[Federal Register Volume 65, Number 11 (Tuesday, January 18, 2000)]
[Rules and Regulations]
[Page 2639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-113]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR part 71

[Airspace Docket No. 99-ASW-32]


Revision of Class D Airspace; Hobbs, NM

AGENCY:  Federal Aviation Administration (FAA), DOT.

ACTION:  Direct final rule; request for comments.

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SUMMARY:  This amendment revises the Class D airspace at Hobbs, NM. The 
need to clarify the legal description of the Hobbs, NM Class D airspace 
in order to prevent confusion among users of the airspace 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 in the vicinity of Hobbs, NM.

DATES:  Effective 0901 UTC, April 20, 2000.
    Comments must be received on or before March 3, 2000.

ADDRESSES:  Send comments on the rule in triplicate to Manager, 
Airspace Branch, Air Traffic Division, Federal Aviation Administration, 
Southwest Region, Docket No. 99-AWS-32, Fort Worth, TX 76193-0520.
    The official docket may be examined in the Office in the Regional 
Counsel, Southwest Region, Federal Aviation Administration, 2601 
Meacham Boulevard, Room 663, Fort 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 D airspace at Hobbs, NM. Upon a comparison of the description 
of the Hobbs, NM Class D airspace as described in Federal Aviation 
Administration Order 7400.9G, Airspace Designations and Reporting 
Points, dated September 1, 1999 and the Albuquerque Sectional 
Aeronautical Chart, dated November 4, 1999, the FAA discovered a 
discrepancy in the Hobbs, NM Class D airspace. This rule clarifies the 
legal description of the Hobbs, NM Class D airspace in order to prevent 
confusion among users of the airspace. 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 in 
the vicinity of Hobbs, NM.
    Class D airspace designations are published in Paragraph 5000 of 
FAA Order 7400.9G, dated September 1, 1999, and effective September 16, 
1999, which is incorporated by reference in 14 CFR Sec. 71.1. The Class 
D 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 
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-AWS-32.'' 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, it 
is determined that this final rule will not have federalism 
implications under Executive Order 13232.
    Further, the FAA have 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 frequently 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

[[Page 2538]]

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 D 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 7400.9G, Airspace Designations and 
Reporting Points, dated September 1, 1999, and effective September 16, 
1999, is amended as follows:

Paragraph 5000 class D airspace areas.

* * * * *

ASW NM D Hobbs, NM [Revised]

Lea County (Hobbs) Airport, NM
    (Lat. 32 deg.41'15"N., long. 103 deg.13'02"W.)
Lea County ILS Localizer
    (Lat. 32 deg.41'39"N., long. 103 deg.12'27"W.)

    That airspace extending upward from the surface to and including 
6,200 feet MSL within a 4.2-mile radius of Lea County (Hobbs) 
Airport and within 1.3 miles each side of the Lea County ILS 
Localizer northeast course extending from the 4.2-mile radius to 5.3 
miles northeast of the airport. 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 December 8, 1999.
JoEllen Csilio,
Assistant Manager, Air Traffic Division, Southwest Region.
[FR Doc. 00-113 Filed 1-14-00; 8:45 am]
4910-13-M