56474 Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Rules and Regulations 

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 7400.9R 

signed August 15, 2007, and effective 

September 15, 2007, 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 that 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

establishing Class D airspace extending 

upward from the surface to and 

including 2,600 feet MSL within a 4.7- 

mile radius of Victoria Regional Airport. 

The establishment of an airport traffic 

control tower has made this action 

necessary for the safety and 

management of IFR aircraft operations at 

the airport. 

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 Victoria Regional 

Airport, Victoria, TX. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ 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 

■ 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 Part 71.1 of the Federal Aviation 

Administration Order 7400.9R, Airspace 

Designations and Reporting Points, 

signed August 15, 2007, and effective 

September 15, 2007, is amended as 

follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

ASW TX D Victoria, TX [New] 

Victoria Regional Airport, TX 

(Lat. 28°51′09′′ N., long. 96°55′07′′ W.) 

That airspace extending upward from the 

surface to and including 2,600 feet MSL 

within a 4.7-mile radius of Victoria Regional 

Airport. 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 August 28, 

2008. 

Roger M. Trevino, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. E8–22455 Filed 9–26–08; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0683; Airspace 

Docket No. 08–ASW–11] 

Establishment of Class E Airspace; 

Plains, TX 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: This action confirms the 

effective date of the direct final rule that 

establishes Class E5 airspace at Plains, 

TX, published in the Federal Register 

July 7, 2008, (73 FR 38313) Docket No. 

FAA–2008–0683. 

DATES: Effective Date: 0901 UTC 

September 25, 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. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76193–0530; telephone (817) 

222–5582. 

SUPPLEMENTARY INFORMATION: 

History 

The FAA published a direct final rule 

with request for comments in the 

Federal Register July 7, 2008 (73 FR 

38313), Docket No. FAA–2008–0683. 

The FAA uses the direct final rule 

procedure for non-controversial rules 

where the FAA believes that there will 

be no adverse public comment. This 

direct final rule advised the public that 

no adverse comments were anticipated, 

and that unless a written adverse 

comment, or a written notice of intent 

to submit an adverse comment, was 

received within the comment period, 

the regulation would become effective 

on September 25, 2008. No adverse 

comments were received; thus, this 

notice confirms that the direct final rule 

will become effective on this date. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ 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 

■ 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– 

1 963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR Part 71.1 of the Federal Aviation 

Administration Order 7400.9R, Airspace 

Designations and Reporting Points, 

signed August 15, 2007, and effective 

September 15, 2007, is amended as 

follows: 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Rules and Regulations 56475 

Paragraph 6000 Class E Airspace. 

* * * * * 

ASW TX E5 Plains, TX [New] 

Yoakum County Airport, Plains, TX 

(Lat. 33°13′02′′ N., long. 102°49′49′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.54-mile 

radius of Yoakum County Airport. 

* * * * * 

Issued in Fort Worth, TX, on August 28, 

2008. 

Roger M. Trevino, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. E8–22445 Filed 9–26–08; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0203; Airspace 

Docket No. 08–ANE–99] 

Modification of Class D and E 

Airspace; Brunswick, ME 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule, request for 

comments. 

SUMMARY: This action modifies Class D 

and E Airspace at Brunswick, ME. The 

Brunswick NAS Air Traffic Control 

Tower operates on an other than a full 

time basis; therefore, the Class D 

Airspace and its extensions associated 

with the tower operations must be 

modified to reflect the times when the 

controlled airspace is effective. This 

action enhances the National Airspace 

System by relaxing the restrictions to 

the controlled airspace areas in the 

vicinity of Brunswick, ME. 

DATES: Effective 0901 UTC, January 15, 

2009. 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. Comments for inclusion 

in the Rules Docket must be received on 

or before November 13, 2008. 

ADDRESSES: Send comments on this rule 

to: U.S. Department of Transportation, 

Docket Operations, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590–0001; Telephone: 1–800– 

647–5527; Fax: 202–493–2251. You 

must identify the Docket Number FAA– 

2008 0203; Airspace Docket No. 08- 

ANE–99, at the beginning of your 

comments. You may also submit and 

review received comments through the 

Internet at http://www.regulations.gov. 

You may review the public docket 

containing the rule, any comments 

received, and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal Holidays. An informal docket 

may also be examined during normal 

business hours at the office of the 

Eastern Service Center, Federal Aviation 

Administration, Room 210, 1701 

Columbia Avenue, College Park, Georgia 

30337. 

FOR FURTHER INFORMATION CONTACT: 

Melinda Giddens, Operations Support 

Group, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; Telephone (404) 

305–5610, Fax 404–305–5572. 

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. The FAA 

has determined that this rule 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 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. If the FAA 

receives, 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. The direct final rule 

is used in this case to facilitate the 

timing of the charting schedule and 

enhance the operation at the airport, 

while still allowing and requesting 

public comment on this rulemaking 

action. An electronic copy of this 

document may be downloaded from and 

comments submitted through http:// 

www.regulations.gov. 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. Recently published 

rulemaking documents can also be 

accessed through the FAA’s web page at 

http://www.faa.gov or the Federal 

Register’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

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. 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. All comments submitted will be 

available, both before and after the 

closing date for comments, in the Rules 

Docket for examination by interested 

persons. Those 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. FAA–2008–0203; Airspace 

Docket No. 08–ANE–99.’’ The postcard 

will be date stamped and returned to the 

commenter. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

modifies Class D and E airspace at 

Brunswick, ME, by adding to the 

descriptions of the controlled airspace 

areas the hours of operation of the Air 

Traffic Control Tower (ATCT) at 

Brunswick NAS Airport. The ATCT at 

Brunswick operates on an other than 

full-time basis and, therefore, the Class 

D Airspace and its extensions associated 

with the tower operations must be 

modified to reflect the times when the 

controlled airspace is effective. 

Controlled airspace extending upward 

from the surface of the Earth is required 

to encompass the airspace necessary for 

instrument approaches for aircraft 

operating under Instrument Flight Rules 

(IFR). The current Class D and E 

airspace areas are sufficient for these 

approaches, so no additional controlled 

airspace must be defined. Effective 

times for the Brunswick Class D and E 

airspace areas will be published first by 

Notice to Airman, and then thereafter 


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