[Federal Register Volume 59, Number 90 (Wednesday, May 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11402]


[[Page Unknown]]

[Federal Register: May 11, 1994]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71

[Airspace Docket No. 94-ASW-06]

 

Modification of Class D Airspace: Austin, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This action modifies the Class D airspace area at Austin, TX, 
by amending the areas' effective hours to coincide with the associated 
control tower's hours of operation. The intended effect of this action 
is to clarify when two-way radio communication with this air traffic 
control tower is required.

DATES: Effective date: 0901 UTC, June 23, 1994.
    Comment date: Comments must be received on or before June 16, 1994.

ADDRESSES: Send comments on the rule in triplicate to Manager, System 
Management Branch, Air Traffic Division, Southwest Region, Docket No. 
94-ASW-06, Department of Transportation, Federal Aviation 
Administration, Forth Worth, TX 76193-0530.
    The official docket may be examined in the Office of the Assistant 
Chief Counsel, Southwest Region, Federal Aviation Administration, 2601 
Meacham Boulevard, Forth Worth, TX, between 9 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays. An informal docket may also be 
examined during normal business hours at the System Management Branch, 
Air Traffic Division, Southwest Region, Federal Aviation 
Administration, 2601 Meacham Boulevard, Forth Worth, TX.

FOR FURTHER INFORMATION CONTACT: Alvin DeVane, System Management 
Branch, Air Traffic Division, Department of Transportation, Federal 
Aviation Administration, Forth Worth, TX 76193-0530; telephone: (817) 
222-5595.

SUPPLEMENTARY INFORMATION: 

Request for Comments on the Rule

    Although this action is a final rule, and was not preceded by 
notice and public procedure, comments are invited on the rule. This 
rule will become effective on the date specified in the ``DATES'' 
section. However, after the review of the comments, and, if the FAA 
finds that further changes are appropriate, it will initiate rulemaking 
proceedings, extend the effective date of the rule or to amend the 
regulation.
    Comments that provide the factual basis supporting the views and 
suggestions presented are particularly helpful in evaluating the 
effects of the rule, and in determining whether additional rulemaking 
is required. Comments are specifically invited on the overall 
regulatory, aeronautical, economic, environmental, and energy-related 
aspects of the rule that might suggest the need to modify the rule.

The Rule

    This amendment to part 71 of the Federal Aviation Regulations (14 
CFR part 71) modifies the Class D airspace area at Austin, TX by 
amending the areas' effective hours to coincide with the associated 
control tower's hours of operation. Prior to Airspace Reclassification, 
an airport traffic area (ATA) and a control zone (CZ) existed at this 
airport. However, Airspace Reclassification, effective September 16, 
1993, discontinued the use of the term ``airport traffic area'' and 
``control zone,'' replacing them with the designation ``Class D 
airspace.'' The former CZ was continuous, while the former ATA was 
contingent upon the operation of the air traffic control tower. The 
consolidation of the ATA and CZ into a single Class D airspace 
designation makes it necessary to modify the effective hours of the 
Class D airspace to coincide with the control tower's hours of 
operation. The intended effect of this action is to clarify when two-
way radio communication with this air traffic control tower is 
required.
    The coordinates for this airspace docket are based on North 
American Datum 83. Class D airspace designations are published in 
Paragraphs 5000 of FAA Order 7400.9A dated June 17, 1993, and effective 
September 16, 1993, which is incorporated by reference in 14 CFR 71.1 
(58 FR 36298; July 6, 1993). The Class D airspace designations listed 
in this document will be published subsequently in the Order. Under the 
circumstances presented, the FAA concludes that there is an immediate 
need to modify this Class D airspace area in order to promote the safe 
and efficient handling of air traffic in these areas. Therefore, I find 
that notice and public procedures under 5 U.S.C. 553(b) are 
impracticable and contrary to the public interest.
    The FAA has determined that this regulation only involves an 
established body of technical regulations that need frequent and 
routine amendments to keep them operationally current. 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 will not have a 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

    In consideration of the foregoing, the Federal Aviation 
Administration amends 14 CFR part 71 as follows:

PART 71--[AMENDED]

    1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. app. 1348(a), 1354(a), 1510; E.O. 10854, 
94-24 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 7400.9A, Airspace Designations and 
Reporting Points, dated June 17, 1993, and effective September 16, 
1993, is amended as follows:

Paragraph 5000  General
* * * * *

ASW TX D  Austin Bergstrom AFB, TX [Revised]

Austin, Bergstrom AFB, TX
    (lat. 30 deg.11'42'' N., long. 97 deg.40'37'' W.)
Bergstrom ILS Localizer
    (lat. 30 deg.13'01'' N., long. 97 deg.40'46'' W.)
Bergstrom TACAN
    (lat. 30 deg.11'51'' N., long. 97 deg.40'59'' W.)

    That airspace extending upward from the surface to and including 
3,000 feet MSL within a 4.6-mile radius of Bergstrom AFB and within 
1 mile each side of the Bergstrom ILS localizer south course 
extending from the 4.6-mile radius to 5 miles south of the airport 
and within 1.3 miles each side of the 170 deg. radial of the 
Bergstrom TACAN extending from the 4.6-mile radius to 5 miles south 
of the airport excluding that airspace within the Austin, Robert 
Mueller Municipal Airport, TX, Class C airspace area. This Class D 
airspace area is effective during the specific dates and times 
established in advance by a Notice to Airmen. The effective date and 
time will thereafter be continuously published in the Airport/
Facility Directory.
* * * * *
    Issued in Fort Worth, TX, on May 4, 1994.
James A. Caudle,
Acting Manager, Air Traffic Division, Southwest Region.
[FR Doc. 94-11402 Filed 5-10-94; 8:45 am]
BILLING CODE 4910-13-M