[Federal Register Volume 68, Number 236 (Tuesday, December 9, 2003)]
[Proposed Rules]
[Pages 68573-68575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30457]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2003-16534; Airspace Docket No. 03-ASO-19]


Proposed Establishment of Class D and Class E4 Airspace; Olive 
Branch, MS Proposed Amendment of Class E5 Airspace; Memphis, TN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice proposes to establish Class D and Class E4 
airspace at Olive Branch, MS, and amend Class E5 airspace at Memphis, 
TN. A Federal contract tower with a weather reporting system is being 
constructed at the Olive Branch Airport. Therefore, the airport will 
meet the criteria for establishment of Class D and Class E4 airspace. 
Class D surface area airspace and Class E4 airspace designated as an 
extension to Class D airspace is required when the control tower is 
open to contain existing Standard Instrument Approach Procedures 
(SIAPs) and other Instrument Flight Rules (IFR) operations at the 
airport. This action would establish Class D airspace extending upward 
from the surface to and including 2,900 feet MSL within a 4-mile radius 
of the Olive Branch Airport and Class E airspace extensions that are 5 
miles wide and extend 7 miles northeast and south of the airport. A 
regional evaluation has determined the existing Class E5 airspace area 
for Memphis, TN, which includes the Olive Branch Airport, should be 
amended to contain the Nondirectional Radio Beacon (NDB) Or Global 
Positioning System (GPS) Runway (RWY) 18 and RWY 36 SIAPs. As a result, 
controlled airspace extending upward from 700 feet Above Ground Level 
(AGL) is needed to contain the procedure turn airspace area.

DATES: Comments must be received on or before January 8, 2004.

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-2003-16534/Airspace Docket No. 03-ASO-19, 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

[[Page 68574]]

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, Room 550, 1701 Columbia Avenue, College Park, 
Georgia 30337.

FOR FURTHER INFORMATION CONTACT: Walter R. Cochran, Manager, Airspace 
Branch, Air Traffic Division, Federal Aviation Administration, P.O. Box 
20636, Atlanta, Georgia 30320; telephone (404) 305-5586.

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 notice must submit with 
those comments a self-addressed, stamped postcard on which the 
following statement is made: ``Commnets to Docket No. FAA-2003-16534/
Airspace Docket No. 03-ASO-19.'' The postcard will be date/time stamped 
and returned to the commenter. All communications received before the 
specified closing date for comments will be considered before taking 
action on the proposed rule. The proposal contained in this notice may 
be changed in light of the comments received. A report summarizing each 
substantive public contact with FAA personnel concerned with this 
rulemaking will be filed in the docket.

Availability of NPRMs

    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 Documents 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 
NPRMs 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 part 71 of the Federal 
Aviation Regulations (14 CFR part 71) to establish Class D airspace and 
Class E4 airspace at Olive Branch, MS, and amend Class E5 airspace at 
Memphis, TN. Class D airspace designations for airspace areas extending 
upward from the surface of the earth, Class E airspace designations for 
airspace areas designated as an extension to a Class D airspace area 
and Class E airspace designations for airspace areas extending upward 
from 700 feet or more above the surface of the earth are published in 
Paragraphs 5000, 6004 and 6005 respectively, of FAA Order 7400.9L, 
dated September 2, 2003, and effective September 16, 2003, which is 
incorporated by reference in 14 CFR 71.1. The Class D and Class E 
airspace designations listed in this document would be published 
subsequently in the Order.
    The FAA has determined that this proposed regulation only involves 
an established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
It, therefore, (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 rule, when promulgated, 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

    In consideration of the foregoing, 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 Federal 
Aviation Administration Order 7400.9L, Airspace Designations and 
Reporting Points, dated September 2, 2003, and effective September 16, 
2003, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASO MS D Olive Branch, MS [NEW]

Olive Branch Airport, MS
    (Lat. 34[deg]58'44'' N, long. 89[deg]47'13'' W)

    That airspace extending upward from the surface to and including 
2,900 feet MSL with a 4-mile radius of Olive Branch Airport; 
excluding that airspace within the Memphis Class B airspace area. 
This Class D airspace area is effective during the specific days and 
times established in advance by a Notice to Airmen. The effective 
days and times will thereafter be continuously published in the 
Airport/Facility Directory.
* * * * *

Paragraph 6004 Class E4 Airspace Areas Designated as an Extension 
to a Class D Airspace Area

* * * * *

ASO MS E Olive Branch, MS [NEW]

Olive Branch Airport, MS
    (Lat. 34[deg]58'44'' N, long. 89[deg]47'13'' W)
Olive Branch NDB
    (Lat. 34[deg]58'47'' N, long. 89[deg]47'20'' W)

    That airspace extending upward from the surface within 2.5 miles 
each side of the Olive Branch NDB 017[deg] and 170[deg] bearings, 
extending from the 4-mile radius to 7 miles northeast and south of 
the NDB. This Class E4 airspace area is effective during the 
specific days and times established in advance by a Notice of 
Airmen. The effective days and times 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

* * * * *

[[Page 68575]]

ASO TN E5 Memphis, TN [REVISED]

Memphis International Airport, TN
    Lat. 35[deg]02'33'' N, long 89[deg]58'36'' W
Olive Branch Airport
    Lat. 34[deg]58'44'' N, long. 89[deg]47'13'' W
West Memphis Municipal Airport
    Lat. 35[deg]08'06'' W, long. 90[deg]14'04'' W
General DeWitt Spain Airport
    Lat. 35[deg]12'02'' N, long. 90[deg]03'14'' W
Elvis NDB
    Lat. 35[deg]03'41'' N, long. 90[deg]04'18'' W
West Memphis NDB
    Lat. 35[deg]08'22'' N, long. 90[deg]13'57'' W

    That airspace extending upward from 700 feet above the surface 
within an 8-mile radius of Memphis International Airport, and within 
4 miles north and 8 miles south of the 271[deg] bearing from the 
Elvis NDB extending from the 8-mile radius to 16 miles west of the 
Elvis NDB, and within a 7.5-mile radius of Olive Branch Airport, and 
within 4 miles west and 8 miles east of the 017[deg] bearing and 4 
miles west and 8 miles east of the 170[deg] bearing from the Olive 
Branch NDB extending from the 7.5-mile radius to 16 miles northeast 
and south of the airport, and within a 6.5-mile radius of West 
Memphis Municipal Airport, and within 4 miles east and 8 miles west 
of the 197[deg] from the West Memphis NDB extending from the 6.5-
mile radius to 16 miles south of the West Memphis NDB, and within 4 
miles east and 8 miles west of the 353[deg] bearing from the West 
Memphis NDB extending from the 6.5-mile radius to 16 miles north of 
the West Memphis NDB, and within 6.4-mile radius of General DeWitt 
Spain Airport; excluding that airspace within the Millington, TN, 
Class E airspace area.

* * * * *

    Issued in College Park, Georgia, on November 26, 2003.
Walter R. Cochran,
Acting Manager, Air Traffic Division, Southern Region.
[FR Doc. 03-30457 Filed 12-8-03; 8:45 am]
BILLING CODE 4910-13-M