
[Federal Register: April 9, 2008 (Volume 73, Number 69)]
[Proposed Rules]               
[Page 19174-19175]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ap08-13]                         

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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[[Page 19174]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2007-0915; Airspace Docket No. 07-ASW-13]

 
Proposed Establishment of Class D Airspace; Albuquerque, NM

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to establish Class D airspace at Double 
Eagle II Airport, Albuquerque, New Mexico. The establishment of an air 
traffic control tower has made this action necessary for the safety of 
Instrument Flight Rule (IFR) operations at the Double Eagle II Airport.

DATES: Comments must be received on or before May 27, 2008.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West 
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You 
must identify the docket number FAA-2007-09 15/Airspace Docket No. 07-
AS W-13, at the beginning of your comments. You may also submit 
comments on the Internet at http://www.regulations.gov. You may review 
the public docket containing the proposal, any comments received, and 
any final disposition in person in the Dockets Office between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. The Docket 
Office, (telephone 1-800-647-5527) is on the ground floor of the 
building at the above address.

FOR FURTHER INFORMATION CONTACT: Gary Mallett, AMTI, CTR, Central 
Service Center, System Support Group, Federal Aviation Administration, 
Southwest Region, 2601 Meacham Blvd., Fort Worth, TX 76193-0530; 
telephone: (817) 222-4949.

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 both docket numbers and be submitted in 
triplicate to the address listed above. Commenters wishing the FAA to 
acknowledge receipt of their comments on this notice must submit with 
those comments a self-addressed, stamped postcard on which the 
following statement is made: ``Comments to Docket No. FAA-2007-09 15/
Airspace Docket No. 07-AS W-13.'' The postcard will be date/time 
stamped and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
Internet at http://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's Web page at http://
www.faa.gov or the Superintendent of Document's Web page at http://
www.access.gpo.gov/nara.
    Additionally, any person may obtain a copy of this notice by 
submitting a request to the Federal Aviation Administration (FAA), 
Office of Air Traffic Airspace Management, ATA-400, 800 Independence 
Avenue, SW., Washington, DC 20591, or by calling (202) 267-8783. 
Communications must identify both docket numbers for this notice. 
Persons interested in being placed on a mailing list for future NPRMs 
should contact the FAA's Office of Rulemaking (202) 267-9677, to 
request a copy of Advisory Circular No. 1 l-2A, Notice of Proposed 
Rulemaking Distribution System, which describes the application 
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations 
(14 CFR), Part 71, by establishing a Class D airspace area for IFR 
operations at Double Eagle II Airport, Albuquerque, New Mexico. The 
establishment of an air traffic control tower has made this action 
necessary. The area would be depicted on appropriate aeronautical 
charts.
    Class D airspace areas are published in Paragraph 5000 of FAA Order 
7400.9R, dated August 15, 2007, and effective September 15, 2007, which 
is incorporated by reference in 14 CFR 71.1. The Class D airspace 
designation 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 for which frequent and 
routine amendments are necessary 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 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act. The FAA's authority to 
issue rules regarding aviation safety is found in Title 49 of the U.S. 
Code. Subtitle I, Section 106, describes the authority of the FAA 
Administrator Subtitle VII, Aviation Programs, describes in more detail 
the scope of the agency's authority. This rulemaking is promulgated 
under the authority described in Subtitle VII, Part A, Subpart I, 
Section 40103. Under that section, the FAA is charged with prescribing 
regulations to assign the use of airspace necessary to ensure the 
safety of aircraft and the efficient use of airspace. This regulation 
is within the scope of that authority as it establishes controlled 
airspace at Double Eagle II Airport, Albuquerque, New Mexico.

List of Subjects in 14 CFR Part 71

    Airspace, 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:

[[Page 19175]]

PART 71--DESIGNATION OF CLASS A, B, C, D, AND 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 Federal 
Aviation Administration Order 7400.9R, Airspace Designations and 
Reporting Points, dated August 15, 2007, and effective September 15, 
2007, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASW NM D Albuquerque, NM [New]

Double Eagle II Airport, NM
    (Lat. 35[deg]08[min]42[sec] N., long. 106[deg]42[min]40[sec] W.)
Dudle NDB (LOM)
    (Lat. 35[deg]13[min]02[sec] W., long. 106[deg]42[min]46[sec] W.)

    That airspace extending upward from the surface to and including 
7,500 feet MSL within a 4.3 mile radius of Double Eagle II Airport, 
and within 1 mile each side of the Double Eagle Runway 22 ILS 
localizer course, extending northeast from the 4.3 mile radius to 
the DUDLE NDB (LOM) excluding that airspace within the Albuquerque 
International Airport Class C airspace area. This Class D airspace 
area is effective during the specific dates and times established in 
advance by a Notice to Airmen. The effective date and time will 
thereafter be continuously published in the Airport/Facility 
Directory.
* * * * *

    Issued in Fort Worth, TX on March 31, 2008.
Walter Tweedy,
Acting Manager, System Support Group, ATO Central Service Center.
[FR Doc. E8-7267 Filed 4-8-08; 8:45 am]

BILLING CODE 4910-13-M
