Rules and Regulations. Direct final rule; request for comments

Agency: Federal Aviation Administration (FAA), DOT
Action: Direct final rule; request for comments
Citation: FR Doc. 03-5930 · Docket No. FAA-2003-14549; Airspace Docket No. 03- ACE-17 · 14 CFR 71

Summary

This action modifies Class D and Class E airspace at St. Louis, Spirit of St. Louis Airport, MO. The National Aeronautical Charting Office (NACO) revised the Spirit of St. Louis Airport airport reference point effective February 6, 2003. The Class D and Class E airspace areas at St. Louis, Spirit of St. Louis Airport, MO are defined by the Spirit of St. Louis Airport airport reference point. This same data is also used in the legal descriptions for these airspace areas. This action modifies the St. Louis, Spirit of St. Louis Airport, MO Class D airspace and Class E airspace designated as a surface area to reflect the new airport reference point. It also incorporates the revised St. Louis Airport airport reference point in the Class D airspace and Class E airspace designated as a surface area legal descriptions.

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 1, 2003.

Supplementary Information

This amendment to 14 CFR 71 modifies the Class D airspace and the Class E airspace designated as a surface area at St. Louis, Spirit of St. Louis Airport, MO. An extension of a runway at Spirit of St. Louis Airport necessitated that the airport reference point be recomputed. NACO revised the Spirit of St. Louis Airport airport reference point effective February 6, 2003. The Class D and Class E airspace areas at St. Louis, Spirit of St. Louis Airport, MO are predicated on the Spirit of St. Louis Airport airport reference point. The airport reference point is also used in the legal descriptions for the Class D airspace and the Class E airspace designated as a surface area at St. Louis, Spirit of St. Louis Airport, MO. This amendment incorporates the revised Spirit of St. Louis Airport airport reference point and brings the legal descriptions of these airspace areas 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 designated as surface areas are published in paragraph 6002 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 support 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-2003-14549/Airspace Docket No. 03-ACE-17.” 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 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 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. § 71.1 [Amended] 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. Louis, Spirit of St. Louis Airport, MO Spirit of St. Louis Airport, MO (Lat. 38°39′44″ N., long. 90°39′07″ W.) That airspace extending upward from the surface to and including 3,000 feet MSL within a 4.3-mile radius of Spirit of St. Louis Airport; excluding that airspace within the St. Louis Class B airspace area. 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 6002 Class E Airspace Designated as Surface Areas. ACE MO E2 St. Louis, Spirit of St. Louis Airport, MO Spirit of St. Louis Airport, MO (Lat. 38°39′44″ N., long. 90°39′07″ W.) Within a 4.3-mile radius of Spirit of St. Louis 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. Issued in Kansas City, MO, on February 21, 2003. Paul J. Sheridan, Acting Manager, Air Traffic Division, Central Region. [FR Doc. 03-5930 Filed 3-11-03; 8:45 am]