[Federal Register: January 22, 2008 (Volume 73, Number 14)]
[Rules and Regulations]
[Page 3625-3626]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ja08-6]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2008-027; Airspace Docket No. 08-ASW-3]
Proposed Establishment of Class E5 Airspace; Eagle Pass, TX
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule request for comments.
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SUMMARY: This action proposes to establish Class E5 airspace at Eagle
Pass, TX. Additional controlled airspace is necessary to accommodate
aircraft using new RNAV Global Positioning System (GPS) Standard
Instrument Approach Procedures (SIAP). The FAA is proposing this action
to enhance the safety and management of Instrument Flight Rules (IFR)
aircraft operations at Eagle Pass, TX, Maverick County Memorial
International Airport.
DATES: Effective Dates: 0901 UTC April 10, 2008. Comments for inclusion
in the rules Docket must be received on or before February 25, 2008.
The Director of the Federal Register approves this incorporation by
reference action under Title 1, Code of Federal Regulations, part 51,
subject to the annual revision of FAA Order 7400.9 and publication of
conforming amendments.
ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2008-0027/Airspace Docket No. 08-
ASW-3, at the beginning of your comments. You may also submit comments
through the Internet at http://regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in 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 on the ground floor of the building at
the above address.
FOR FURTHER INFORMATION CONTACT: Joe Yadouga, Central Service Center,
System Support Group, Federal Aviation Administration, Southwest
Region, Ft. Worth, Texas 76193-0530; telephone (817) 222-5597.
SUPPLEMENTARY INFORMATION:
The Direct Final Rule Procedure
The FAA anticipates that this regulation will not result in adverse
or
[[Page 3626]]
negative comments, and, therefore, issues it as a direct final rule.
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 above. 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 effective date of
the rule. If the FAA receives, within the comment period, an adverse or
negative comment, or written comment 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. An electronic copy of this document
may be downloaded from http://www.regulations.gov. Communications
should identify both docket numbers and be submitted in triplicate to
the address specified under the caption ADDRESSES above or through the
Web site. 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.
The Rule
This amendment to Title 14, Federal Regulations (14 CFR) part 71
establishes Class E5 airspace at Eagle Pass, TX providing the airspace
required to support the new RNAV (GPS) RWY 13/31 approach developed for
IFR landings at Maverick County Memorial International Airport.
Controlled airspace extending upward from 700 feet above the surface is
required to encompass all SIAPs and for the safety of IFR operations at
Maverick County Memorial International Airport. Designations for Class
E5 airspace areas extending upward from 700 feet above the surface of
the earth are published in the FAA Order 7400.9R, signed August 15,
2007 and effective September 15, 2007, which is incorporated by
reference in 14 CFR 71.1. Class E5 designations listed in this document
will be published subsequently in the Order.
Agency Findings
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among various levels of government. Therefore, it is
determined that this final rule does not have federalism implication
under Executive Order 13132.
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, is
non-controversial and unlikely to result in adverse or negative
comments. 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) 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, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
The FAA's authority to issue rules regarding aviation safety is
found in Title 49, of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
This rulemaking is promulgated under the authority described in
subtitle VII, Part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes Class E5 airspace near Eagle Pass, TX.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (Air).
Adoption of the Amendment
0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE 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 7400.9R, Airspace Designation and Reporting
Points, signed August 15, 2007, and effective September 15, 2007, is
amended as follows:
Paragraph 6002 Class E5 airspace areas extending upward from 700
feet above the surface of the earth
* * * * *
ASW TX Class E5 Eagle Pass, TX [New]
Maverick County Memorial International Airport
(lat. 28[deg] 51.43'N., long. 100[deg]30.81'W.)
That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Maverick County Memorial International
Airport to exclude the international boundaries of Mexican airspace.
This Class E5 airspace is effective during specific dates and times
established in advance by Notice to Airmen. The effective date and
time will thereafter be continuously published in the Airport/
Facility Directory.
* * * * *
Issued in Fort Worth, TX, on January 9, 2008.
Donald R. Smith,
Manager, System Support Group, ATO Central Service Center.
[FR Doc. 08-164 Filed 1-18-08; 8:45 am]
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