[Federal Register Volume 70, Number 236 (Friday, December 9, 2005)]
[Rules and Regulations]
[Pages 73134-73135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23845]



[[Page 73134]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2005-23009; Airspace Docket No. 2005-ASW-18]


Modification to Class E Airspace; Del Rio, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action modifies the Class E airspace area at Del Rio, TX. 
The use of MOSAIC RADAR allows Laughlin AFB Radar Approach Control to 
control a larger area enabling the air traffic control system to better 
serve local and itinerant air traffic in the Del Rio, TX airspace.

DATES: Effective 0901 UTC, February 16, 2006.
    Comments for inclusion in the Rules Docket must be received on or 
before January 16, 2006.

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-2005-23009/Airspace Docket No. 2005-ASW-23009/Airspace Docket No. 
2005-ASW-18, at the beginning of your comments. You may also submit 
comments on the Internet at the DOT docket Web site, http://dms.dot.gov 
or the government-wide Web site, http://regulations.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 hand deliver your comments and 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 modified 
Class E airspace area from the surface designated as an extension area 
at Del Rio, TX, and will be published in paragraph 6003 of FAA Order 
7400.9N, dated September 1, 2004, and effective September 16, 2005, 
which is incorporated by reference in 14 CFR 71.1.
    This amendment to 14 CFR Part 71 also modifies the Class E airspace 
area extending upward from 700 feet or more above the surface at Del 
Rio, XT, and will be published in paragraph 6005 of FAA Order 7400.9N, 
dated September 1, 2005, and effective September 16, 2005, 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 a significant 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act.

Authority for This Rulemaking

    The FAA authority to issue rules regarding aviation safety is found 
in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart I, Section 40103, ``Sovereignty and use 
of airspace.'' Under that section, the FAA is charged with developing 
plans and policy for the use of the navigable

[[Page 73135]]

airspace and assigning by regulation or order the airspace necessary to 
ensure the safety of aircraft and the efficient use of airspace. The 
FAA may modify or revoke an assignment when required in the public 
interest. This regulation is within the scope of that authority because 
it is in the public interest to provide greater control of the airspace 
for the safety of aircraft operating in the vicinity of the newly 
established airport traffic control tower.

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 9563, 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 7400.9N, Airspace Designations and Reporting 
Points, dated September 1, 2005, and effective September 16, 2005, is 
amended as follows:

Paragraph 6003 Class E Airspace Area From the Surface Designated as 
an Extension

* * * * *

ASW TX E3 Del Rio, TX [Revised]

Del Rio, Laughlin ABF, TX
    Lat. 29[deg]21'34'' N, long. 100[deg]45'41'' W
Laughlin VORTAC
    Lat. 29[deg]21'39'' N, long. 100[deg]46'18'' W

    That airspace extending upward from the surface within 2 miles 
each side of the 003[deg] radial of the Laughlin VORTAC extending 
from the 5 mile radius of Laughlin AFB to 10 mile radius north of 
the airport, and a south extension from the 070[deg] radial of the 
Laughlin VORTAC clockwise to the 195[deg] radial from the 5 mile 
radius of Laughlin AFB to 5.5 mile radius, and 2.6 miles each side 
of the 145[deg] radial of the Laughlin VORTAC extending from 5.5 
miles to 6.6 miles and 2.6 miles each side of the 305[deg] radial of 
the Laughlin VORTAC from the 5 mile radius of Laughlin AFB to 6.6 
mile radius northeast of Laughlin AFB. This Class E 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.

Paragraph 6005 Class E Airspace Areas Extending upward from 700 
feet or more above the Surface of the Earth.

* * * * *

ASW TX E5 Del Rio, TX [Revised]

Del Rio, Laughlin ABF, TX
    Lat. 29[deg]21'34'' N, long. 100[deg]46'41'' W
Laughlin VORTAC
    Lat. 29[deg]21'39'' N, long. 100[deg]46'18'' W

    That airspace extending upward from 700 feet above the surface 
within a 20 miles radius of Laughlin VORTAC excluding Mexican 
airspace.
* * * * *

    Dated: Issued in Fort Worth, TX, on December 1, 2005.
William C. Yuknewicz,
Acting Area Director, Central En Route and Oceanic Operations.
[FR Doc. 05-23845 Filed 12-8-05; 8:45 am]
BILLING CODE 4910-13-M