

[Federal Register: February 15, 2008 (Volume 73, Number 32)]
[Rules and Regulations]               
[Page 8795-8796]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15fe08-5]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0003; Airspace Docket No. 08-ASW-1]

 
Establishment of Class E Airspace; Lexington, OK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action establishes Class E airspace at Lexington, OK. New 
Area Navigation (RNAV) Global Positioning System (GPS) Standard 
Instrument Approach Procedures (SIAPs) at Muldrow Army Heliport make 
this action necessary. This action will enhance the safety and 
management of Instrument Flight Rules (IFR) aircraft operations at 
Muldrow Army Heliport, Lexington, OK.

DATES: Effective Dates: 0901 UTC April 10, 2008. Comments for inclusion 
in the rules Docket must be received by March 31, 2008. The Director of 
the Federal Register approves this incorporation by reference action 
under Title 1, Code of Federal Regulations, part 51, subject to the 
annual revision of FAA Order 7400.9 and publication of conforming 
amendments.

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-2008-0003/Airspace Docket No. 08-
ASW-1, at the beginning of your comments. You may also submit comments 
through the Internet at http://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 number 1-800-647-5527, is on the ground floor of the 
building at the above address.

FOR FURTHER INFORMATION CONTACT: Joe Yadouga, Central Service Center, 
System Support Group, Federal Aviation Administration, Southwest 
Region, Fort Worth, Texas, 76193-0530; telephone number (817) 222-5597.

SUPPLEMENTARY INFORMATION:

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse 
or negative comments, and, therefore, issues it as a direct final rule. 
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 effective date of 
the rule. If the FAA receives, within the comment period, an adverse or 
negative comment, or written comment 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 direct final rule, and was 
not preceded by a notice of proposed rulemaking, interested persons are 
invited to comment on this rule 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 direct final 
rule. Comments are specifically invited on the overall regulatory, 
aeronautical, economic, environmental, and energy-related aspects of 
the direct final rule. Commenters wishing the FAA to acknowledge 
receipt of their comments on this rule must submit with those comments 
a self-addressed, stamped postcard on which the following statement is 
made: ``Comments to Docket No. FAA-2008-0003, Airspace Docket No. 08-
ASW-1.'' The postcard will be date/time stamped and returned to the 
commenter. Communications should identify both docket numbers and be 
submitted in triplicate to the address specified under the caption 
ADDRESSES above or through the Web site. 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.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR) 
part 71 establishes Class E airspace at Lexington, OK, providing the 
airspace required to support the new 175[deg] Copter RNAV (GPS) 
approach developed for IFR landings at Muldrow Army Heliport. 
Controlled airspace extending

[[Page 8796]]

upward from the surface is required to encompass all SIAPs and for the 
safety of IFR operations at Muldrow Army Heliport. Designations for 
Class E airspace areas extending upward from the surface of the earth 
are published in the FAA Order 7400.9R, signed August 15, 2007 and 
effective September 15, 2007, which is incorporated by reference in 14 
CFR Part 71.1. Class E designations 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 various levels of government. Therefore, it is 
determined that this final rule does not have federalism implication 
under Executive Order 13132.
    The FAA has determined that this regulation only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current, is 
non-controversial and unlikely to result in adverse or negative 
comments. 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 United States 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 Class E airspace at Muldrow Army Heliport, Lexington, 
OK.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration 
amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
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

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation 
Administration Order 7400.9R, Airspace Designation and Reporting 
Points, signed August 15, 2007, and effective September 15, 2007, is 
amended as follows:

Paragraph 6002 Class E2 airspace areas extending upward from the 
surface of the earth.

* * * * *

ASW OK E2 Lexington, OK [New]

Muldrow Army Heliport, OK
    (Lat. 35[deg]01'58'' N., long. 97[deg]13'90'' W.)

    That airspace extending upward from the surface to and including 
3,600 feet above mean sea level (MSL) within a 3.7-mile radius of 
the Muldrow Army Heliport, OK; and within 3 miles each side of the 
Muldrow 175[deg] Copter RNAV (GPS) approach course extending from 
the 3.7-mile radius north 6.8 miles. This airspace is effective 
during specific dates and times established in advance by Notice to 
Airmen. The effective date and time will thereafter be continuously 
published in the Airport/Facility Directory.
* * * * *

    Issued in Fort Worth, TX, on January 4, 2008.
Donald R. Smith,
Manager, System Support Group, ATO Central Service Center.
[FR Doc. 08-662 Filed 2-14-08; 8:45 am]

BILLING CODE 4910-13-M
