[Federal Register Volume 62, Number 100 (Friday, May 23, 1997)]
[Rules and Regulations]
[Pages 28340-28341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13570]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Airspace Docket No. 97-ASW-05]
Revocation of Class E Airspace; Alice, TX
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule; request for comments.
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SUMMARY: This action revokes the Class E surface airspace at Alice, TX.
Communication capability with aircraft operating within the surface
area no longer exists; therefore, Class E surface airspace designated
to provide controlled airspace for terminal instrument operations is no
longer required. This action is intended to revoke Class E surface
airspace for aircraft operating under Instrument Flight Rules (IFR) for
terminal operations at Alice International Airport, Alice, TX.
DATES: Effective: 0901 UTC, September 11, 1997. Comment date: Comments
must be received on or before July 22, 1996.
ADDRESSES: Send comments on the rule in triplicate to Manager, Airspace
Branch, Air Traffic Division, Federal Aviation Administration Southwest
Region, Docket No. 97-ASW-05, Fort Worth, TX 76193-0520. The official
docket may be examined in the Office of the Assistant Chief Counsel,
Federal Aviation Administration, Southwest Region, 2601 Meacham
Boulevard, Room 663, Fort Worth, TX, between 9:00 a.m. and 3:00 p.m.,
Monday through Friday, except Federal holidays. An informal docket may
also be examined during normal business hours at the Airspace Branch,
Air Traffic Division, Federal Aviation Administration, Southwest
Region, Room 414, Fort Worth, TX.
FOR FURTHER INFORMATION CONTACT:
Donald J. Day, Airspace Branch, Air Traffic Division, Southwest
Region, Federal Aviation Administration, Fort Worth, TX 76193-0520,
telephone 817-222-5593.
SUPPLEMENTARY INFORMATION: This amendment to part 71 of the Federal
Aviation Regulations (14 CFR part 71) revokes the Class E surface
airspace, providing controlled airspace for IFR terminal operations at
Alice International Airport, Alice, TX. The air traffic control
facility no longer has the capability to communicate with aircraft
operating on the ground surface of the airport. Without communication
capability to the surface, there is no requirement for controlled
airspace for terminal instrument operations. This revocation will avoid
confusion on the part of the pilots flying near the airport, and
promote the safe and efficient handling of air traffic in the area.
This action will revoke the Class E surface airspace at Alice
International Airport, Alice, TX.
Class E airspace designations are published in Paragraph 6002 of
FAA Order 7400.9D, dated September 4, 1996, and effective September 16,
1996, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the order.
The Direct Final Rule Procedure
The FAA anticipates that this regulation will not result in adverse
or negative comment and therefore is issuing it as a direct final rule.
A substantial number of previous opportunities provided to the public
to comment on substantially identical actions have resulted in
negligible adverse comments or objections. 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 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 final rule and was not
preceded by a notice of proposed rulemaking, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications should identify the Rules Docket number and be submitted
in triplicate to the address specified under the caption ADDRESSES. 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
[[Page 28341]]
commenter's ideas and suggestions is extremely helpful in evaluating
the effectiveness of this action and determining whether additional
rulemaking action is 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.
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 No. 97-ASW-05.'' The postcard will be date stamped and
returned to the commenter.
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 the various level of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
Further, the FAA has determined that this regulation is
noncontroversial and unlikely to result in adverse or negative comments
and only involves an established body of technical regulations that
require frequent and routine amendments to keep them operationally
current. Therefore, I certify that this regulation (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) if promulgated, will not have
a significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. Since this rule involves routine matters that will
only affect air traffic procedures and air navigation, it does not
warrant preparation of a Regulatory Flexibility Analysis because the
anticipated impact is so minimal.
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 amends 14 CFR Part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for 14 CFR Part 17 continues to read as
follows:
Authority: 49 U.S.C. app. 40103, 40113, 40120; E.O. 10854; 24 FR
9565, 3 CFR 1959-1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR 11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9D, Airspace Designations and
Reporting Points, dated September 4, 1996, and effective September 16,
1996, is amended as follows:
Paragraph 6002 Class E airspace designated as a surface area for
an airport
* * * * *
ASW TX E2 Alice, TX [Revoked]
* * * * *
Issued in Fort Worth, TX, on May 12, 1997.
Albert L. Viselli,
Acting Manager, Air Traffic Division, Southwest Region.
[FR Doc. 97-13570 Filed 5-22-97; 8:45 am]
BILLING CODE 4910-13-M
