5008 Federal Register / Vol. 69, No. 22 / Tuesday, February 3, 2004 / Rules and Regulations 

• Include justification (e.g., reasons or 

data) for each request. 

Comments are specifically invited on 

the overall regulatory, economic, 

environmental, and energy aspects of 

the rule that might suggest a need to 

modify the rule. All comments 

submitted will be available, both before 

and after the closing date for comments, 

in the Rules Docket for examination by 

interested persons. A report that 

summarizes each FAA-public contact 

concerned with the substance of this AD 

will be filed in the Rules Docket. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

submitted in response to this rule must 

submit a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket Number 2003–NM–257–AD.’’

The postcard will be date stamped and 

returned to the commenter. 

Regulatory Impact 

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.

We have determined that this 

regulation is an emergency regulation 

that must be issued immediately to 

correct an unsafe condition in aircraft, 

and that it is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866. It has been determined 

further that this action involves an 

emergency regulation under DOT 

Regulatory Policies and Procedures (44 

FR 11034, February 26, 1979). If it is 

determined that this emergency 

regulation otherwise would be 

significant under DOT Regulatory 

Policies and Procedures, a final 

regulatory evaluation will be prepared 

and placed in the Rules Docket. A copy 

of it, if filed, may be obtained from the 

Rules Docket at the location provided 

under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety.

Adoption of the Amendment

■ Accordingly, pursuant to the authority 

delegated to me by the Administrator, 

the Federal Aviation Administration 

amends part 39 of the Federal Aviation 

Regulations (14 CFR part 39) as follows:

PART 39—AIRWORTHINESS 

DIRECTIVES

■ 1. The authority citation for part 39 

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

■ 2. Section 39.13 is amended by adding 

the following new airworthiness 

directive:

2004–03–02 Airbus: Amendment 39–13446. 

Docket 2003–NM–257–AD.

Applicability: All Model A321 series 

airplanes, certificated in any category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent roll oscillations during 

approach and landing in certain icing, 

crosswind, and turbulent conditions, which 

could result in reduced controllability of the 

airplane, accomplish the following: 

Airplane Flight Manual Revision 

(a) Within 10 days after the effective date 

of this AD, revise the Limitations Section of 

the airplane flight manual (AFM) to include 

the following statement. This may be done by 

inserting a copy of this AD in the AFM. 

‘‘A321 Approach and Landing (Roll 

Control) 

When moderate to severe icing conditions, 

or significant cross wind (i.e., crosswinds 

greater than 20 knots, gust included), or 

moderate to severe turbulence are 

anticipated: 

Use FLAP 3 for landing.’’

Note 1: When a statement identical to that 

in paragraph (a) of this AD has been included 

in the general revisions of the AFM, the 

general revisions may be inserted into the 

AFM, and the copy of this AD may be 

removed from the AFM.

Alternative Methods of Compliance 

(b) In accordance with 14 CFR 39.19, the 

Manager, International Branch, ANM–116, 

FAA, Transport Airplane Directorate, is 

authorized to approve alternative methods of 

compliance for this AD.

Note 2: The subject of this AD is addressed 

in French airworthiness directive 2003–

388(B), dated October 15, 2003.

Effective Date 

(c) This amendment becomes effective on 

February 18, 2004.

Issued in Renton, Washington, on January 

28, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–2107 Filed 2–2–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2003–16359; Airspace 

Docket No. 03–ASO–18] 

Establishment of Class D Airspace; 

Hilton Head Island, SC; Correction

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Correcting amendment.

SUMMARY: This document contains a 

correction to the final rule (FAA–2003–

16359; 03–ASO–18), which was 

published in the Federal Register on 

December 24, 2003, (68 FR 74471), 

establishing Class D airspace at Hilton 

Head Island, SC. This action corrects an 

error in the description of the Class D 

airspace in the Summary paragraph.

EFFECTIVE DATE: February 3, 2004.

FOR FURTHER INFORMATION CONTACT:

Walter R. Cochran, Manager, Airspace 

Branch, Air Traffic Division, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–5627.

SUPPLEMENTARY INFORMATION: 

Background 

Federal Register Document 03–31743, 

Docket No. FAA–2003–16359; Airspace 

Docket 03–ASO–18, published on 

December 24, 2003 (68 FR 74471), 

establishes Class D airspace at Hilton 

Head Airport, Hilton Head Island, SC. 

An error was discovered in the 

Summary paragraph, describing the 

Class D airspace area. The description of 

the Class D airspace should be changed 

from airspace extending upward from 

the surface to and including 2,800 feet 

MSL within a 4.1-mile radius of the 

airport to airspace extending upward 

from the surface to and including 2,000 

feet MSL within a 3.9-mile radius of the 

airport. This action corrects the error. 

Designations for Class D airspace are 

published in Paragraph 5000 of FAA 

Order 7400.9L, dated September 2, 

2003, and effective September 16, 2003, 

which is incorporated by reference in 14 

CFR 71.1. The Class D airspace 

designation listed in this document will 

be published subsequently in the Order. 

Need for Correction 

As published, the final rule contains 

an error that incorrectly describes the 

size of the Class D airspace area. 

Accordingly, pursuant to the authority 

delegated to me, the Summary 

paragraph for the Class D airspace at 

Hilton Head Island, SC, incorporated by 

reference at § 71.1, 14 CFR 71.1, and 

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

published in the Federal Register on 

December 24, 2003, (68 FR 74471), is 

corrected by correcting the SUMMARY.

* * * * *

SUMMARY: This action establishes Class 

D airspace at Hilton Head Island, SC. A 

federal contract tower with a weather 

reporting system has been constructed 

at the Hilton Head Airport. Therefore, 

the airport meets criteria for Class D 

airspace. Class D surface area airspace is 

required when the control tower is open 

to contain Standard Instrument 

Approach Procedures (SIAPs) and other 

Instrument Flight Rules (IFR) operations 

at the airport. This action establishes 

Class D airspace extending upward from 

the surface to and including 2,000 feet 

MSL within a 3.9-mile radius of the 

airport.

* * * * *

Issued in College Park, Georgia January 9, 

2004. 

Jeffrey U. Vincent, 

Acting Manager, Air Traffic Division, 

Southern Region.

[FR Doc. 04–2188 Filed 2–2–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2003–16534; Airspace 

Docket No. 03–ASO–19] 

Establishment of Class D and E 

Airspace; Olive Branch, MS and 

Amendment of Class E Airspace; 

Memphis, TN

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action establishes Class 

D and E4 airspace at Olive Branch, MS. 

A federal contract tower with a weather 

reporting system has been constructed 

at the Olive Branch Airport. Therefore, 

the airport meets criteria for Class D and 

E4 airspace. Class D surface area 

airspace and Class E4 airspace 

designated as an extension to Class D 

airspace is required when the control 

tower is open to contain Standard 

Instrument Approach Procedures 

(SIAPs) and other Instrument Flight 

Rules (IFR) operations at the airport. 

This action establishes Class D airspace 

extending upward from the surface to 

but not including 2,900 feet MSL, 

within a 4-mile radius of the Olive 

Branch Airport and Class E4 airspace 

extensions that are 5 miles wide and 

extend 7 miles northeast and south of 

the airport. This action also amends the 

Class E5 airspace area for Memphis, TN, 

which includes the Olive Branch 

Airport, to contain the Nondirectional 

Radio Beacon (NDB) or Global 

Positioning System (GPS) Runway 

(RWY) 18 and RWY 36 SIAPs. 

Controlled airspace extending upward 

from 700 feet Above Ground Level 

(AGL) is needed to contain the 

procedure turn airspace area.

EFFECTIVE DATE: 0901 UTC, April 15, 

2004.

FOR FURTHER INFORMATION CONTACT:

Walter R. Cochran, Manager, Airspace 

Branch, Air Traffic Division, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–5586.

SUPPLEMENTARY INFORMATION: 

History 

On December 9, 2003, the FAA 

proposed to amend part 71 of the 

Federal Aviation Regulations (14 CFR 

part 71) by establishing Class D and E4 

airspace at Olive Branch, MS, and 

amending Class E5 airspace at 

Memphis, TN (68 FR 68573). This 

action provides adequate Class D and E4 

airspace for IFR operations at Olive 

Branch Airport and adequate Class E5 

airspace at Memphis, TN to contain 

SIAPs. Class D airspace designations for 

airspace areas extending upward from 

the surface of the earth, Class E4 

airspace areas designated as an 

extension to a Class D surface area, and 

Class E5 airspace designations for 

airspace extending upward from 700 

feet or more above the surface of the 

earth are published in Paragraphs 5000, 

6004, and 6005 respectively, of FAA 

Order 7400.9L, dated September 2, 

2003, and effective September 16, 2003, 

which is incorporated by reference in 14 

CFR 71.1. The Class D, E4, and E5 

designations listed in this document 

will be published subsequently in the 

Order. 

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. 

The Rule

This amendment to part 71 of the 

Federal Aviation Regulations (14 CFR 

part 71) establishes Class D and E4 

airspace at Olive Branch, MS, and 

amends Class E5 at Memphis, TN. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore, (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) so minimal. Since this 

is a routine matter that will only affect 

air traffic procedures and air navigation, 

it is certified that this rule, when 

promulgated, 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 

proposes to amend 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 7400.9L, Airspace 

Designations and Reporting Points, 

dated September 2, 2003, and effective 

September 16, 2003, is amended as 

follows:

Paragraph 5000 Class D Airspace

* * * * *

ASO MS D Olive Branch, MS [NEW] 

Olive Branch Airport, MS 

(Lat. 34°58′44′′ N, long. 89°47′13′′ W)

That airspace extending upward from the 

surface to and including 2,900 feet MSL 

within a 4-mile radius of Olive Branch 

Airport; excluding that airspace within the 

Memphis Class B airspace area. This Class D 

airspace area is effective during the specific 

days and times established in advance by a 

Notice to Airmen. The effective days and 

times will thereafter be continuously 

published in the Airport/Facility Directory.

* * * * *

Paragraph 6004 Class E4 Airspace Areas 

Designated as an Extension to a Class D 

Airspace Area

* * * * *

ASO MS E4 Olive Branch, MS [NEW] 

Olive Branch Airport, MS 

(Lat. 34°58′44′′ N, long. 89°47′13′′ W)