[Federal Register Volume 64, Number 138 (Tuesday, July 20, 1999)]
[Rules and Regulations]
[Pages 38822-38823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18351]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR part 71

[Airspace Docket No. 99-ASW-11]


Revision of Class E Airspace; Raton, NM.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This amendment revises the Class E airspace at Raton, NM. The 
development of a very high frequency omnidirectional range/distance 
measuring equipment (VOR/DME) and global positioning system (GPS) 
standard instrument approach procedure (SIAP), at Raton Municipal/Crews 
Field, Raton, NM, 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 Raton Municipal/Crews Field, Raton, NM.

DATES: Effective: 0901 UTC, November 4, 1999. Comments must be received 
on or before September 3, 1999.

ADDRESSES: Send comments on the rule in triplicate to Manager, Airspace 
Branch, Air Traffic Division, Federal Aviation Administration, 
Southwest Region, Docket No. 99-ASW-11, 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, Forth Worth, TX, between 9:00 AM and 3:00 
PM, 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 Raton, NM. The development of a NDB and GPS SIAP, 
at Raton Municipal/Crews Field, Raton, NM 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 Raton Municipal/Crews Field, Raton, NM.

    Class E airspace designations are published in Paragraph 6005 of 
FAA Order 7400.9F, dated September 10, 1998, and effective September 
16, 1998, 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 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,

[[Page 38823]]

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 data 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. 99-ASW-11.'' 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 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 
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

    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 9565, 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 7400.9F, Airspace Designations and 
Reporting Points, dated September 10, 1998, and effective September 16, 
1998, 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 Raton, NM [Revised]

Raton Municipal/Crews Field, Raton, NM
    (lat. 36 deg.44'30''N., long. 104 deg.30'08''W.)
Cimarron VORTAC
    (lat. 36 deg.29'29''N., long. 104 deg.52'19''W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.7-mile radius of Raton Municipal/Crews Field excluding 
that portion northwest of a line 4.4 miles northwest of and parallel 
to the 050 deg. radial of the Cimarron VORTAC and within 1.6 miles 
each side of the 034 deg. bearing from the airport extending from 
the 6.7-mile radius to 7.8 miles northeast of the airport and within 
3.7 miles each side of the 050 deg. radial of the Cimarron VORTAC 
extending from the 6.7-mile radius to 11.4 miles southwest of the 
airport and that airspace extending upward from 1,200 feet above the 
surface within 5.7 miles northwest of the 050 deg. radial of the 
Cimarron VORTAC extending from the VORTAC to 39.1 miles northeast, 
within 14.4 miles southeast of the Cimarron VORTAC 050 deg. and 
230 deg. radials extending from 1.3 miles southwest to 25.2 miles 
northeast of the VORTAC, and within 7.4 miles southeast of the 
Cimarron VORTAC 050 deg. radial extending from 25.2 miles northeast 
to 39.1 miles northeast of the VORTAC.
* * * * *
    Issued in Fort Worth, TX, on June 15, 1999.
Robert N. Stevens,
Acting Manager, Air Traffic Division, Southwest Region.
[FR Doc. 99-18351 Filed 7-19-99; 8:45 am]
BILLING CODE 4910-13-M