03-24602. Modification of Class E Airspace; South Bend, IN

AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This action modifies Class E airspace at South Bend, IN. Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAPS) to several runways have been developed for South Bend Regional Airport. Controlled airspace extending upward from 700 feet above the surface of the earth is needed to contain aircraft executing these approaches. This action increases the area of the existing controlled airspace at South Bend Airport.

EFFECTIVE DATE:

0901 UTC, December 25, 2003.

FOR FURTHER INFORMATION CONTACT:

Denis C. Burke, Air Traffic Division, Airspace Branch, AGL-520, Federal Aviation Administration, 2300 East Devon Avenue, Des Plaines, Illinois 60018, telephone [phone].

SUPPLEMENTARY INFORMATION:

History

On Monday, April 21, 2003, the FAA proposed to amend 14 CFR part 71 to modify Class E airspace at South Bend, IN (68 FR 19470). The proposal was to modify controlled airspace extending upward from 700 feet above the surface of the earth to contain Instrument Flight Rules (IFR) operations in controlled airspace during portions of the terminal operation and white transiting between the en route and terminal environments.

Interested parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA. No comments objecting to the proposal were received. Class E airspace areas extending upward from 700 feet or more above the surface of the earth are published in paragraph 6005, of FAA Order 7400.9K dated August 30, 2002, and effective September 16, 2002, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the order.

The Rule

This amendment to 14 CFR part 71 modifies Class E airspace at South Bend, IN, to accommodate aircraft executing instrument flight procedures into and out of South Bend Regional Airport. The area will be depicted on appropriate aeronautical charts.

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)

Adoption of the Amendment

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

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 the Federal Aviation Administration Order 7400.9K, Airspace Designations and Reporting Points, dated August 30, 2002, and effective September 16, 2002, is amended as follows:

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Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth.

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AGL IN E5 South Bend, IN [Revised]

South Bend, South Bend Regional Airport, IN

(Lat. 41°42′31″ N., long. 86°19′02″ W.)

Niles, Jerry Tyler Memorial Airport, MI

(Lat. 41°50′09″ N., long. 86°13′31″ W.)

Gipper VORTAC

(Lat. 41°46′07″ N., long. 86°19′06″ W.)

That airspace extending upward from 700 feet above the surface within an 8.0-mile radius of South Bend Regional Airport and within 4.4 miles south and 7 miles north of the South Bend ILS localizer east course, extending from South Bend Regional Airport to 10.5 miles east of the ILS outer marker and within 4.4 miles west and 7 miles east of the Gipper VORTAC 001° radial, extending from the South Bend Regional Airport to 10.5 miles north of the VOR and within a 6.4-mile radius of the Jerry Tyler Memorial Airport, excluding that airspace within the Dowagiac, MI, Class E airspace area.

* * * * *

Issued in Des Plaines, Illinois, on September 3, 2003.

Nancy B. Shelton,

Manager, Air Traffic Division, Great Lakes Region.