Federal Register / Vol. 69, No. 22 / Tuesday, February 3, 2004 / Rules and Regulations 5009

published in the Federal Register on the airport. This action also amends the keep them operationally current. It, December 24, 2003, (68 FR 74471), is Class E5 airspace area for Memphis, TN, therefore, (1) Is not a ‘‘significant corrected by correcting the SUMMARY. which includes the Olive Branch regulatory action’’ under Executive * * * * * Airport, to contain the Nondirectional Order 12866; (2) is not a ‘‘significant SUMMARY: This action establishes Class Radio Beacon (NDB) or Global rule’’ under DOT Regulatory Policies D airspace at Hilton Head Island, SC. A Positioning System (GPS) Runway and Procedures (44 FR 11034; February federal contract tower with a weather (RWY) 18 and RWY 36 SIAPs. 26, 1979); and (3) so minimal. Since this reporting system has been constructed Controlled airspace extending upward is a routine matter that will only affect at the Hilton Head Airport. Therefore, from 700 feet Above Ground Level air traffic procedures and air navigation, the airport meets criteria for Class D (AGL) is needed to contain the it is certified that this rule, when airspace. Class D surface area airspace is procedure turn airspace area. promulgated, will not have a significant required when the control tower is open EFFECTIVE DATE: 0901 UTC, April 15, economic impact on a substantial to contain Standard Instrument 2004. number of small entities under the criteria of the Regulatory Flexibility Act. Approach Procedures (SIAPs) and other FOR FURTHER INFORMATION CONTACT: Instrument Flight Rules (IFR) operations Walter R. Cochran, Manager, Airspace List of Subjects in 14 CFR Part 71 at the airport. This action establishes Branch, Air Traffic Division, Federal Airspace, Incorporation by reference, Class D airspace extending upward from Aviation Administration, P.O. Box Navigation (Air). the surface to and including 2,000 feet 20636, Atlanta, Georgia 30320; MSL within a 3.9-mile radius of the telephone (404) 305–5586. Adoption of the Amendment airport. SUPPLEMENTARY INFORMATION: ■ In consideration of the foregoing, the * * * * * History Federal Aviation Administration Issued in College Park, Georgia January 9, proposes to amend 14 CFR part 71 as 2004. On December 9, 2003, the FAA follows: Jeffrey U. Vincent, proposed to amend part 71 of the Federal Aviation Regulations (14 CFR Acting Manager, Air Traffic Division, PART 71—DESIGNATION OF CLASS A, Southern Region. part 71) by establishing Class D and E4 CLASS B, CLASS C, CLASS D, AND airspace at Olive Branch, MS, and [FR Doc. 04–2188 Filed 2–2–04; 8:45 am] CLASS E AIRSPACE AREAS; amending Class E5 airspace at AIRWAYS; ROUTES; AND REPORTING BILLING CODE 4910–13–M Memphis, TN (68 FR 68573). This POINTS action provides adequate Class D and E4 ■ 1. The authority citation for Part 71 DEPARTMENT OF TRANSPORTATION airspace for IFR operations at Olive Branch Airport and adequate Class E5 continues to read as follows: Federal Aviation Administration airspace at Memphis, TN to contain Authority: 49 U.S.C. 106(g); 40103, 40113, SIAPs. Class D airspace designations for 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. 14 CFR Part 71 airspace areas extending upward from the surface of the earth, Class E4 § 71.1 [Amended] [Docket No. FAA–2003–16534; Airspace airspace areas designated as an Docket No. 03–ASO–19] ■ extension to a Class D surface area, and 2. The incorporation by reference in 14 Class E5 airspace designations for CFR 71.1 of Federal Aviation Establishment of Class D and E Administration Order 7400.9L, Airspace Airspace; Olive Branch, MS and airspace extending upward from 700 feet or more above the surface of the Designations and Reporting Points, Amendment of Class E Airspace; dated September 2, 2003, and effective Memphis, TN earth are published in Paragraphs 5000, 6004, and 6005 respectively, of FAA September 16, 2003, is amended as AGENCY: Federal Aviation Order 7400.9L, dated September 2, follows: Administration (FAA), DOT. 2003, and effective September 16, 2003, Paragraph 5000 Class D Airspace ACTION: Final rule. which is incorporated by reference in 14 * * * * * CFR 71.1. The Class D, E4, and E5 ASO MS D Olive Branch, MS [NEW] SUMMARY: This action establishes Class designations listed in this document D and E4 airspace at Olive Branch, MS. Olive Branch Airport, MS will be published subsequently in the ° ′ ″ ° ′ ″ A federal contract tower with a weather Order. (Lat. 34 58 44 N, long. 89 47 13 W) reporting system has been constructed Interested parties were invited to That airspace extending upward from the at the Olive Branch Airport. Therefore, participate in this rulemaking surface to and including 2,900 feet MSL the airport meets criteria for Class D and proceeding by submitting written within a 4-mile radius of Olive Branch E4 airspace. Class D surface area Airport; excluding that airspace within the comments on the proposal to the FAA. Memphis Class B airspace area. This Class D airspace and Class E4 airspace No comments objecting to the proposal airspace area is effective during the specific designated as an extension to Class D were received. days and times established in advance by a airspace is required when the control Notice to Airmen. The effective days and tower is open to contain Standard The Rule times will thereafter be continuously Instrument Approach Procedures This amendment to part 71 of the published in the Airport/Facility Directory. (SIAPs) and other Instrument Flight Federal Aviation Regulations (14 CFR * * * * * Rules (IFR) operations at the airport. part 71) establishes Class D and E4 This action establishes Class D airspace Paragraph 6004 Class E4 Airspace Areas airspace at Olive Branch, MS, and Designated as an Extension to a Class D extending upward from the surface to amends Class E5 at Memphis, TN. Airspace Area but not including 2,900 feet MSL, The FAA has determined that this * * * * * within a 4-mile radius of the Olive proposed regulation only involves an Branch Airport and Class E4 airspace established body of technical ASO MS E4 Olive Branch, MS [NEW] extensions that are 5 miles wide and regulations for which frequent and Olive Branch Airport, MS extend 7 miles northeast and south of routine amendments are necessary to (Lat. 34°58′44″ N, long. 89°47′13″ W)

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Olive Branch NDB DEPARTMENT OF TRANSPORTATION The Rule (Lat. 34°58′47″ N, long. 89°47′20″ W) This amendment to 14 CFR part 71 That airspace extending upward from the Federal Aviation Administration will modify Class E airspace at Polson, surface within 2.5 miles each side of the MT, to accommodate aircraft executing Olive Branch NDB 017° and 170° bearings, 14 CFR Part 71 newly developed RNAV GPS SIAPs. extending from the 4-mile radius to 7 miles The new procedures make it necessary northeast and south of the NDB. This Class [Docket No. FAA–2003–16207; Airspace to increase the area of controlled E4 airspace area is effective during the Docket No. 03–ANM–10] specific days and times established in airspace. Additional Class E airspace advance by a Notice to Airmen. The effective Modification of Class E Airspace; extending upward from 700 feet or more days and times will thereafter be Polson, MT above the surface of the earth is continuously published in the Airport/ necessary to provide adequate AGENCY: Facility Directory. Federal Aviation controlled airspace for the safety of IFR Administration, (FAA), DOT. aircraft executing these new RNAV GPS * * * * * ACTION: Final rule. SIAPs and during transition to/from the Paragraph 6005 Class E Airspace Areas en route environment. Extending Upward from 700 feet or More SUMMARY: This final rule will modify the The FAA has determined that this Above the Surface of the Earth Class E airspace at Polson, MT. New regulation only involves an established * * * * * Area Navigation (RNAV) Global body of technical regulations for which Positioning System (GPS) Standard frequent and routine amendments are ASO TN E5 Memphis, TN [REVISED] Instrument Approach Procedures necessary to keep them operationally Memphis International Airport, TN (SIAPs) have been developed at Polson current. Therefore, this regulation—(1) Lat. 35°02′33″ N, long. 89°58′36″ W Airport making it necessary to increase is not a ‘‘significant regulatory action’’ Olive Branch Airport the area of controlled airspace. This under Executive Order 12866; (2) is not Lat. 34°58′44″ N, long. 89°47′13″ W additional Class E airspace extending a ‘‘significant rule’’ under DOT West Memphis Municipal Airport upward from 700 feet or more above the Regulatory Policies and Procedures (44 Lat. 35°08′06″ N, long. 90°14′04″ W surface of the earth is necessary for the FR 11034; February 26, 1979); and (3) General DeWitt Spain Airport safety of Instrument Flight Rules (IFR) does not warrant preparation of a ° ′ ″ ° ′ ″ Lat. 35 12 02 N, long. 90 03 14 W aircraft executing these new SIAPs and Regulatory Evaluation as the anticipated Elvis NDB when transitioning to/from the en route impact is so minimal. Since this is a ° ′ ″ ° ′ ″ Lat. 35 03 41 N, long. 90 04 18 W environment. routine matter that will only affect air West Memphis NDB EFFECTIVE DATE: 0901 UTC, April 15, ° ′ ″ ° ′ ″ traffic procedures and air navigation, it Lat. 35 08 22 N, long. 90 13 57 W 2004. is certified that this rule will not have That airspace extending upward from 700 FOR FURTHER INFORMATION CONTACT: Ed a significant economic impact on a feet above the surface within an 8-mile radius substantial number of small entities of Memphis International Airport, and within Haeseker, Air Traffic Division, Federal Aviation Administration, 1601 Lind under the criteria of the Regulatory 4 miles north and 8 miles south of the 271° Flexibility Act. bearing from the Elvis NDB extending from Avenue SW., Renton, Washington the 8-mile radius to 16 miles west of the Elvis 98055–4056; telephone (425) 227–2527. List of Subjects in 14 CFR Part 71 SUPPLEMENTARY INFORMATION: NDB, and within a 7.5-mile radius of Olive Airspace, Incorporation by reference, Branch Airport, and within 4 miles west and History Navigation (air). 8 miles east of the 017° bearing and 4 miles west and 8 miles east of the 170° bearing On November 26, 2003, the FAA Adoption of the Amendment from the Olive Branch NDB extending from proposed to amend Federal Aviation ■ the 7.5-mile radius to 16 miles northeast and Regulations 14 CFR part 71 to modify Accordingly, pursuant to the authority south of the airport, and within a 6.5-mile Class E airspace at Polson, MT, (68 FR delegated to me, the Federal Aviation radius of West Memphis Municipal Airport, pages 66387–66388). This proposal was Administration proposes to amend 14 and within 4 miles east and 8 west of the to modify Class E airspace extending CFR part 71 as follows: 197° from the West Memphis NDB extending upward from 700 or more above the PART 71—DESIGNATION OF CLASS A, from the 6.5-mile radius to 16 miles south of surface of the earth to contain IFR CLASS B, CLASS C, CLASS D, AND the West Memphis NDB, and within 4 miles operations within controlled airspace east and 8 miles west of the 353° bearing during the terminal phase and when CLASS E AIRSPACE AREAS; from the West Memphis NDB extending from transitioning to/from the en route AIRWAYS; ROUTES; AND REPORTING the 6.5-mile radius to 16 miles north of the environments. POINTS West Memphis NDB, and within a 6.4-mile Interested parties were invited to ■ 1. The authority citation for 14 CFR radius of General DeWitt Spain Airport; participate in this rule making part 71 continues to read as follows: excluding that airspace within the proceeding by submitting written Millington, TN, Class E airspace area. comments on the proposal to the FAA. Authority: 49 U.S.C. 106(g), 40103, 40113, No comments were received. Class E 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– * * * * * 1963 Comp., p.389. airspace areas extending upward from Issued in College Park, Georgia, on January 700 feet or more above the surface of the 21, 2004. § 71.1 [Amended] earth are published in paragraph 6005 of Jeffrey U. Vincent, FAA Order 7400.9L dated September ■ 2. The incorporation by reference in 14 Acting Manager, Air Traffic Division, 02, 2003, and effective September 16, CFR 71.1 of the Federal Aviation Southern Region. 2003, which is incorporated by Administration Order 7400.9L, Airspace [FR Doc. 04–2191 Filed 2–2–04; 8:45 am] reference in 14 CFR part 71.1. The Class Designations and Reporting Points, BILLING CODE 4910–13–M E airspace designations listed in this dated September 02, 2003, and effective document will be published September 16, 2003, is amended as subsequently in that order. follows:

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