Proposed Revision of Class E Airspace; Refugio, TX

DEPARTMENT OF TRANSPORTATION

14 CFR Part 71

[Airspace Docket No. 93-ASW-33]

Proposed Revision of Class E Airspace; Refugio, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice proposes to revise the Class E airspace at

Refugio, TX, to exclude that airspace within a 2 NM radius of Rooke

Field, TX, from the 700 feet above ground level (AGL) Class E airspace

located at Mellon Ranch, Refugio, TX. Class E airspace was developed to

contain aircraft operations into the Mellon Ranch Airport, Refugio, TX.

This airspace overlies Rooke Field located approximately 6 nautical

miles (NM) west of the Mellon Ranch Airport. A request from operators

at Rooke Field was made to exclude the airspace within a two NM radius

of Rooke Field from the Mellon Ranch Class E airspace. The intended

effect of this proposal is to exclude that airspace within a two NM

radius of Rooke Field from the Mellon Ranch Class E Airspace and to

revoke that portion of the Mellon Ranch Class E airspace that is no

longer needed to contain aircraft executing the special instrument

approach procedure (SIAP) at Refugio, Mellon Ranch Airport, TX.

DATES: Comments must be received on or before April 7, 1994.

ADDRESSES: Send comments on the proposal in triplicate to Manager,

System Management Branch, Air Traffic Division, Southwest Region,

Docket No. 93-ASW-33, Department of Transportation, Federal Aviation

Administration, Fort Worth, TX 76193-0530.

The official docket may be examined in the Office of the Assistant

Chief Counsel, Southwest Region, Federal Aviation Administration, 2601

Meacham Boulevard, Fort Worth, TX, between 9:00 a.m. and 3:00 p.m.,

Monday through Friday, except Federal holidays. An informal docket may

also be examined during normal business hours at the System Management

Branch, Air Traffic Division, Southwest Region, Federal Aviation

Administration, 2601 Meacham Boulevard, Fort Worth, TX.

FOR FURTHER INFORMATION CONTACT:

Alvin E. DeVane, System Management Branch, Department of

Transportation, Federal Aviation Administration, Fort Worth, TX 76193-

0530; telephone: 817-222-5595.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested parties are invited to participate in this proposed

rulemaking 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 proposal. Comments are

specifically invited on the overall regulatory, aeronautical, economic,

environmental, and energy-related aspects of the proposal.

Communications should identify the airspace docket number and be

submitted in triplicate to the address listed under the caption

ADDRESSES. Commenters wishing the FAA to acknowledge receipt of their

comments on this notice must submit, with those comments, a self-

addressed, stamped, postcard containing the following statement:

``Comments to Airspace Docket No. 93-ASW-33.'' The postcard will be

date and time stamped and returned to the commenter. All communications

received on or before the specified closing date for comments will be

considered before taking action on the proposed rule. The proposal

contained in this notice may be changed in the light of comments

received. All comments submitted will be available for examination in

the Office of the Assistant Chief Counsel, 2601 Meacham Boulevard, Fort

Worth, TX, both before and after the closing date for comments. A

report summarizing each substantive public contact with FAA personnel

concerned with this rulemaking will be filed in the docket.

Availability of NPRM's

Any person may obtain a copy of this Notice of Proposed Rulemaking

(NPRM) by submitting a request to the Federal Aviation Administration,

System Management Branch, Department of Transportation, Fort Worth, TX

76193-0530. Communications must identify the notice number of this

NPRM. Persons interested in being placed on a mailing list for future

NPRM's should also request a copy of Advisory Circular No. 11-2A which

describes the application procedure.

The Proposal

The FAA is considering an amendment to part 71 of the Federal

Aviation Regulations (14 CFR part 71) to revise the 700 feet AGL Class

E airspace located at Refugio, TX. A request from operators at Rooke

Field was made to exclude the airspace within a two nautical mile (NM)

radius of Rooke Field from the Mellon Ranch Class E airspace. The

intended effect of this proposal is to exclude that airspace within a

two NM radius of Rooke Field from the Mellon Ranch Class E Airspace and

to revoke that portion of the Mellon Class E airspace that is no longer

needed to contain aircraft executing the special instrument approach

procedure (SIAP) at Refugio, Mellon Ranch Airport, TX. The coordinates

for this airspace docket are based on North American Datum 83. Class E

airspace is published in paragraph 6005 of FAA Order 7400.9A dated June

17, 1993, and effective September 16, 1993, which is incorporated by

reference in 14 CFR 71.1 (58 FR 36298, July 6, 1993). The Class E

airspace listed in this document would be published subsequently in the

Order.

The FAA has determined that this proposed regulation only involves

an established body of technical regulations that needs frequent and

routine amendments to keep them operationally current. 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 impact on a

substantial number of small entities under the criteria of the

Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

Aviation safety, Incorporation by reference, Navigation (air).

The Proposed Amendment

In consideration of the foregoing, the Federal Aviation

Administration proposes to amend 14 CFR part 71 as follows:

PART 71--[AMENDED]

1. The authority citation for 14 CFR part 71 continues to read as

follows:

Authority: 49 U.S.C. app. 1348(a), 1354(a), 1510; E.O. 10854, 24

FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR

11.69.

Sec. 71.1 [Amended]

2. The incorporation by reference in 14 CFR 71.1 of the Federal

Aviation Administration Order 7400.9A, Airspace Designations and

Reporting Points, dated June 17, 1993, and effective September 16,

1993, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700

feet or more above the surface of the earth

* * * * *

ASW TX E2 Refugio, TX [Revised]

Refugio, Mellon Ranch Airport, TX

(lat. 28 deg.16'51'' N., long. 97 deg.12'41'' W.)

Mellon Ranch RBN

(lat. 28 deg.16'48'' N., long. 97 deg.12'21'' W.)

Refugio, Rooke Field, TX

(lat. 28 deg.17'37'' N., long. 97 deg.19'23'' W.)

That airspace extending upward from 700 feet above the surface

within a 6.6-mile radius of Mellon Ranch Airport and within 2.7

miles each side of the 345 deg. bearing from the Mellon Ranch RBN

extending from the 6.6-mile radius to 7.4 miles north of the airport

and within 2.7 miles each side of the 145 deg. bearing from the

Mellon Ranch RBN extending from the 6.6-mile radius to 7.4 miles

south of the airport, excluding that airspace within a 2-mile radius

of Refugio, Rooke Field, TX, and excluding that airspace within the

Rockport, TX, Class E airspace.

* * * * *

Issued in Fort Worth, TX on February 15, 1994.

Larry D. Gray,

Acting Manager, Air Traffic Division, Southwest Region.

[FR Doc. 94-5415 Filed 3-8-94; 8:45 am]

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