[Federal Register: November 8, 2004 (Volume 69, Number 215)]
[Rules and Regulations]
[Page 64656-64657]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08no04-6]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2004-19404; Airspace Docket No. 2004-ASW-13]
Modification to Class D Airspace; Alamogordo, NM
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This action modifies the Class D airspace area at Holloman Air
Force Base, Alamogordo, NM (HMN). The closure of Midway Airport,
Alamogordo, NM has made this rule necessary. The intended effect of
this rule is to modify the controlled airspace to include that area
within the 4.8-mile radius of Holloman Air Force Base originally
excluded because of Midway Airport.
DATES: Effective 0901 UTC, March 17, 2005.
Comments for inclusion in the Rules Docket must be received on or
before December 15, 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-2004-19404/Airspace Docket No. 2004-ASW-13, at the beginning of
your comments. You may also submit comments on the Internet at http://dms.dot.gov.
Anyone can find and read the comments received in this
docket, including the name, address and any other personal information
placed in the docket by a commenter. 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 modifies
the Class D airspace designation for an airspace area from the surface
up to but not including 6,600 feet MSL at Holloman Air Force Base,
Alamogordo, NM and will be published in paragraph 5000 of FAA Order
7400.9M, dated August 30, 2004, and effective September 16, 2004, 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, 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
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 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. 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, 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. I certify 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
[[Page 64657]]
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. 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 7400.9M, Airspace Designations and Reporting
Points, dated august 30, 2004, and effective September 16, 2004, is
amended as follows:
Paragraph 500 Class D Airspace Areas Extending Upward From the Surface
of the Earth.
* * * * *
ASW NM D Alamogordo, TX [Revised]
Alamogordo, Holloman AFB, NM
Lat. 32[deg]51[min]09[sec] N, long. 106[deg]06[min]23[sec] W
Alamogordo-White Sands Regional Airport, NM
Lat. 32[deg]50[min]24[sec] N, long. 105[deg]59[min]26[sec] W
Holloman ILS Localizer
Lat. 32[deg]49[min]48[sec] N, long. 106[deg]06[min]31[sec] W
That airspace extending upward from the surface up to and including
6,600 feet MSL within a 4.8-mile radius of Holloman AFB, NM and within
1 mile each side of the Holloman ILS Localizer northwest course
extending from the 4.8-mile radius to 5.4 miles northwest of the
airport excluding that airspace within 2-mile radius of the Alamogordo-
White Sands Regional Airport, NM.
* * * * *
Issued in Fort Worth, TX, on October 25, 2004.
Herman J. Lyons, Jr.,
Area Director, Central En Route and Oceanic Operations.
[FR Doc. 04-24848 Filed 11-5-04; 8:45 am]
BILLING CODE 4910-13-M