[Federal Register Volume 69, Number 59 (Friday, March 26, 2004)]
[Rules and Regulations]
[Pages 15666-15667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6861]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2003-15398; Airspace Docket No. 03-AGL-091]


Revocation of Class D Airspace Area; Chicago, IL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revokes the Class D airspace area for the Merrill 
C. Meigs Airport, Chicago, IL. The FAA is taking this action due to the 
closure of the airport.

EFFECTIVE DATE: 0901 UTC, June 10, 2004.

FOR FURTHER INFORMATION CONTACT: Patricia A. Graham, Air Traffic 
Division, Airspace Branch, AGL-520, Federal Aviation Administration, 
2300 East Devon Avenue, Des Plaines, Illinois 60018, telephone (847) 
294-7568.

SUPPLEMENTARY INFORMATION:

Background

    On July 28, 2003, the FAA issued a notice proposing to revoke the 
Class D airspace area for the Merrill C. Meigs Airport. Specifically, 
that action prposed to revoke the existing Class D airspace area 
extending from the surface up to and including 3,100 feet above mean 
sea level (MSL) within a 3.8 nautical mile radius of the now closed 
Meigs Airport reference point. Class D airspace areas are intended to 
provide controlled airspace for visual or instrument flight rules 
operations at airports having an operating Airport Traffic Control 
Tower (ATCT).

Discussion of Comment

    Interested parties were invited to participate in this rulemaking 
proceeding by submitting written comments on the proposal. All comments 
received were reviewed prior to taking any final action on this matter. 
In response to the notice, we received thirty-three comments. Two of 
the comments received were in support of the proposed airspace action 
and the others stated objection or provided other comments on the 
proposal. Those objecting to the proposal expressed concern that the 
revocation of the Class D Airspace Area would take away the ability of 
pilots to use the Chicago Meigs Airport in case they had to make an 
emergency landing, or require some other sort of assistance.
    Other commenters expressed concern that revoking the Class D 
airspace area and closing the Chicago Meigs Airport would result in an 
increase in the congestion at the Chicago O'Hare International Airport 
(O'Hare Airport) and the Chicago Midway International Airport (Midway 
Airport).
    Several other commenters stated that it was less convenient to fly 
into the O'Hare Airport and Midway Airport rather than the former 
Chicago Meigs Airport. One commenter stated that the lack of controlled 
airspace around downtown Chicago could have serious potential security 
risks. Additionally, several commenters expressed a concern that a 
Class D airspace area is needed to keep a corridor along the shore of 
Lake Michigan safer; and that the FAA should continue to provide some 
sort of advisory service to pilots utilizing something similar to an 
ATCT.
    Many of those commenting also expressed a concern that by revoking 
the Class D airspace area the FAA was supporting the alleged illegal 
closing of Chicago Meigs Airport, and that the airport should not be 
closed.
     Many of the concerns expressed by those commenting on the notice 
are beyond the control of the FAA. Specifically, many commenters took 
issue with the actual closing of the Meigs Airport, the destruction of 
its runway as well as the lack of availability of the airport in case 
of an emergency landing, and the impact the closure would have on the 
Chicago O'Hare and Chicago Midway International Airports. Also, they 
expressed a belief that there was increased security risk resulting 
from a reduction in controlled airspace.
     While the FAA respects the opinions of those expressing comments 
regarding the Meigs Airport closure, those comments are outside of the 
scope of the notice. The purpose of the proposed action was to address 
the classification of the airspace over the closed Meigs Airport. The 
FAA proposed this action

[[Page 15667]]

after and in response to the closure of the Chicago Meigs Airport.
     In response to those commenters expressing concern regarding the 
lack of controlled airspace after the revocation of the existing Class 
D airspace area, it should be noted that there will be Class E airspace 
area (which is controlled airspace) extending from 700 feet above the 
ground to the base of the overlying Chicago, IL Class B Airspace Area 
in the same area. Air traffic control services will remain available to 
aircraft operating in this area. These services include safety alerts, 
traffic advisories, and limited radar vectoring when requested by the 
pilot. This is the same level of service that has been available on a 
daily basis since the airport and ATCT closure and is similar to the 
service available prior to the airport closure during the hours when 
the Meigs ATCT was closed.

The Rule

    This amendment to 14 CFR part 71 revokes the Class D airspace area 
at Chicago, IL, for the former Merrill C. Meigs Airport. As a result, 
the existing Class E airspace area will be in effect on a continuous 
basis. A Class D airspace area extending upward from the surface of the 
earth is no longer needed because the airport and ATCT have been 
closed.
     The FAA has determined that this regulation only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
Therefore this, proposed regulation--(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 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 Amendment

0
In consideration of the foregoing, 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


Sec.  71.1  Amended

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2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9L, Airspace Designations and 
Reporting Points, dated September 2, 2003, and effective September 16, 
2003, is amended as follows:

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Paragraph 5000--Class D airspace

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AGL IL D Chicago, IL [Removed]

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    Issued in Des Plaines, Illinois on March 04, 2004.
Nancy B. Shelton,
Manager, Air Traffic Division, Great Lakes Region.
[FR Doc. 04-6861 Filed 3-25-04; 8:45 am]
BILLING CODE 4910-13-M