Amendment of Class E Airspace; New Braunfels Municipal, TX

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97-ASW-21]

Amendment of Class E Airspace; New Braunfels Municipal, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This amendment modifies the Class E airspace at San Antonio,

TX. The development of Global Positioning System (GPS) Standard

Instrument Approach Procedures (SIAP) to runways (RWY) 13 and 17 and a

Very High Frequency Omnidirectional Range (VOR)/Distance Measuring

Equipment (DME)-A SIAP at New Braunfels Municipal Airport, TX, has made

this rule necessary. This action is intended to provide adequate

additional controlled airspace extending from 700 feet or more above

the surface for Instrument Flight Rules (IFR) operations at New

Braunfels Municipal Airport, New Braunfels, TX.

DATES: Effective date: 0901 UTC, February 26, 1998.

Comment date: Comments must be received on or before January 20,

1998.

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

Branch, Air Traffic Division, Federal Aviation Administration,

Southwest Region, Docket No. 97-ASW-21, Fort Worth, TX 76193-0520.

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

Counsel, Southwest Region, Federal Aviation

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Administration, 2601 Meacham Boulevard, Room 663, 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 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 14 CFR part 71 amends the

Class E airspace at New Braunfels, TX. The development of GPS SIAP's to

RWY 13 and RWY 17 and a VOR/DME-A SIAP at New Braunfels Municipal

Airport, TX, has made this action necessary. The intended effect of

this action is to provide additional controlled airspace extending 700

feet or more above the surface for aircraft executing the GPS SIAPs to

RWYs 13 and 17 and a VOR/DME-A SIAP at New Braunfels Municipal Airport,

New Braunfels, TX.

Class E airspace designations are published in Paragraph 6005 of

FAA Order 7400.9E, dated September 10, 1997, and effective September

16, 1997, 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.

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 date on which the final rule will become effective. If

the FAA 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 this 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-related 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-21.'' 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 States, 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) 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. 106(g), 40103, 40113, 40120; E.O. 10854; 24

FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec. 71.1 [Amended]

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

Aviation Administration Order 7400.9E, Airspace Designations and

Reporting Points, dated September 10, 1997, and effective September 16,

1997, 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--San Antonio, TX [Revised]

San Antonio International Airport, TX

(Lat. 29 deg.32'01'' N., long. 98 deg.28'11'' W.)

New Braunfels Municipal, TX

(Lat. 29 deg.42'11'' N., long. 98 deg.02'28'' W.)

San Antonio VORTAC

(Lat. 29 deg.38'39'' N., long. 98 deg.27'41'' W.)

Randolph VOR

(Lat. 29 deg.38'39'' N., long. 98 deg.17'06'' W.)

Stinson VOR

(Lat. 29 deg.15'30'' N., long. 98 deg.26'37'' W.)

Castroville Municipal, TX

(Lat. 29 deg.20'33'' N., long. 98 deg.51'04'' W.)

Castroville RBN

(Lat. 29 deg.20'46'' N., long. 98 deg.50'57'' W.)

That airspace extending upward from 700 feet above the surface

within a 20-mile radius of San Antonio International Airport and

within 6.9-mile radius of New Braunfels Municipal Airport and within

1.6 miles each side of the 080 deg. radial of the San Antonio VORTAC

extending from the 6.9-mile radius to 11.2 miles east of the New

Braunfels Municipal Airport and within 4 miles each side of the

316 deg. bearing from New Braunfels

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Municipal Airport extending from the 6.9-mile radius to 9.7 miles

north of the airport and within 3 miles each side of the 331 deg.

bearing from New Braunfels Municipal Airport extending from the 6.9-

mile radius to 9.7 miles northwest of the airport and within 4 miles

each side of the 080 deg. radial of the San Antonio VORTAC extending

from the 6.9-mile radius to 9.7 miles east of the New Braunfels

Municipal Airport and within 8 miles east and 4 miles west of the

144 deg. radial of the Randolph VOR extending from the 20-mile

radius to 20.6 miles southeast of the VOR and within 8 miles east

and 4 miles west of the 152 deg. radial of the Stinson VOR extending

from the 20-mile radius to 16 miles south of the VOR and within a

6.5-mile radius of Castroville Municipal Airport and within 8 miles

west and 4 miles east of the 170 deg. bearing from the Castroville

RBN extending from the RBN to 16 miles south of the RBN.

* * * * *

Issued in Fort Worth, TX, on November 5, 1997.

Albert L. Viselli,

Acting Manager, Air Traffic Division, Southwest Region.

[FR Doc. 97-31930 Filed 12-4-97; 8:45 am]

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