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[Federal Register: July 20, 2010 (Volume 75, Number 138)]
[Rules and Regulations]               
[Page 41983-41984]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jy10-3]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0406; Airspace Docket No. 10-ASW-8]

 
Establishment of Class D Airspace; San Marcos, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class D airspace for San Marcos 
Municipal Airport, San Marcos, TX. Establishment of an air traffic 
control tower has made this action necessary to enhance the safety and 
management of Instrument Flight Rule (IFR) operations at the airport. A 
minor change in the airport descriptor also has been made.

DATES: Effective date 0901 UTC, September 23, 2010. The Director of the 
Federal Register approves this incorporation by reference action under 
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and 
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center, 
Operations Support Group, Federal Aviation Administration, Southwest 
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On April 30, 2010, the FAA published in the Federal Register a 
notice of proposed rulemaking to establish Class D airspace for San 
Marcos Municipal Airport, San Marcos, TX (75 FR 22712) Docket No. FAA-
2010-0406. Interested parties were invited to participate in this 
rulemaking effort by submitting written comments on the proposal to the 
FAA. No comments were received. Class D airspace designations are 
published in paragraph 5000 of FAA Order 7400.9T signed August 27, 
2009, and effective September 15, 2009, which is incorporated by 
reference in 14 CFR part 71.1. The Class D airspace designations listed 
in this document will be published subsequently in the Order.

[[Page 41984]]

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
Part 71 by establishing Class D airspace at San Marcos, TX. 
Establishment of an air traffic control tower at San Marcos Municipal 
Airport has made this action necessary for the safety and management of 
IFR operations at the airport. Also, a minor change has been made in 
the amendatory language for the airport descriptor, changing from San 
Marcos Municipal Airport, TX, to San Marcos, TX.
    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. 
Therefore, 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 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 1, 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 San Marcos Municipal Airport, 
San Marcos, TX. With the exception of editorial changes, and the 
changes described above, this rule is the same as that proposed in the 
NPRM.

List 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 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]

0
2. The incorporation by reference in 14 CFR Part 71.1 of the Federal 
Aviation Administration Order 7400.9T, Airspace Designations and 
Reporting Points, signed August 27, 2009, and effective September 15, 
2009 is amended as follows:
* * * * *

Paragraph 5000 Class D Airspace.

* * * * *

ASW TX D San Marcos, TX [New]

San Marcos Municipal Airport, TX
    (Lat. 29[deg]53'34'' N., long. 97[deg]51'47'' W.)

    That airspace extending upward from the surface to and including 
3,100 feet MSL within a 4.2-mile radius of San Marcos Municipal 
Airport, and within 1 mile each side of the 313[deg] bearing from 
the airport extending from the 4.2-mile radius to 4.6 miles 
northwest of the airport. This Class D airspace area is effective 
during the specific dates and times established in advance by a 
Notice to Airmen. The effective dates and times will thereafter be 
continuously published in the Airport/Facility Directory.

    Issued in Fort Worth, Texas, on July 9, 2010.
Rick Kervin,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2010-17500 Filed 7-19-10; 8:45 am]
BILLING CODE 4910-13-P
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