[Federal Register Volume 68, Number 177 (Friday, September 12, 2003)]
[Rules and Regulations]
[Pages 53674-53675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23298]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2003-16026; Airspace Docket No. 03-ACE-70]


Modification of Class D Airspace; and Modification of Class E 
Airspace; St. Joseph, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: Area Navigation (RNAV) Global Positioning System (GPS) 
Standard Instrument Approach Procedures (SIAPs) have been developed to 
serve Rosecrans Memorial Airport, St. Joseph, MO. Also, several 
existing SIAPs serving Rosecrans Memorial Airport have been amended. An 
examination of controlled airspace for St. Joseph, MO revealed 
discrepancies in the legal descriptions for the St. Joseph, MO Class D 
and Class E airspace areas.
    The intended effect of this rule is to provide controlled airspace 
for appropriate dimensions to protect aircraft executing SIAPs to 
Rosecrans Memorial Airport. It also corrects discrepancies in the legal 
descriptions of St. Joseph, MO Class D and Class E airspace areas and 
brings the airspace areas and legal descriptions into compliance with 
FAA Orders.

DATES: This direct final rule is effective on 0901 UTC, December 25, 
2003. Comments for inclusion in the Rules Docket must be received on or 
before October 23, 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-2003-16026/Airspace Docket No. 03-ACE-70, 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: 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: This amendment to 14 CFR 71 modifies the 
Class D airspace area, the Class E airspace area designated as an 
extension to the Class D airspace area and the Class E airspace area 
extending upward from 700 feet above the surface of the earth at St. 
Joseph, MO. RNAV (GPS) RWY 35, ORIGINAL SIAP; RNAV (GPS) RWY 17, 
ORIGINAL SIAP; VOR/DME or TACAN RWY 35, ORIGINAL SIAP; ILS or LOC RWY 
35, AMENDMENT 31 SIAP; VOR or TACAN RWY 17, AMENDMENT 14 SIAP; LOC BC 
RWY 17, AMENDMENT 9 SIAP and NDB RWY 35, AMENDMENT 28F SIAP have been 
developed to serve Rosecrans Memorial Airport, St. Joseph, MO. The St. 
Joseph, MO controlled airspace areas must be tailored to contain 
aircraft executing the approach procedures. An examination of 
controlled airspace for St. Joseph, MO revealed discrepancies in the 
legal descriptions for the St. Joseph, MO Class D and Class E airspace 
areas. This action corrects the discrepancies and brings the airspace 
areas and their legal descriptions 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 areas 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 D and 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

[[Page 53675]]

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-2003-16026/Airspace Docket No. 03-ACE-
70.'' 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--DESIGNATIONS 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 7400.9K, dated August 30, 2002, and effective 
September 16, 2002, is amended as follows:

Paragraph 5000 Class D Airspace.
* * * * *

ACE MO D St. Joseph, MO

St. Joseph, Rosecrans Memorial Airport, MO
    (Lat. 39[deg]46'19'' N., long. 94[deg]54'35'' W.)

    That airspace extending upward from the surface to and including 
3,300 feet MSL within a 4.3-mile radius of Rosecrans Memorial 
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 Designated as an Extension to a 
Class D or Class E Surface Area.
* * * * *

ACE MO E4 St. Joseph, MO

St. Joseph, Rosecrans Memorial Airport, MO
    (Lat. 39[deg]46'19'' N., long. 94[deg]54'35'' W.)
St. Joseph VORTAC
    (Lat. 39[deg]57'38'' N., long. 94[deg]55'31'' W.)
TARIO LOM
    (Lat. 39[deg]40'33'' N., long. 94[deg]54'25'' W.)
St. Joseph LOC
    (Lat. 39[deg]47'16'' N., long. 94[deg]54'25'' W.)

    That airspace extending upward from the surface within 1.8 miles 
each side of the St. Joseph ILS localizer south course extending 
from the 4.3-mile radius of Rosecrans Memorial Airport to the TARIO 
LOM and within 1.4 miles each side of the St. Joseph VORTAC 175[deg] 
radial extending from the 4.3-mile radius of the airport to 4.7 
miles north of the airport. 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 Directory.
* * * * *
Paragraph 6005 Class E airspace areas extending upward from 700 feet 
or more above the surface of the earth.
* * * * *

ACE MO E5 St. Joseph, MO

St. Joseph, Rosecrans Memorial Airport, MO
    (Lat. 39[deg]46'19'' N., long. 94[deg]54'35'' W.)
St. Joseph VORTAC
    (Lat. 39[deg]57'38'' N., long. 94[deg]55'31'' W.)
    That airspace extending upward from 700 feet above the surface 
within a 6.8-mile radius of Rosecrans Memorial Airport and within 
3.8 miles each side of the St. Joseph VORTAC 176[deg] radial 
extending from the 6.8-mile radius of the airport to 12.1 miles 
south of the airport.

* * * * *

    Issued in Kansas City, MO on August 29, 2003.
Herman J. Lyons, Jr.,
Manager, Air Traffic Division, Central Region.
[FR Doc. 03-23298 Filed 9-11-03; 8:45 am]
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