[Federal Register Volume 73, Number 152 (Wednesday, August 6, 2008)]
[Rules and Regulations]
[Pages 45607-45609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17560]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0003; Airspace Docket No. 08-ASW-1]


Establishment of Class E Airspace; Lexington, OK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This action establishes Class E airspace at Lexington, OK. New 
Area Navigation (RNAV) Global Positioning System (GPS) Standard 
Instrument Approach Procedures (SIAPs) at Muldrow Army Heliport make 
this action necessary. This action will enhance the safety and 
management of Instrument Flight Rules (JFR) aircraft

[[Page 45608]]

operations at Muldrow Army Heliport, Lexington, OK.

DATES: Effective Dates: 0901 UTC September 25, 2008. Comments for 
inclusion in the rules Docket must be received September 22, 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 direct final rule 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-2008-0003/Airspace 
Docket No. 08-ASW-1, 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 direct final rule, 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 number 1-800-647-5527, is on the 
ground floor of the building at the above address.

FOR FURTHER INFORMATION CONTACT: Gary Mallett, NISC Contractor, 
Operations Support Group, ATO Central Service Center, Federal Aviation 
Administration, Southwest Region, Fort Worth, Texas 76193-0530; at 
telephone number (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. Comments that provide the factual 
basis supporting the views and suggestions presented are particularly 
helpful in developing reasoned regulatory decisions on the direct final 
rule. Comments are specifically invited on the overall regulatory, 
aeronautical, economic, environmental, and energy-related aspects of 
the direct final rule. Commenters wishing the FAA to acknowledge 
receipt of their comments on this rule must submit with those comments 
a self-addressed, stamped postcard on which the following statement is 
made: ``Comments to Docket No. FAA-2008-0003, Airspace Docket No. 08-
ASW-1.'' The postcard will be date/time stamped and returned to the 
commenter. 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 Lexington, OK, providing the 
airspace required to support the new 175[deg] Copter RNAV (GPS) 
approach developed for IFR landings at Muldrow Army Heliport. 
Controlled airspace extending upward from the surface is required to 
encompass all SIAPs and for the safety of IFR operations at Muldrow 
Army Heliport. Designations for Class E airspace areas extending upward 
from 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 71.1. Class E 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 E airspace at Muldrow Army Heliport, Lexington, 
OK.

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 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

[[Page 45609]]

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 E2 airspace areas extending upward from the 
surface of the earth.

* * * * *

ASW OK E2 Lexington, OK [New]

Muldrow Army Heliport, OK
    (Lat. 35[deg]01'35'' N., long. 97[deg]13'54'' W.)
Muldrow NDB
    (Lat. 35[deg]01'44'' N., long. 97[deg]13'50'' W.)

    That airspace extending upward from the surface to and including 
3,600 feet above mean sea level (MSL) within a 3.7-mile radius of 
the Muldrow Army Heliport and within 3 miles each side of the 
355[deg] bearing from the Muldrow NDB extending from the 3.7-mile 
radius of the heliport to 6.8 miles north of the heliport.
* * * * *

    Issued in Fort Worth, TX, on July 3, 2008.
Richard H. Farrell, III,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. E8-17560 Filed 8-5-08; 8:45 am]
BILLING CODE 4910-13-M