Revision of Class E Airspace; Athens, TX

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97-ASW-07]

Revision of Class E Airspace; Athens, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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

SUMMARY: This action revises the Class E airspace at Athens, TX. The

development of a Nondirectional Radio Beacon (NDB) Standard Instrument

Approach Procedure (SIAP) to Runway (RWY) 17 at Lockridge Ranch Airport

has made this rule necessary. This action is intended to provide

adequate Class E airspace for aircraft operating under Instrument

Flight Rules (IFR) and executing the NDB SIAP at Lochridge Ranch

Airport, Athens, TX.

DATES: Effective: 0901 UTC, September 11, 1997.

Comment date: Comments must be received on or before July 22, 1997.

ADDRESSES: Send comments on the rule in triplicate to Manager, Airspace

Branch, Air Traffic Division, Federal Aviation Administration Southwest

Region, Docket No. 97-ASW-07, Fort Worth, TX 76193-0520. The official

docket may be examined in the Office of the Assistant Chief Counsel,

Southwest Region, 2601 Meacham Boulevard, Room 663, Fort Worth, TX,

between 9 a.m. and 3 p.m., Monday through Friday, except Federal

holidays. An informal docket may also be examined during normal

business hours at the Airspace Branch, Air Traffic Division, Federal

Aviation Administration, Southwest Region, Room 414, Fort Worth, TX.

FOR FURTHER INFORMATION CONTACT:

Donald J. Day, Airspace Branch, Air Traffic Division, Southwest Region,

Federal Aviation Administration, Fort Worth, TX 76193-0520, telephone

817-222-5593.

SUPPLEMENTARY INFORMATION: This amendment to part 71 of the Federal

Aviation Regulations (14 CFR part 71) revises the Class E airspace,

providing controlled airspace for IFR operations at Lockridge Ranch

Airport, Athens, TX. The development of a NDB SIAP to RWY 17 requires

revision of the Class E airspace for aircraft operating in the vicinity

of the airport. This revision will avoid confusion on the part of the

pilots flying near the airport, and promote the safe and efficient

handling of air traffic in the area. This action will revise the Class

E airspace at Athens, TX.

Class E airspace designations are published in Paragraph 6005 of

FAA Order 7400.9D, dated September 4, 1996, and effective September 16,

1996, which is incorporated by reference in 14 CFR 71.1. The Class E

airspace designation listed in this document will be published

subsequently in the order.

The Direct Final Rule Procedure

The FAA anticipates that this regulation will not result in adverse

or negative comment and therefore, is issuing it as a direct final

rule. A substantial number of previous opportunities provided to the

public to comment on substantially identical actions have resulted in

negligible adverse comments or objections. 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 data on which the final rule will become effective.

If the FAA

[[Page 28342]]

does receive, within the comment period, an adverse or negative

comment, or written 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 the action is in the form of a final rule and was not

preceded by a notice of proposed rulemaking, comments are invited on

this rule. Interested persons are invited to comment on this rule by

submitting such written data, views, or arguments as they may desire.

Communications should identify the Rules Docket number and be submitted

in triplicate to the address specified under the caption ADDRESSES. 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 is 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. Commenters wishing the FAA to

acknowledge receipt of their comments submitted in response to this

rule must submit a self-addressed, stamped postcard on which the

following statement is made: ``Comments to Docket No. 97-ASW-07.'' The

postcard will be date stamped and returned to the commenter.

Agency Findings

The regulations adopted herein will not have substantial direct

effects on the States, on the relationship between the national

government and the State, or on the distribution of power and

responsibilities among the various levels of government. Therefore, in

accordance with Executive Order 12612, it is determined that this final

rule does not have sufficient federalism implications to warrant the

preparation of a Federalism Assessment.

Further, the FAA has determined that this regulation is

noncontroversial, and unlikely to result in adverse or negative

comments and only involves an established body of technical regulations

that require frequent and routine amendments to keep them operationally

current. Therefore, I certify that 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) if promulgated, will not have

a significant economic impact, positive or negative, on a substantial

number of small entities under the criteria of the Regulatory

Flexibility Act. Since this rule involves routine matters that will

only affect air traffic procedures and air navigation, it does not

warrant preparation of a Regulatory Flexibility Analysis because the

anticipated impact is so minimal.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the Federal Aviation

Administration amends 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. 40103, 40113, 40120; E.O. 10854; 24 FR

9565, 3 CFR, 1959-1963 Comp., p. 289; 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 7400.9D, Airspace Designations and

Reporting Points, dated September 4, 1996, and effective September 16,

1996, 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 E5 Athens, TX [Revised]

Athens Municipal Airport, TX

(lat. 32 deg.09'50'' N, long. 95 deg.49'42'' W)

Athens, Lochridge Ranch Airport, TX

(lat. 31 deg.59'21'' N, long. 95 deg.57'03'' W)

Crossroads NDB

(lat. 32 deg.03'49'' N, long. 95 deg.57'28'' W)

That airspace extending upward from 700 feet above the surface

within a 6.5-mile radius of Athens Municipal Airport, and within a

6.5-mile radius of Lochridge Ranch Airport and within 4 miles each

side of the 356 deg. bearing from the Crossroads NDB extending from

the 6.5-mile radius to 11.5 miles north of the NDB excluding that

airspace within the Tyler, TX, Class E airspace area.

* * * * *

Issued in Fort Worth, TX, on May 12, 1997.

Albert L. Viselli,

Acting Manager, Air Traffic Division, Southwest Region.

[FR Doc. 97-13572 Filed 5-22-97; 8:45 am]

BILLING CODE 4910-13-M