Proposed Establishment of Class D Airspace; Albuquerque, NM, 19174-19175 [E8-7267]

Download as PDF 19174 Proposed Rules Federal Register Vol. 73, No. 69 Wednesday, April 9, 2008 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2007–0915; Airspace Docket No. 07–ASW–13] Proposed Establishment of Class D Airspace; Albuquerque, NM Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking. rwilkins on PROD1PC63 with PROPOSALS AGENCY: SUMMARY: This action proposes to establish Class D airspace at Double Eagle II Airport, Albuquerque, New Mexico. The establishment of an air traffic control tower has made this action necessary for the safety of Instrument Flight Rule (IFR) operations at the Double Eagle II Airport. DATES: Comments must be received on or before May 27, 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–2007– 09 15/Airspace Docket No. 07–AS W– 13, at the beginning of your comments. You may also submit comments on the Internet at https://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: Gary Mallett, AMTI, CTR, Central Service Center, System Support Group, Federal Aviation Administration, Southwest Region, 2601 Meacham Blvd., Fort Worth, TX 76193–0530; telephone: (817) 222–4949. SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 16:54 Apr 08, 2008 Jkt 214001 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–2007–09 15/Airspace Docket No. 07–AS W–13.’’ 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 https://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA’s Web page at https:// www.faa.gov or the Superintendent of Document’s Web page at https:// 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. 1 l–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 a Class D airspace area for IFR operations at Double Eagle II Airport, Albuquerque, PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 New Mexico. The establishment of an air traffic control tower has made this action necessary. The area would be depicted on appropriate aeronautical charts. Class D airspace areas are published in Paragraph 5000 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 D 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 I, 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 Double Eagle II Airport, Albuquerque, New Mexico. 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: E:\FR\FM\09APP1.SGM 09APP1 Federal Register / Vol. 73, No. 69 / Wednesday, April 9, 2008 / Proposed Rules 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 NM D Albuquerque, NM [New] Double Eagle II Airport, NM (Lat. 35°08′42″ N., long. 106°42′40″ W.) Dudle NDB (LOM) (Lat. 35°13′02″ W., long. 106°42′46″ W.) That airspace extending upward from the surface to and including 7,500 feet MSL within a 4.3 mile radius of Double Eagle II Airport, and within 1 mile each side of the Double Eagle Runway 22 ILS localizer course, extending northeast from the 4.3 mile radius to the DUDLE NDB (LOM) excluding that airspace within the Albuquerque International Airport Class C airspace area. 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 March 31, 2008. Walter Tweedy, Acting Manager, System Support Group, ATO Central Service Center. [FR Doc. E8–7267 Filed 4–8–08; 8:45 am] BILLING CODE 4910–13–M DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1308 [Docket No. DEA–305P] rwilkins on PROD1PC63 with PROPOSALS RIN 1117–AB16 Control of Immediate Precursor Used in the Illicit Manufacture of Fentanyl as a Schedule II Controlled Substance Drug Enforcement Administration (DEA), Department of Justice. ACTION: Notice of Proposed Rulemaking. AGENCY: VerDate Aug<31>2005 16:54 Apr 08, 2008 Jkt 214001 SUMMARY: The Drug Enforcement Administration (DEA) is proposing to designate the precursor chemical, 4anilino-N-phenethyl-4-piperidine (ANPP) as an immediate precursor for the schedule II controlled substance, fentanyl, under the definition set forth in 21 U.S.C. § 802(23). Furthermore, DEA is proposing to control ANPP as a schedule II substance under the Controlled Substances Act (CSA), pursuant to the authority in 21 U.S.C. 811(e), which states that an immediate precursor may be placed in the same schedule as the controlled substance it produces, without the need of addressing the ‘‘factors determinative of control’’ in 21 U.S.C. § 811 or the findings required in 21 U.S.C. 812(b). ANPP is the immediate chemical intermediary in the synthesis process currently used by clandestine laboratory operators for the illicit manufacture of the schedule II controlled substance fentanyl. The distribution of illicitly manufactured fentanyl has caused an unprecedented outbreak of hundreds of fentanyl-related overdoses in the United States in recent months. DEA believes that the control of ANPP as a schedule II controlled substance is necessary to prevent its diversion as an immediate chemical intermediary for the illicit production of fentanyl. Written comments must be postmarked, and electronic comments must be sent, on or before June 9, 2008. DATES: To ensure proper handling of comments, please reference ‘‘Docket No. DEA–305’’ on all written and electronic correspondence. Written comments via regular mail should be sent to the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 20537, Attention: DEA Federal Register Representative/ODL. Written comments sent via express mail should be sent to DEA Headquarters, Attention: DEA Federal Register Representative/ODL, 8701 Morrissette Drive, Springfield, VA 22152. Comments may be sent directly to DEA electronically by sending an electronic message to dea.diversion.policy@usdoj.gov. Comments may also be sent electronically through https:// www.regulations.gov using the electronic comment form provided on that site. An electronic copy of this document is also available at the https://www.regulations.gov Web site. DEA will accept attachments to electronic comments in Microsoft Word, WordPerfect, Adobe PDF, or Excel file formats. DEA will not accept any file ADDRESSES: PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 19175 format other than those specifically listed here. Posting of Public Comments: Please note that all comments received are considered part of the public record and made available for public inspection online at https://www.regulations.gov and in the Drug Enforcement Administration’s public docket. Such information includes personal identifying information (such as your name, address, etc.) voluntarily submitted by the commenter. If you want to submit personal identifying information (such as your name, address, etc.) as part of your comment, but do not want it to be posted online or made available in the public docket, you must include the phrase ‘‘PERSONAL IDENTIFYING INFORMATION’’ in the first paragraph of your comment. You must also place all the personal identifying information you do not want posted online or made available in the public docket in the first paragraph of your comment and identify what information you want redacted. If you want to submit confidential business information as part of your comment, but do not want it to be posted online or made available in the public docket, you must include the phrase ‘‘CONFIDENTIAL BUSINESS INFORMATION’’ in the first paragraph of your comment. You must also prominently identify confidential business information to be redacted within the comment. If a comment has so much confidential business information that it cannot be effectively redacted, all or part of that comment may not be posted online or made available in the public docket. Personal identifying information and confidential business information identified and located as set forth above will be redacted and the comment, in redacted form, will be posted online and placed in the Drug Enforcement Administration’s public docket file. Please note that the Freedom of Information Act applies to all comments received. If you wish to inspect the agency’s public docket file in person by appointment, please see the FOR FURTHER INFORMATION CONTACT paragraph. FOR FURTHER INFORMATION CONTACT: Christine A. Sannerud, PhD, Chief, Drug and Chemical Evaluation Section, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 20537 at (202) 307–7183. SUPPLEMENTARY INFORMATION: The Drug Enforcement Administration (DEA) is extremely concerned with the recent increase in the illicit manufacture and distribution of fentanyl, which has E:\FR\FM\09APP1.SGM 09APP1

Agencies

[Federal Register Volume 73, Number 69 (Wednesday, April 9, 2008)]
[Proposed Rules]
[Pages 19174-19175]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-7267]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 73, No. 69 / Wednesday, April 9, 2008 / 
Proposed Rules

[[Page 19174]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2007-0915; Airspace Docket No. 07-ASW-13]


Proposed Establishment of Class D Airspace; Albuquerque, NM

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: This action proposes to establish Class D airspace at Double 
Eagle II Airport, Albuquerque, New Mexico. The establishment of an air 
traffic control tower has made this action necessary for the safety of 
Instrument Flight Rule (IFR) operations at the Double Eagle II Airport.

DATES: Comments must be received on or before May 27, 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-2007-09 15/Airspace Docket No. 07-
AS W-13, at the beginning of your comments. You may also submit 
comments on the Internet at https://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: Gary Mallett, AMTI, CTR, Central 
Service Center, System Support Group, Federal Aviation Administration, 
Southwest Region, 2601 Meacham Blvd., Fort Worth, TX 76193-0530; 
telephone: (817) 222-4949.

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-2007-09 15/
Airspace Docket No. 07-AS W-13.'' 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 https://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's Web page at https://
www.faa.gov or the Superintendent of Document's Web page at https://
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. 1 l-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 a Class D airspace area for IFR 
operations at Double Eagle II Airport, Albuquerque, New Mexico. The 
establishment of an air traffic control tower has made this action 
necessary. The area would be depicted on appropriate aeronautical 
charts.
    Class D airspace areas are published in Paragraph 5000 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 D 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 I, 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 Double Eagle II Airport, Albuquerque, New Mexico.

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:

[[Page 19175]]

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.


Sec.  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 NM D Albuquerque, NM [New]

Double Eagle II Airport, NM
    (Lat. 35[deg]08[min]42[sec] N., long. 106[deg]42[min]40[sec] W.)
Dudle NDB (LOM)
    (Lat. 35[deg]13[min]02[sec] W., long. 106[deg]42[min]46[sec] W.)

    That airspace extending upward from the surface to and including 
7,500 feet MSL within a 4.3 mile radius of Double Eagle II Airport, 
and within 1 mile each side of the Double Eagle Runway 22 ILS 
localizer course, extending northeast from the 4.3 mile radius to 
the DUDLE NDB (LOM) excluding that airspace within the Albuquerque 
International Airport Class C airspace area. 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 March 31, 2008.
Walter Tweedy,
Acting Manager, System Support Group, ATO Central Service Center.
[FR Doc. E8-7267 Filed 4-8-08; 8:45 am]
BILLING CODE 4910-13-M
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