[Federal Register Volume 73, Number 132 (Wednesday, July 9, 2008)]
[Rules and Regulations]
[Pages 39220-39221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15237]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2007-0915; Airspace Docket No. 07-ASW-13]


Establishment of Class D Airspace; Albuquerque, NM

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class D airspace at Albuquerque, NM. 
Establishment of an air traffic control tower at Double Eagle II 
Airport, Albuquerque, NM, has made this action necessary for the safety 
of Instrument Flight Rule (IFR) operations at the airport. This action 
also makes minor corrections to the geographic coordinates of the 
airport.

DATES: Effective Date: 0901 UTC, September 25, 2008. The Director of 
the Federal Register approves this incorporation by reference action 
under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 
and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Gary Mallett, Central Service Center, 
Operations Support Group, Federal Aviation Administration, Southwest 
Region, 2601 Meacham Blvd., Fort Worth, TX 76193-0530; telephone (817) 
222-4949.

SUPPLEMENTARY INFORMATION:

History

    On April 9, 2008, the FAA published in the Federal Register a 
notice of proposed rulemaking to establish Class D airspace at 
Albuquerque, NM (73 FR 19174, 07-ASW-13 Docket No. FAA-2007-0915). 
Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal to the FAA. No 
comments were received. This rule makes minor corrections to the 
geographic coordinates of Double Eagle II Airport. With the exception 
of editorial changes, and the changes described above, this rule is the 
same as that proposed in the NPRM. Class D airspace designations are 
published in paragraph 5000 of FAA Order 7400.9R signed August 15, 
2007, and effective September 15, 2007, which is incorporated by 
reference in 14 CFR part 71.1. The Class D airspace designations listed 
in this document will be published subsequently in that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 71 by establishing Class D airspace extending upward from the 
surface to and including 7,500 feet MSL within a 4.3-mile radius of 
Double Eagle II Airport.
    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. 
Therefore, this regulation: (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 U.S. Code. Subtitle 1, 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 controlled airspace at Double Eagle II Airport, 
Albuquerque, NM.

List 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 14 CFR 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 part 71.1 of the Federal 
Aviation Administration Order 7400.9R, Airspace Designations and 
Reporting Points, signed August 15, 2007, and effective September 15, 
2007, is amended as follows:

Paragraph 5000 Class D Airspace.
* * * * *

ASW NM D Albuquerque, NM [New]

Double Eagle II Airport, NM
    (Lat. 35[deg]08'43'' N., long. 106[deg]47'43'' W.)

    That airspace extending upward from the surface to and including 
7,500 feet MSL within a 4.3-mile radius of Double Eagle II Airport, 
and within 1 mile each side of the Double Eagle Runway 22 ILS 
localizer northeast course, extending from the 4.3-mile radius to 
5.9 miles northeast of the airport. This Class D airspace area is 
effective during

[[Page 39221]]

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 June 27, 2008.
Donald R. Smith,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. E8-15237 Filed 7-8-08; 8:45 am]
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