Realignment of VOR Federal Airway 369; TX

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98-ASW-40]

RIN 2120-AA66

Realignment of VOR Federal Airway 369; TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action realigns Federal Airway 369 (V-369) located in the

Dallas/Fort Worth, TX, area. Due to the decommissioning of the Dallas/

Fort Worth Very High Frequency Omnidirectional Range/Tactical Air

Navigation (VORTAC), V-369 will be realigned to the newly commissioned

Maverick Very High Frequency Omnidirectional Range/Distance Measuring

Equipment (VOR/DME), which is located .66 miles west of the former

Dallas/Fort Worth VORTAC. The FAA is taking this action to improve the

management of air traffic operations in the vicinity of the Dallas/Fort

Worth area.

DATES: Effective 0901 UTC, October 8, 1998.

Comment date: Comments for inclusion in the Rules Docket must be

received on or before August 31, 1998.

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

Traffic Division, ASW-500, Docket No. 98-ASW-40, Federal Aviation

Administration, 2601 Meacham Boulevard, Fort Worth, TX 76193-0500.

The official docket may be examined in the Rules Docket, Office of

the Chief Counsel, Room 916, 800 Independence Avenue, SW., Washington,

DC, weekdays, except Federal holidays, between 8:30 a.m. and 5:00 p.m.

An informal docket may also be examined during normal business

hours at the office of the Regional Air Traffic Division, Federal

Aviation Administration, 2601 Meacham Boulevard, Fort Worth, TX 76193-

0500.

FOR FURTHER INFORMATION CONTACT: Bil Nelson, Airspace and Rules

Division, ATA-400, Office of Air Traffic Airspace Management, Federal

Aviation Administration, 800 Independence Avenue, SW., Washington, DC

20591; telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

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.

Due to the decommissioning of the Dallas/Fort Worth VORTAC and the

commissioning of the Maverick VOR/DME there is a need to realign V-369

to the Maverick VOR/DME. Realigning V-369 does not alter the airway

track significantly and will benefit users of the airway. Since

previous rulemaking actions similar to this one have not been

controversial, the FAA does not anticipate any adverse comments on this

regulatory effort. Therefore, 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

[[Page 40646]]

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 specified closing date for

comments will be considered, and this rule may be amended or withdrawn

in light of 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 would be needed.

Comments are specifically invited on the overall regulatory,

aeronautical, economic, environmental, and energy-related aspects of

the rule that might suggest a need to modify the rule. All comments

submitted will be available for examination in the Rules Docket both

before and after the closing date for comments. 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 Airspace Docket No. 98-ASW-40.'' The postcard will be date stamped

and returned to the commenter.

The Rule

This amendment to 14 CFR part 71 realigns V-369 located in the

Dallas/Fort Worth area. Due to the decommissioning of the Dallas/Fort

Worth VORTAC, V-369 is being realigned to the newly commissioned

Maverick VOR/DME, which is located .66 nautical miles west of the

former Dallas/Fort Worth VORTAC. Realigning V-369 will ensure that air

traffic operations are not interrupted by virtue of the decommissioning

of the Dallas/Fort Worth VORTAC and the commissioning of the Maverick

VOR/DME. The effective date of this direct final rule will coincide

with the effective date of the commissioning of the Maverick VOR/DME.

The FAA is taking this action to improve the management of air traffic

operations in the vicinity of Dallas/Fort Worth area.

Domestic VOR Federal Airways are published in paragraph 6010(a) 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

airways 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 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.

The FAA has determined that this regulation is not controversial

and unlikely to result in adverse or negative comments. For the reasons

discussed in the preamble, 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) 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, positive or

negative, on a substantial number of small entities under the criteria

of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

The Amendment

In consideration of the foregoing, the Federal Aviation

Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS

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]

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 6010(a)--Domestic VOR Federal Airways

* * * * *

V-369 [Revised]

From Navasota, TX; Groesbeck, TX; to Maverick, TX.

* * * * *

Issued in Washington, DC, on July 23, 1998.

Reginald C. Matthews,

Acting Program Director for Air Traffic Airspace Management.

[FR Doc. 98-20346 Filed 7-29-98; 8:45 am]

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