Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Proposed Rules 58513 

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 would 

establish controlled airspace at Lone 

Star Executive Airport, Conroe, TX. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, the Federal 

Aviation Administration proposes to 

amend 14 CFR Part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; 

AIRWAYS; ROUTES; AND REPORTING 

POINTS 

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. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9R, Airspace 

Designations and Reporting Points, 

dated August 15, 2007, and effective 

September 15, 2007, is amended as 

follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

ASW TX D Conroe, TX (New) 

Lone Star Executive Airport, TX 

(Lat. 30°21′09′′ N., long. 95°24′52′′ W.) 

Humble VORTAC 

(Lat. 29°57′25′′ N., long. 95°20′45′′ W.) 

Navasota VORTAC 

(Lat. 30°17′19′′ N., long. 96°03′30′′ W.) 

That airspace extending upward from the 

surface to and including 2,700 feet MSL 

within a 4.1-mile radius of Lone Star 

Executive Airport, excluding that airspace 

within the 4.1-mile radius north and east of 

the intersection of the IAH 352° radial and 

the TNV 075° radial. 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. 

Paragraph 6002 Class E Airspace 

Designated as Surface Areas. 

* * * * * 

ASW TX E2 Conroe, TX (New) 

Lone Star Executive Airport, TX 

(Lat. 30°21′09′′ N., long. 95°24′52′′ W.) 

Humble VORTAC 

(Lat. 29°57′25′′ N., long. 95°20′45′′ W.) 

Navasota VORTAC 

(Lat. 30°17′19′′ N., long. 96°03′30′′ W.) 

Within a 4.1-mile radius of Lone Star 

Executive Airport, excluding that airspace 

within the 4.1-mile radius north and east of 

the intersection of the IAH 352° radial and 

the TNV 075° radial. This Class E 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 September 25, 

2008. 

Donald R. Smith, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. E8–23753 Filed 10–6–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0985; Airspace 

Docket No. 08–ASW–18] 

Proposed Establishment of Class E 

Airspace; Edinburg, TX 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This action proposes to 

establish Class E airspace at South 

Texas International Airport, Edinburg, 

TX. Controlled airspace is necessary to 

accommodate Standard Instrument 

Approach Procedures (SIAP) at South 

Texas International Airport, Edinburg, 

TX. The FAA is taking this action to 

enhance the safety and management of 

Instrument Flight Rules (IFR) aircraft 

operations at South Texas International 

Airport. 

DATES: Comments must be received on 

or before November 21, 2008. 

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– 

0985/Airspace Docket No. 08–ASW–18, 

at the beginning of your comments. You 

may also submit comments on the 

Internet at http://www.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 1–800–647– 

5527), is on the ground floor of the 

building at the above address. 

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: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

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 proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2008–0985/Airspace 

Docket No. 08–ASW–18.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

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

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http:// 

www.faa.gov or the Superintendent of 

Document’s Web page at http:// 

www.access.gpo.gov/nara. 

Additionally, any person may obtain 

a copy of this notice by submitting a 

request to the Federal Aviation 

Administration (FAA), Office of Air 

Traffic Airspace Management, ATA– 

400, 800 Independence Avenue, SW., 

Washington, DC 20591, or by calling 

(202) 267–8783. Communications must 

identify both docket numbers for this 

notice. Persons interested in being 

placed on a mailing list for future 

NPRMs should contact the FAA’s Office 

of Rulemaking (202) 267–9677, to 

request a copy of Advisory Circular No. 


pwalker on PROD1PC71 with PROPOSALS
58514 Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Proposed Rules 

11–2A, Notice of Proposed Rulemaking 

Distribution System, which describes 

the application procedure. 

The Proposal 

This action proposes to amend Title 

14, Code of Federal Regulations (14 

CFR), Part 71 by establishing Class E 

airspace for SIAP IFR operations at 

South Texas International Airport, 

Edinburg, TX. The area would be 

depicted on appropriate aeronautical 

charts. 

Class E airspace areas are published 

in Paragraph 6005 of FAA Order 

7400.9R, dated August 15, 2007, and 

effective September 15, 2007, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document would be 

published subsequently in the Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 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 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 would 

establish controlled airspace at South 

Texas International Airport, Edinburg, 

TX. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; 

AIRWAYS; ROUTES; AND REPORTING 

POINTS 

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. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9R, Airspace 

Designations and Reporting Points, 

dated August 15, 2007, and effective 

September 15, 2007, is amended as 

follows: 

Paragraph 6005 Class E Airspace areas 

extending upward from 700′ or more above 

the surface of the earth. 

* * * * * 

ASW TX E5 Edinburg, TX [New] 

South Texas International Airport, TX 

(Lat. 26°26′30′′ N., long. 98°07′20′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.4-mile 

radius of South Texas International Airport. 

* * * * * 

Issued in Fort Worth, TX on September 26, 

2008. 

Donald R. Smith, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. E8–23768 Filed 10–6–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–143453–05] 

RIN 1545–BE96 

Capital Costs Incurred To Comply With 

EPA Sulfur Regulations; Hearing 

Cancellation 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Cancellation of notice of public 

hearing on proposed rulemaking by 

cross-reference to temporary 

regulations. 

SUMMARY: This document cancels a 

public hearing on proposed rulemaking 

by cross-reference to temporary 

regulations under section 179B of the 

Internal Revenue Code (Code) relating to 

the deduction of qualified capital costs 

paid or incurred by a small business 

refiner to comply with the highway 

diesel fuel sulfur control requirements 

of the Environmental Protection 

Agency. 

DATES: The public hearing, originally 

scheduled for October 28, 2008 at 10 

a.m. is cancelled. 

FOR FURTHER INFORMATION CONTACT: 

Funmi Taylor of the Publications and 

Regulations Branch, Legal Processing 

Division, Associate Chief Counsel 

(Procedure and Administration) at (202) 

622–3628 (not a toll-free number). 

SUPPLEMENTARY INFORMATION: A notice 

of proposed rulemaking by crossreference to temporary regulations and a 

notice of public hearing that appeared 

in the Federal Register on Friday, June 

27, 2008 (73 FR 36475) announced that 

a public hearing was scheduled for 

October 28, 2008, at 10 a.m. in the IRS 

Auditorium, Internal Revenue Building, 

1111 Constitution Avenue, NW., 

Washington, DC. The subject of the 

public hearing is under section 179B of 

the Internal Revenue Code. 

The public comment period for these 

regulations expired on September 25, 

2008. Outlines of topics to be discussed 

at the hearing were due on September 

22, 2008. The notice of proposed 

rulemaking by cross-reference to 

temporary regulations and notice of 

public hearing instructed those 

interested in testifying at the public 

hearing to submit an outline of the 

topics to be addressed. As of Tuesday, 

September 30, 2008, no one has 

requested to speak. Therefore, the 

public hearing scheduled for October 

28, 2008, is cancelled. 

Guy Traynor, 

Federal Register Liaison, Publications and 

Regulations Branch, Legal Processing 

Division, Associate Chief Counsel, (Procedure 

and Administration). 

[FR Doc. E8–23656 Filed 10–6–08; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–128841–07] 

RIN 1545–BG91 

Public Approval Guidance for TaxExempt Bonds; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 


pwalker on PROD1PC71 with PROPOSALS