pacific Region.
[FR Doc. 03-20406 Filed 8-11-03; 8:45 am]
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