[Federal Register Volume 62, Number 58 (Wednesday, March 26, 1997)]
[Proposed Rules]
[Pages 14375-14376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7667]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71

[Airspace Docket No. 96-ASW-28]


Proposed Establishment of Class E Airspace; New Mexico, NM

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice proposes to establish Class E airspace extending 
upward from 1,200 feet above ground level (AGL) within Restricted Area 
R-5107B, and the portion of Restricted Area R-5107A north of latitude 
32 deg.18'00''N, located in south/central New Mexico. These White Sands 
Missile Range restricted areas are currently excluded from Class E 
airspace extending upward from 1,200 feet AGL within the boundary of 
the state of New Mexico. The intended effect of this proposal is to 
provide controlled airspace for aircraft operating within confines of 
Restricted Area R-5107B and that portion of Restricted Area R-5107A 
north of latitude 32 deg.18'00''N., White Sands Missile Range, New 
Mexico, NM.

DATES: Comments must be received on or before May 27, 1997.

ADDRESSES: Send comments on the proposal in triplicate to Manager, 
Airspace Branch, Air Traffic Division, Federal Aviation Administration, 
Southwest Region, Docket No. 96-ASW-28, Fort Worth, TX 76193-0530. The 
official docket may be examined in the Office of the Assistant Chief 
Counsel, Federal Aviation Administration, Southwest Region, 2601 
Meacham Boulevard, Forth 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, 2601 Meacham Boulevard, Fort Worth, TX.

FOR FURTHER INFORMATION CONTACT: Donald J. Day, Airspace Branch, Air 
Traffic Division, Federal Aviation Administration, Southwest Region, 
Fort Worth, TX 76193-0530; telephone: (817) 222-5593.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory

[[Page 14376]]

decisions on the proposal. Comments are specifically invited on the 
overall regulatory, aeronautical, economic, environmental, and energy-
related aspects of the proposal. Communications should identify the 
airspace docket number and be submitted in triplicate to the address 
listed under the caption ADDRESSES. Commenters wishing the FAA to 
acknowledge receipt of their comments on this notice must submit, with 
those comments, a self-addressed, stamped, postcard containing the 
following statement: ``Comments to Airspace Docket No. 96-ASW-28.'' The 
postcard will be date/time stamped and returned to the commenter. All 
comments received on or before the specific closing dates will be 
considered before taking action on the proposed rule. The proposal 
contained in this notice may be changed in the light of comments 
received. All comments submitted will be available for examination in 
the Office of the Assistant Chief Counsel, Federal Aviation 
Administration, Southwest Region, 2601 Meacham Boulevard, Fort Worth, 
TX, both before and after the closing date for comments. A report 
summarizing each substantive public contact with FAA personnel 
concerned with this rulemaking will be filed in the docket.

Availability of NPRM's

    Any person may obtain a copy of this Notice of Proposed Rulemaking 
(NPRM) by submitting a request to the Airspace Branch, Air Traffic 
Division, Federal Aviation Administration, Southwest Region, Forth 
Worth, TX 76193-0530. Communications must identify the notice number of 
this NPRM. Persons interested in being placed on a mailing list for 
future NPRM's should also request a copy of advisory Circular No. 11-2A 
that describes the application procedure.

The Proposal

    The FAA is considering an amendment to part 71 of the Federal 
Aviation Regulations (14 CFR part 71) to establish Class E airspace, 
controlled airspace extending upward from 1,200 feet AGL within the 
confines of Restricted Area R-5107B and a portion of R-5107A north of 
latitude 32 deg.18'00''N, White Sands Missile Range, New Mexico, NM. 
White Sands Missile Range has upgraded the radar coverage within this 
area to provide air traffic control services for aircraft authorized to 
operate within this restricted area. The intended effect of this 
proposal is to provide adequate Class E airspace for aircraft operating 
within the boundaries of Restricted Area R-5107B and the portion of 
Restricted Area R-5107A north of latitude 32 deg.18'00''N, White Sands 
Missile Range, New Mexico, NM.
    The coordinates for this airspace docket are based on North 
American Datum 83. Designated Class E airspace areas extending upward 
from 700 feet or more above ground level are published in Paragraph 
6005 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 would be 
published subsequently in the order.
    The FAA has determined that this proposed 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, when promulgated, will not have a significant 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).

The Proposed Amendment

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

PART 71--[AMENDED]

    1. The authority citation for 14 CFR part 71 continues to read as 
follows:

    Authority: 49 U.S.C. 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 6005  Class E airspace areas extending upward from 700 feet 
or more above the surface of the earth.

* * * * *

ASW NM E5 New Mexico, NM [Amended]

    On the eighteenth and nineteenth line, change ``excluding 
Restricted Areas R-5101, R-5107B, and the portion of R-5107A north 
of Lat. 32 deg.18'00''N to read ``excluding Restricted Area R-
5101,''
* * * * *
    Issued in Forth Worth, TX, on March 19, 1997.
Albert L. Viselli,
Acting Manager, Air Traffic Division, Southwest Region.
[FR Doc. 97-7667 Filed 3-25-97; 8:45 am]
BILLING CODE 4910-13-M