Airworthiness directives: Class E airspace,

[Federal Register: December 21, 2001 (Volume 66, Number 246)]

[Rules and Regulations]

[Page 65834-65835]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr21de01-8]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 01-AWP-27]

Establishment of a Class E Enroute Domestic Airspace Area, Iron

Mountain, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule, requests for comments.

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SUMMARY: This action establishes a Class E enroute domestic airspace

area beginning at 1,200 feet above ground level (AGL) in the vicinity

of Iron Mountain, CA, to replace existing Class G uncontrolled

airspace.

DATES: Effective Date: 0901 UTC February 21, 2002. Comment Date:

Comments for inclusion in the Rules Docket must be received on or

before January 22, 2002.

ADDRESSES: Send comments on the direct final rule in triplicate to:

Federal Aviation Administration, Attn: Manager, Airspace Branch, AWP-

520, Docket No. 01-AWP-27, Air Traffic Division, P.O. Box 92007, Los

Angeles, California 90009.

The official docket may be examined in the Office of the Assistant

Chief Counsel, Western-Pacific Region, Federal Aviation Administration,

Room 6007, 15000 Aviation Boulevard, Lawndale, California 90261.

An informal docket may also be examined during normal business

hours at the Office of the Manager, Airspace Branch, Air Traffic

Division at the above address.

FOR FURTHER INFORMATION CONTACT: Debra Trindle, Air Traffic Division,

Airspace Specialist, AWP-520, Western-Pacific Region, Federal Aviation

Administration, 15000 Aviation Boulevard, Lawndale, California 90261,

telephone (301) 725-6613.

[[Page 65835]]

SUPPLEMENTARY INFORMATION: This action will establish a Class E enroute

domestic airspace area with a base altitude of 1,200 feet AGL in the

vicinity of Iron Mountain, CA. A review of the airspace in southern

California revealed large areas of uncontrolled (Class G) airspace

immediately adjacent to numerous federal airways. Because this airspace

is Class G (uncontrolled) below 14,500 feet mean sea level (MSL), the

Los Angeles Air Route Traffic Control Center (ARTCC) cannot initiate

instrument flight rules (IFR) air traffic services within Class G

airspace. IFR services may be provided to aircraft operating in Class G

airspace only when the pilot requests such service. This procedure

effectively limits the flexibility of Los Angeles ARTCC in providing

off route vectors and direct routing to aircraft in these areas. En

route domestic airspace areas are intended to create controlled

airspace in those areas where there is a requirement, or need, to

provide Instrument Flight Rules (IFR) en route air traffic control

services but the Federal airway segment is inadequate. The intended

effect of this action is to establish Class E controlled airspace

within the boundaries of the above-mentioned area, thereby replacing

the existing uncontrolled airspace.

Class E enroute domestic airspace areas are published in Paragraph

6006 of FAA Order 7400.9J dated August 31, 2001, and effective

September 16, 2001, which is incorporated by reference in 14 CFR 71.1.

The Class E airspace designation listed in this document will be

published subsequently in this Order.

The Direct Final Rule Procedure

The FAA anticipates that this regulation will not result in adverse

or negative comment and therefore is issuing it as a direct final rule.

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 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 would be 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. 01-AWP-27.'' 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.

The FAA has determined that this regulation is noncontroversial and

unlikely to result in adverse or negative comments. For the reasons

discussed in the preamble, 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 ``signification 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 will not have a significant economic impact on

a substantial number of small entities under the criteria of the

Regulatory Flexibility Act.

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, 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.

   Sec. 71.1 [Amended]

2. The incorporation by reference in 14 CFR 71.1 of the Federal

   Aviation Administration Order 7400.9J, Airspace Designations and

   Reporting Points, dated August 31, 1001, and effective September 16,

   2001, is amended as follows:

   * * * * *

   Paragraph 6006 Enroute Domestic Airspace Areas

   * * * * *

   Iron Mountain, CA [NEW]

   That airspace extending upward from 1200 feet above the surface

   bounded on the north and east by V135, bounded on the south by V16-

   372, bounded on the west by V208-514 and V514-538, excluding that

   airspace within the Needles, Blythe, Parker, and Twentynine Palms

   Class E airspace areas, and that airspace designated for federal

   airways.

   Issued in Los Angeles, California, on October 29, 2001.

   Dawna J. Vicars,

   Acting Manager, Air Traffic Division, Western-Pacific Region.

   [FR Doc. 01-31518 Filed 12-20-01; 8:45 am]

   BILLING CODE 4910-13-M