[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]
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