[Federal Register Volume 69, Number 215 (Monday, November 8, 2004)]
[Rules and Regulations]
[Pages 64656-64657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24848]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2004-19404; Airspace Docket No. 2004-ASW-13]


Modification to Class D Airspace; Alamogordo, NM

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action modifies the Class D airspace area at Holloman Air 
Force Base, Alamogordo, NM (HMN). The closure of Midway Airport, 
Alamogordo, NM has made this rule necessary. The intended effect of 
this rule is to modify the controlled airspace to include that area 
within the 4.8-mile radius of Holloman Air Force Base originally 
excluded because of Midway Airport.

DATES: Effective 0901 UTC, March 17, 2005.
    Comments for inclusion in the Rules Docket must be received on or 
before December 15, 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-2004-19404/Airspace Docket No. 2004-ASW-13, at the beginning of 
your comments. You may also submit comments on the Internet at http://dms.dot.gov. Anyone can find and read the comments received in this 
docket, including the name, address and any other personal information 
placed in the docket by a commenter. 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 modifies 
the Class D airspace designation for an airspace area from the surface 
up to but not including 6,600 feet MSL at Holloman Air Force Base, 
Alamogordo, NM and will be published in paragraph 5000 of FAA Order 
7400.9M, dated August 30, 2004, and effective September 16, 2004, 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, 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 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 effect 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, 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. I certify 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

[[Page 64657]]

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. 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 7400.9M, Airspace Designations and Reporting 
Points, dated august 30, 2004, and effective September 16, 2004, is 
amended as follows:

Paragraph 500 Class D Airspace Areas Extending Upward From the Surface 
of the Earth.

* * * * *

ASW NM D Alamogordo, TX [Revised]

Alamogordo, Holloman AFB, NM
    Lat. 32[deg]51[min]09[sec] N, long. 106[deg]06[min]23[sec] W
Alamogordo-White Sands Regional Airport, NM
    Lat. 32[deg]50[min]24[sec] N, long. 105[deg]59[min]26[sec] W
Holloman ILS Localizer
    Lat. 32[deg]49[min]48[sec] N, long. 106[deg]06[min]31[sec] W

    That airspace extending upward from the surface up to and including 
6,600 feet MSL within a 4.8-mile radius of Holloman AFB, NM and within 
1 mile each side of the Holloman ILS Localizer northwest course 
extending from the 4.8-mile radius to 5.4 miles northwest of the 
airport excluding that airspace within 2-mile radius of the Alamogordo-
White Sands Regional Airport, NM.
* * * * *

    Issued in Fort Worth, TX, on October 25, 2004.
Herman J. Lyons, Jr.,
Area Director, Central En Route and Oceanic Operations.
[FR Doc. 04-24848 Filed 11-5-04; 8:45 am]
BILLING CODE 4910-13-M