Federal Register / Vol. 63, No. 130 /Wednesday, July 8, 1998 /Rules and Regulations 36839

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. 98–ASW–35.’’ 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

levels 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.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9E, Airspace

Designations and Reporting Points,

dated September 10, 1997, and effective

September 16, 1997, is amended as

follows:

Paragraph 5000 Class D airspace areas.

* * * * *

ASW TX D San Antonio, Kelly AFB, TX

[Revised]

San Antonio, Kelly AFB, TX

(lat. 29°22′49′′N., long. 98°35′03′′W.)

Kelly TACAN

(lat. 29°23′30′′N., long. 98°34′52′′W.)

San Antonio, Stinson Municipal Airport, TX

(lat. 29°20′13′′N., long. 98°28′16′′W.)

That airspace extending upward from the

surface to and including 3,200 feet MSL

within a 4.5-mile radius of Kelly AFB and

within 1.5 miles each side of the 339° radial

of the Kelly TACAN extending from the 4.5-

mile radius to 4.8 miles northwest of the

airport excluding that airspace southeast of a

line between the intersection of the 4.5-mile

radius of Kelly AFB and the 4.1-mile radius

of Stinson Municipal Airport and excluding

that airspace within the San Antonio

International Airport, TX Class C airspace

area.

* * * * *

Issued in Fort Worth, TX, on June 30, 1998.

Albert L. Viselli,

Acting Manager, Air Traffic Division,

Southwest Region.

[FR Doc. 98–18102 Filed 7–7–98; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98–ASW–39]

Establishment of Class E Airspace;

Theodore, AL

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule; request for

comments.

SUMMARY: This amendment establishes

Class E airspace at Theodore, AL. The

development of a global positioning

system (GPS) standard instrument

approach procedure (SIAP), helicopter

point-in-space approach, to a heliport in

the Theodore, AL, area 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 the heliport.

DATES: Effective 0901 UTC, October 8,

1998.

Comments must be received on or

before August 24, 1998.

ADDRESSES: Send comments on the rule

in triplicate to Manager, Airspace

Branch, Air Traffic Division, Federal

Aviation Administration, Southwest

Region, Docket No. 98–ASW–39, 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 9:00 a.m. and 3:00 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, Fort 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–

222–5593.

SUPPLEMENTARY INFORMATION: This

amendment to 14 CFR part 71

establishes Class E airspace at Theodore,

AL. The development of a GPS SIAP,

helicopter point-in-space approach, to a

heliport in the Theodore, AL, area 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 IFR

operations to the heliport.

Class E airspace designations are

published in Paragraph 6005 of FAA

Order 7400.9E, dated September 10,

1997, and effective September 16, 1997,

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 any 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
36840 Federal Register / Vol. 63, No. 130 /Wednesday, July 8, 1998 /Rules and Regulations

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

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. 98–ASW–39.’’ 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

levels 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.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9E, Airspace

Designations and Reporting Points,

dated September 10, 1997, and effective

September 16, 1997, is amended as

follows:

Paragraph 6005: Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

ASO AL E5 Theodore, AL [New]

Point In Space Coordinates

(Lat. 30°25′06′′ N., long. 88°10′45′′ W.)

That airspace extending upward from 700

feet above the surface within a 6-mile radius

of the point in space in Theodore, AL.

* * * * *

Issued in Forth Worth, TX, on June 30,

1998.

Albert L. Viselli,

Acting Manager, Air Traffic Division,

Southwest Region.

[FR Doc. 98–18106 Filed 7–7–98; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98–ASW–38]

Revision of Class E Airspace;

Pascagoula, MS

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule; request for

comments.

SUMMARY: This amendment revises the

Class E airspace at Pascagoula, MS. The

development of a global positioning

system (GPS) standard instrument

approach procedures (SIAP), helicopter

point-in-space approach, to a heliport in

the Pascagoula, MS, area 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 the heliport.

DATES: Effective 0901 UTC, October 8,

1998.

Comments must be received on or

before August 24, 1998.

ADDRESSES: Send comments on the rule

in triplicate to Manager, Airspace

Branch, Air Traffic Division, Federal

Aviation Administration, Southwest

Region, Docket No. 98–ASW–38, 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 9:00 a.m. and 3:00 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, Fort 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–

222–5593.

SUPPLEMENTARY INFORMATION:

This amendment to 14 CFR part 71

revises the Class E airspace at