[Federal Register Volume 70, Number 236 (Friday, December 9, 2005)]
[Rules and Regulations]
[Pages 73131-73132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23847]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2005-22999; Airspace Docket No. 2005-ASW-20]


Establishment of Class D Airspace, Modification to Class E; 
Galveston, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action establishes the Class D and modifies the Class E 
airspace area at Scholes INTL at Galveston, Galveston, TX. Establishing 
an Airport Traffic Control Tower at Scholes INTL at Galveston, 
Galveston, TX, has made this rule necessary. The intended effect of 
this proposal is to provide adequate controlled airspace for aircraft 
operating in the vicinity of Scholes INTL at Galveston, Galveston, TX.

DATES: Effective 0901 UTC, February 15, 2006.
    Comments for inclusion in the Rules Docket must be received on or 
before January 15, 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-2005-22999/Airspace Docket No. 2005-ASW-20, 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 establishes 
a Class D airspace designation for an airspace area from the surface up 
to but not including 2,500 feet MSL at Scholes INTL at Galveston, 
Galveston, TX and will be published in paragraph 5000 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 the surface at Scholes INTL at Galveston, 
Galveston, TX, and will be published in paragraph 6000 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

[[Page 73132]]

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

Paragraph 5000 Class D Airspace Areas Extending Upward From the 
Surface of the Earth

* * * * *

ASW TX D Galveston, Galveston, TX [New]

Scholes INTL at Galveston, TX
    Lat. 29[deg]15'55'' N, long. 94[deg]51'38'' W

    That airspace extending upward from the surface up to but not 
including 2,500 feet MSL within a 4.1-mile radius of Scholes INTL at 
Galveston, Galveston, TX. 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.

Paragraph 6000 Class E Airspace Areas Extending Upward From the 
Surface of the Earth

* * * * *

ASW TX E2 Galveston, TX [Revised]

Scholes INTL at Galveston, Galveston, TX
    Lat. 29[deg]15'55'' N, long 94[deg]51'38'' W

    That airspace extending upward from the surface within a 4.1-
mile radius of Scholes INTL at Galveston, Galveston, TX. 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.
* * * * *

    Issued in Fort Worth, TX, on December 1, 2005.
William C. Yuknewicz,
Acting Area Director, Central En Route and Oceanic Operations.
[FR Doc. 05-23847 Filed 12-8-05; 8:45 am]
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