03-5132. Modification of Class D Airspace; and Modification of Class E; Dubuque, IA

AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Direct final rule; request for comments.

SUMMARY:

This action modifies Class D and Class E airspace at Dubuque, IA. An examination of controlled airspace for Dubuque, IA revealed discrepancies in the Dubuque Regional Airport, IA, airport reference point used in the legal descriptions for the Dubuque, IA Class D and Class E airspace areas. This action corrects the discrepancies by modifying the Dubuque, IA Class D, Class E4 and Class E5 airspace areas. It also incorporates the revised Dubuque Regional Airport, IA airport reference point in the Class D, Class E4 and Class E5 airspace 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.

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-2003-14463/Airspace Docket No. 03-ACE-16, 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 [phone]) is on the plaza level of the Department of Transportation NASSIF Building at the above address.

FOR FURTHER INFORMATION CONTACT:

Kathy Randolph, Air Traffic Division, Airspace Branch, ACE-520C, DOT Regional Headquarters Building, Federal Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: [phone].

SUPPLEMENTARY INFORMATION:

This amendment to 14 CFR 71 modifies the Class D airspace, the Class E airspace designated as an extension to a Class D or Class E surface area and the Class E airspace area extending upward from 700 feet or more above the surface of the earth at Dubuque, IA. An examination of controlled airspace for Dubuque, IA revealed discrepancies in the Dubuque Regional Airport, IA airport reference point used in the legal descriptions for these airspace areas. This amendment incorporates the revised Dubuque Regional Airport, IA 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 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 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 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-2003-14463/Airspace Docket No. 03-ACE-16.” 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 IA D Dubuque, IA

Dubuque Regional Airport, IA

(Lat. 42°24′07″N., long. 90°42′34″W.)

That airspace extending upward from the surface to and including 3,600 feet MSL within a 4.2-mile radius of Dubuque Regional 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 Areas Designated as an Extension to a Class D or Classs E Surface Area.

* * * * *

ACE IA E4 Dubuque, IA

Dubuque Regional Airport, IA

(Lat. 42°24′07″N., long. 90°42′34″W.

Dubuque VORTAC

(Lat. 42°24′05″N., long. 90°42′33″W.)

That airspace extending upward from the surface within 2.6 miles each side of the 321° radial of the Dubuque VORTAC extending from the 4.2-mile radius of Dubuque Regional Airport to 7 miles northwest of the VORTAC and within 2.6 miles each side of the 132° radial of the Dubuque VORTAC extending from the 4.2-mile radius of Dubuque Regional Airport to 7 miles southeast of the VORTAC and within 2.6 miles each side of the 189° radial of the Dubuque VORTAC extending from the 4.2-mile radius of Dubuque Regional Airport to 7 miles south of the VORTAC. 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 Dir4ectory.

* * * * *

Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth

* * * * *

ACE IA E5 Dubuque, IA

Dubuque Regional Airport, IA

(Lat. 42°24′07″N., long. 90°42′34″W.)

Dubuque VORTAC

(Lat. 42°24′05″N., long. 90′42′33″W.)

That airspace extending upward from 700 feet above the surface within a 6.7-mile radius of Dubuque Regional Airport and within 2.6 miles each side of the 321° radial of the Dubuque VORTAC extending from the VORTAC to 7 miles northwest of the airport and within 3 miles each side of the 133° radial of the Dubuque VORTAC extending from the VORTAC to 13.5 miles southeast of the airport and within 3 miles each side of the 189° radial to the Dubuque VORTAC extending from the VORTAC to 7.4 miles south of the airport.

* * * * *

Issued in Kansas City, MO on February 19, 2003.

Herman J. Lyons, Jr.,

Manager, Air Traffic Division, Central Region.