Revision of Class E Airspace; El Paso, TX

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 99-ASW-26]

Revision of Class E Airspace; El Paso, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This amendment revises the Class E airspace at El Paso, TX.

The development of a Global Positioning System (GPS) Standard

Instrument Approach Procedure (SIAP), at El Paso International Airport,

El Paso, TX, has made this rule necessary. This action is intended to

provide adequate controlled airspace extending upward from 700 feet or

more above the surface for Instrument Flight Rules (IFR) operations to

El Paso International Airport, El Paso, TX.

DATES: Effective 0901 UTC, February 24, 2000.

Comments must be received on or before December 13, 1999.

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

Branch, Air Traffic Division, Federal Aviation Administration,

Southwest Region, Docket No. 99-ASW-26, Fort Worth, TX 76193-0520. The

official docket may be examined in the Office of the Regional Counsel,

Southwest Region, Federal Aviation Administration, 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, Forth 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

817-262-5593.

SUPPLEMENTARY INFORMATION: This amendment to 14 CFR part 71 revises the

Class E airspace at El Paso, TX. The development of a GPS SIAP, at El

Paso International Airport, El Paso, TX, has made this rule necessary.

This action is intended to provide adequate controlled airspace

extending upward from 700 feet or more above the surface for Instrument

Flight Rules (IFR) operations to El Paso International Airport, El

Paso, TX.

Class E airspace designations are published in Paragraph 6005 of

FAA Order 7400.9G, dated September 1, 1999, and effective September 16,

1999, 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 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

[[Page 58333]]

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. 99-ASW-26.'' 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 level 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

Accordingly, pursuant to the authority delegated to me, 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 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 7400.9G, Airspace Designations and

Reporting Points, dated September 1, 1999, and effective September 16,

1999, 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 El Paso, TX [Revised]

El Paso, Biggs AAF, TX

(Lat. 31 deg.50'58'' N., long. 106 deg.22'48'' W.)

El Paso International Airport, TX

(Lat. 31 deg.48'24'' N., long. 106 deg.22'40'' W.)

El Paso VORTAC, TX

(Lat. 31 deg.48'57'' N., long. 106 deg.16'55'' W.)

El Paso, West Texas Airport, TX

(Lat. 31 deg.43'11'' N., long. 106 deg.14'21'' W.)

That airspace extending upward from 700 feet above the surface

within a 9.1-mile radius of Biggs AAF and within a 8.4-mile radius

of El Paso International Airport and within 2 miles each side of the

050 deg. bearing from the airport extending from the 8.4-mile radius

to 13 miles northeast of the airport and within 1.6 miles each side

of the 093 deg. radial of the El Paso VORTAC extending from the 8.4-

mile radius to 7.3 miles east of the VORTAC and within a 6.6-mile

radius of the West Texas Airport.

* * * * *

Issued in Fort Worth, TX, on October 12, 1999.

Robert N. Stevens,

Acting Manager, Air Traffic Division, Southwest Region.

[FR Doc. 99-27504 Filed 10-28-99; 8:45 am]

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