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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 71
          - [Docket No. FAA-2004-19404; Airspace Docket No. 2004-ASW-13]

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Direct final rule; request for comments. 

# SUMMARY:

This action modifies the Class D airspace area at Holloman Air Force Base, Alamogordo, NM (HMN). The closure of Midway Airport, Alamogordo, NM has made this rule necessary. The intended effect of this rule is to modify the controlled airspace to include that area within the 4.8-mile radius of Holloman Air Force Base originally excluded because of Midway Airport.

# DATES:

Effective 0901 UTC, March 17, 2005.

Comments for inclusion in the Rules Docket must be received on or before December 15, 2004.

# ADDRESSES:

                        Send comments on the rule to the Docket Management System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., Washington, DC 20590-0001. You must identify the docket number, FAA-2004-19404/Airspace Docket No. 2004-ASW-13, at the beginning of your comments. You may also submit comments on the Internet at                         *http://dms.dot.gov.*                         Anyone can find and read the comments received in this docket, including the name, address and any other personal information placed in the docket by a commenter. You may review the public docket containing any comments received and this Direct Final Rule in person at 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 located on the plaza level of the Department of Transportation Nassif Building at the street address stated previously.                    

An informal docket may also be examined during normal business hours at the office of the Air Traffic Division, Airspace Branch, Federal Aviation Administration, Southwest Region, 2601 Meacham Boulevard, Fort Worth, TX. Call the manager, Airspace Branch, ASW-520, telephone (817) 222-5520; fax (817) 222-5981, to make arrangements for your visit.

# FOR FURTHER INFORMATION CONTACT:

Joseph R. Yadouga, Air Traffic Division, Airspace Branch, Federal Aviation Administration, Southwest Region, Fort Worth, TX 76193-0520; telephone: (817) 222-5597.

# SUPPLEMENTARY INFORMATION:

This amendment to 14 CFR Part 71 modifies the Class D airspace designation for an airspace area from the surface up to but not including 6,600 feet MSL at Holloman Air Force Base, Alamogordo, NM and will be published in paragraph 5000 of FAA Order 7400.9M, dated August 30, 2004, and effective September 16, 2004, which is incorporated by reference in 14 CFR 71.1.

## The Direct Final Rule Procedure

                    The FAA anticipates that this regulation will not result in an adverse or negative comment, and, therefore, issues it as a direct final rule. 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. 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. 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 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. Communications must identify both docket numbers. 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 would be 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.

## Agency Findings

This rule does not have federalism implications, as defined in Executive Order No. 13132, because it does not have a substantial direct effect 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. Accordingly, the FAA has not consulted with State authorities prior to publication of this rule.

The FAA has determined that this regulation is noncontroversial and unlikely to result in adverse or negative comments. For the reasons discussed, I certify that this regulation (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under Department of Transportation (DOT) Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as these routine matters will only affect air traffic procedures and air navigation. I certify that this rule will not have significant economic impact 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)

## Adoption of the Amendment

                        Accordingly, pursuant to the authority delegated to me, the Federal Aviation Administration amends part 71 of the                               ( print page 64657)                            Federal Aviation Regulations (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. 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.

§ 71.1

2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9M, Airspace Designations and Reporting Points, dated august 30, 2004, and effective September 16, 2004, is amended as follows:

### Paragraph 500 Class D Airspace Areas Extending Upward From the Surface of the Earth.

* * * * *

## ASW NM D Alamogordo, TX [Revised]

Alamogordo, Holloman AFB, NM

Lat. 32°51′09″ N, long. 106°06′23″ W

Alamogordo-White Sands Regional Airport, NM

Lat. 32°50′24″ N, long. 105°59′26″ W

Holloman ILS Localizer

Lat. 32°49′48″ N, long. 106°06′31″ W

That airspace extending upward from the surface up to and including 6,600 feet MSL within a 4.8-mile radius of Holloman AFB, NM and within 1 mile each side of the Holloman ILS Localizer northwest course extending from the 4.8-mile radius to 5.4 miles northwest of the airport excluding that airspace within 2-mile radius of the Alamogordo-White Sands Regional Airport, NM.

* * * * *

Issued in Fort Worth, TX, on October 25, 2004.

Herman J. Lyons, Jr.,

Area Director, Central En Route and Oceanic Operations.

[FR Doc. 04-24848  Filed 11-5-04; 8:45 am]

BILLING CODE 4910-13-M