[Federal Register Volume 69, Number 98 (Thursday, May 20, 2004)]
[Rules and Regulations]
[Pages 29059-29060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11449]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2004-17260; Airspace Docket No. 2004-ASW-08]


Establishment to Class E Airspace; Clayton, NM

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action establishes the Class E airspace area at Clayton 
Municipal Airport, Clayton, NM (CAO) to provide adequate controlled 
airspace for the area navigation (RNAV) global positioning system (GPS) 
standard instrument approach procedure (SIAP).

DATES: Effective 0901 UTC, August 5, 2004.
    Comments for inclusion in the Rules Docket must be received on or 
before July 19, 2004.

ADDRESSES: Send comments on the rule to the Docket Management System, 
U.S. Department of Transportation, Room Plaza 401, 400 Seventh Street, 
SW., Washington, DC 20590-0001. You must identify the docket number, 
FAA-2004-17260/Airspace Docket No. 2004-ASW-08, at the beginning of 
your comments. You may also submit comments on the Internet at http://dms.dot.gov. You may review the public docket containing any comments 
received and this direct final rule in person at the Dockets Office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Office (telephone 1-800-647-5527) is located on 
the plaza level of the Department of Transportation NASSIF Building at 
the street address stated previously.
    An informal docket may also be examined during normal business 
hours at the office of the Air Traffic Division, Airspace Branch, 
Federal Aviation Administration, Southwest Region, 2601 Meacham 
Boulevard, Fort Worth, TX. Call the manager, Airspace Branch, ASW-520, 
telephone (817) 222-5520; fax (817) 222-5981, to make arrangements for 
your visit.

FOR FURTHER INFORMATION CONTACT: Joseph R. Yadouga, Air Traffic 
Division, Airspace Branch, Federal Aviation Administration, Southwest 
Region, Fort Worth, TX 76193-0520; telephone: (817) 222-5597.

SUPPLEMENTARY INFORMATION: This amendment to 14 CFR part 71 establishes 
a Class E airspace area extending upward from 700 feet above the 
surface of Clayton, NM and will be published in paragraph 6005 of FAA 
Order 7400.9L, dated September 2, 2003, and effective September 16, 
2003, which is incorporated by reference in 14 CFR 71.1.

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in an 
adverse or negative comment, and, therefore, issues it as a direct 
final rule. The FAA has determined that this regulation only involves 
an established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
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. 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,

[[Page 29060]]

within the comment period, an adverse or negative comment, or written 
notice of an 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 direct final rule, and was 
not preceded by a notice of proposed rulemaking, interested persons are 
invited to comment on this rule by submitting such written data, views, 
or arguments as they may desire. Communications must identify both 
docket numbers. 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 would be 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.

Agency Findings

    This rule does not have federalism implications, as defined in 
Executive Order No. 13132, because it does not have a substantial 
direct effective 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. Accordingly, 
the FAA has not consulted with state authorities prior to publication 
of this rule.
    The FAA has determined that this regulation is noncontroversial and 
unlikely to result in adverse or negative comments. For the reasons 
discussed in the preamble, I certify that this regulation (1) is not a 
``significant regulatory action'' under Executive Order 12866; (2) is 
not a ``significant rule'' under Department of Transportation (DOT) 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) does not warrant preparation of a Regulatory Evaluation as 
these routine matters will only affect air traffic procedures and air 
navigation. It is certified that this rule will not have 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

0
Accordingly, pursuant to the authority delegated to me, the Federal 
Aviation Administration amends part 71 of the Federal Aviation 
Regulations (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

0
1. The authority citation for 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]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation 
Administration Order 7400.9L, Airspace Designations and Reporting 
Points, dated September 2, 2003, and effective September 16, 2003, 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 Clayton, NM [New]

Clayton Municipal Airport, NM
    Lat. 36[deg]26'43'' N, long. 103[deg]9'1'' W

    That airspace extending upward from 700 feet above the surface 
within a 6.8-mile radius of the Clayton Municipal Airport; that 
airspace extending upward from 1,200 feet above the surface bounded 
by a line beginning at lat. 36[deg]41'37'' N., long. 103[deg]11'20'' 
W., to lat. 35[deg]59'43'' N., long. 103[deg]33'44'' W., to lat. 
36[deg]7'10'' N., long. 102[deg]52'7'' W., to lat. 36[deg]15'19'' 
N., long. 102[deg]47'41'' W., to the point of beginning; excluding 
that airspace within Federal Airways.
* * * * *

    Issued in Fort Worth, TX, on May 10, 2004.
Donald R. Smith,
Acting Director of Central En Route and Oceanic Operations.
[FR Doc. 04-11449 Filed 5-19-04; 8:45 am]
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