[Federal Register Volume 63, Number 130 (Wednesday, July 8, 1998)]
[Rules and Regulations]
[Pages 36844-36845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18101]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Airspace Docket No. 98-ASW-34]
Revision of Class E Airspace; Refugio, TX
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule; request for comments.
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SUMMARY: This amendment revises Class E airspace at Refugio, TX. The
development of two global positioning system (GPS) standard instrument
approach procedures (SIAP) to the Mellon Ranch Airport at Refugio, TX,
has made this rule necessary. This action is intended to provide
adequate controlled airspace extending upward from 700 feet or more
above the surface for instrument flight rules (IFR) operations to the
Mellon Ranch Airport, Refugio, TX.
DATES: Effective 0901 UTC, October 8, 1998. Comments must be received
on or before August 24, 1998.
ADDRESSES: Send comments on the rule in triplicate to Manager, Airspace
Branch, Air Traffic Division, Federal Aviation Administration,
Southwest Region, Docket No. 98-ASW-34, Fort Worth, TX 76193-0520. The
official docket may be examined in the Office of the Regional Counsel,
Southwest Region, Federal Aviation Administration, 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 14 CFR part 71 revises the
Class E airspace at Refugio, TX. The development of two GPS SIAP's to
the Mellon Ranch Airport, Refugio, TX, has made this rule necessary.
This action is intended to provide adequate controlled airspace
extending upward from 700 feet or more above the surface for IFR
operations to the Mellon Ranch Airport, Refugio, TX.
Class E airspace designations are published in Paragraph 6005 of
FAA Order 7400.9E, dated September 10, 1997, and effective September
16, 1997, which is incorporated by reference in 14 CFR Sec. 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 any
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
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. 98-ASW-34.'' 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
[[Page 36845]]
levels 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
requires 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
Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration amends 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 14 CFR part 71 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854; 24
FR 9563, 3 CFR, 1959-1963 Comp., p. 389.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9E, Airspace Designations and
Reporting Points, dated September 10, 1997, and effective September 16,
1997, is amended as follows:
Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *
ASW TX E5 Refugio, TX [Revised]
Refugio, Mellon Ranch Airport, TX
(lat. 28 deg.16'51''N., long. 97 deg.12'41''W.)
Mellon Ranch NDB
(lat. 28 deg.16'48''N., long. 97 deg.12'21''W.)
Refugio, Rooke Field, TX
(lat. 28 deg.17'37''N., long. 97 deg.19'23''W.)
That airspace extending upward from 700 feet above the surface
within a 6.8-mile radius of Mellon Ranch Airport and within 2.7
miles each side of the 345 deg. bearing from the Mellon Ranch NDB
extending from the 6.8-mile radius to 7.4 miles north of the airport
and within 2.7 miles each side of the 145 deg. bearing from the
Mellon Ranch NDB extending from the 6.8-mile radius to 7.4 miles
south of the airport, excluding that airspace within a \1/2\ mile
radius of Refugio, Rooke Field, TX, and excluding that airspace
within the Rockport, TX, Class E airspace area.
* * * * *
Issued in Fort Worth, TX, on June 30, 1998.
Albert L. Viselli,
Acting Manager, Air Traffic Division, Southwest Region.
[FR Doc. 98-18101 Filed 7-7-98; 8:45 am]
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