[Federal Register Volume 73, Number 130 (Monday, July 7, 2008)]
[Rules and Regulations]
[Pages 38313-38314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14921]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0683; Airspace Docket No. 08-ASW-11]


Establishment of Class E Airspace; Plains, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action establishes Class E5 airspace at Plains, TX. 
Additional controlled airspace is necessary to accommodate aircraft 
using new RNAV Global Positioning System (GPS) Standard Instrument 
Approach Procedures (SIAP) at Yoakum County Airport, Plains, TX. This 
action will enhance the safety and management of Instrument Flight 
Rules (IFR) aircraft operations at Yoakum County Airport.

DATES: Effective Date: 0901 UTC September 25, 2008. Comments for 
inclusion in the rules Docket must be received August 21, 2008. The 
Director of the Federal Register approves this incorporation by 
reference action under Title 1, Code of Federal Regulations, part 51, 
subject to the annual revision of FAA Order 7400.9 and publication of 
conforming amendments.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West 
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You 
must identify the docket number FAA-2008-0683/Airspace Docket No. 08-
ASW-11, at the beginning of your comments. You may also submit comments 
through the Internet at http://regulations.gov. You may review the 
public docket containing the proposal, any comments received, and any 
final disposition in person in 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 on the ground floor of the building at 
the above address.

FOR FURTHER INFORMATION CONTACT: Gary A. Mallett, Central Service 
Center, Operations Support Group, Federal

[[Page 38314]]

Aviation Administration, Southwest Region, Fort Worth, TX 76193-0530; 
telephone (817) 222-4949.

SUPPLEMENTARY INFORMATION: 

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse 
or negative comments, and, therefore, issues it as a direct final rule. 
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 effective date of 
the rule. If the FAA receives, within the comment period, an adverse or 
negative comment, or written comment 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. An electronic copy of this document 
may be downloaded from http://www.regulations.gov. Communications 
should identify both docket numbers and be submitted in triplicate to 
the address specified under the caption ADDRESSES above or through the 
Web site. 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.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR) 
part 71 establishes Class E airspace at Plains, TX, providing the 
airspace required to support the new RNAV (GPS) RWY 03/21 approach 
developed for IFR landings at Yoakum County Airport. Controlled 
airspace extending upward from 700 feet above the surface is required 
to encompass all SIAPs and for the safety of IFR operations at Yoakum 
County Airport. Designations for Class E5 airspace areas extending 
upward from 700 feet above the surface of the earth are published in 
the FAA Order 7400.9R, signed August 15, 2007, and effective September 
15, 2007, which is incorporated by reference in 14 CFR part 71.1. Class 
E5 designations listed in this document will be published subsequently 
in the Order.

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 various levels of government. Therefore, it is 
determined that this final rule does not have federalism implication 
under Executive Order 13132.
    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, is 
non-controversial and unlikely to result in adverse or negative 
comments. It, therefore, (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) does not warrant preparation of a Regulatory Evaluation 
as the anticipated impact is so minimal since this is a routine matter 
that will only affect air traffic procedures and air navigation, it is 
certified that this rule, when promulgated, will not have a significant 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act.
    The FAA's 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. Under that section, the 
FAA is charged with prescribing regulations to assign the use of 
airspace necessary to ensure the safety of aircraft and the efficient 
use of airspace. This regulation is within the scope of that authority 
as it establishes Class E5 airspace at Yoakum County Airport, Plains, 
TX.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration 
amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE 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 7400.9R, Airspace Designation and Reporting 
Points, signed August 15, 2007, and effective September 15, 2007, is 
amended as follows:

Paragraph 6002 Class E5 airspace areas extending upward from 700 
feet above the surface of the earth.

* * * * *

ASW TX CLASS E5 Plains, TX [New]

Yoakum County Airport
    (Lat. 33[deg]13'02'' N., long. 102[deg]49'49'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.54-mile radius of Yoakum County Airport.
* * * * *

    Issued in Fort Worth, TX, on June 24, 2008.
Donald R. Smith,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. E8-14921 Filed 7-3-08; 8:45 am]
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