[Federal Register: May 20, 2004 (Volume 69, Number 98)]
[Rules and Regulations]
[Page 29059-29060]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20my04-8]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2004-17260; Airspace Docket No. 2004-ASW-08]
Establishment to Class E Airspace; Clayton, NM
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule; request for comments.
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SUMMARY: This action establishes the Class E airspace area at Clayton
Municipal Airport, Clayton, NM (CAO) to provide adequate controlled
airspace for the area navigation (RNAV) global positioning system (GPS)
standard instrument approach procedure (SIAP).
DATES: Effective 0901 UTC, August 5, 2004.
Comments for inclusion in the Rules Docket must be received on or
before July 19, 2004.
ADDRESSES: Send comments on the rule 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-2004-17260/Airspace Docket No. 2004-ASW-08, 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 any comments
received and this direct final rule in person at the Dockets Office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Office (telephone 1-800-647-5527) is located on
the plaza level of the Department of Transportation NASSIF Building at
the street address stated previously.
An informal docket may also be examined during normal business
hours at the office of the Air Traffic Division, Airspace Branch,
Federal Aviation Administration, Southwest Region, 2601 Meacham
Boulevard, Fort Worth, TX. Call the manager, Airspace Branch, ASW-520,
telephone (817) 222-5520; fax (817) 222-5981, to make arrangements for
your visit.
FOR FURTHER INFORMATION CONTACT: Joseph R. Yadouga, Air Traffic
Division, Airspace Branch, Federal Aviation Administration, Southwest
Region, Fort Worth, TX 76193-0520; telephone: (817) 222-5597.
SUPPLEMENTARY INFORMATION: This amendment to 14 CFR part 71 establishes
a Class E airspace area extending upward from 700 feet above the
surface of Clayton, NM and will be published in paragraph 6005 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 Direct Final Rule Procedure
The FAA anticipates that this regulation will not result in an
adverse or negative comment, and, therefore, issues it as a direct
final rule. 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.
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. 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,
[[Page 29060]]
within the comment period, an adverse or negative comment, or written
notice of an 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
Although this action is in the form of a direct final rule, and was
not preceded by a notice of proposed rulemaking, interested persons are
invited to comment on this rule by submitting such written data, views,
or arguments as they may desire. Communications must identify both
docket numbers. All communications received on or before the closing
date for comments will be considered, and this rule may be amended or
withdrawn in light of the comments received. Factual information that
supports the commenter's ideas and suggestions is extremely helpful in
evaluating the effectiveness of this action and determining whether
additional rulemaking action would be needed.
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
action will be filed in the Rules Docket.
Agency Findings
This rule does not have federalism implications, as defined in
Executive Order No. 13132, because it does not have a substantial
direct effective 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. Accordingly,
the FAA has not consulted with state authorities prior to publication
of this rule.
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) does not warrant preparation of a Regulatory Evaluation as
these routine matters will only affect air traffic procedures and air
navigation. It is certified that this rule will not have 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
0
Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration amends part 71 of the Federal Aviation
Regulations (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
0
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.
Sec. 71.1 [Amended]
0
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 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *
ASW NM E5 Clayton, NM [New]
Clayton Municipal Airport, NM
Lat. 36[deg]26'43'' N, long. 103[deg]9'1'' W
That airspace extending upward from 700 feet above the surface
within a 6.8-mile radius of the Clayton Municipal Airport; that
airspace extending upward from 1,200 feet above the surface bounded
by a line beginning at lat. 36[deg]41'37'' N., long. 103[deg]11'20''
W., to lat. 35[deg]59'43'' N., long. 103[deg]33'44'' W., to lat.
36[deg]7'10'' N., long. 102[deg]52'7'' W., to lat. 36[deg]15'19''
N., long. 102[deg]47'41'' W., to the point of beginning; excluding
that airspace within Federal Airways.
* * * * *
Issued in Fort Worth, TX, on May 10, 2004.
Donald R. Smith,
Acting Director of Central En Route and Oceanic Operations.
[FR Doc. 04-11449 Filed 5-19-04; 8:45 am]
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