Airworthiness directives: Class C airspace,

[Federal Register: November 5, 1999 (Volume 64, Number 214)]

[Proposed Rules]

[Page 60388-60390]

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

[DOCID:fr05no99-19]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 99-AWA-10]

RIN 2120-AA66

Proposed Revocation of the El Toro Marine Corps Air Station (MCAS) Class C Airspace Area, and Revision of the Santa Ana Class C Airspace Area; California

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

SUMMARY: This notice proposes to revoke the El Toro MCAS, CA, Class C airspace area and to remove reference to the El Toro MCAS Class C airspace area in the description of the Santa Ana, CA, Class C airspace area. The FAA is taking this action due to the closure of the El Toro MCAS air traffic control (ATC) facilities. This proposal would not change the dimensions, operating requirements, or flight paths of the current Santa Ana Class C airspace area.

DATES: Comments must be received on or before December 23, 1999.

ADDRESSES: Send comments on the proposal in triplicate to the Federal Aviation Administration, Office of the Chief Counsel, Attention: Rules Docket, AGC-200, Airspace Docket No. 99-AWA-10, 800 Independence Avenue, SW., Washington, DC 20591. Comments may also be sent electronically to the following Internet address: nprmcmts@mail.hq.faa.gov. The official docket may be examined in the Rules Docket, Office of the Chief Counsel, Room 916, weekdays, except Federal holidays, between 8:30 a.m. and 5:00 p.m.

An informal docket may also be examined during normal business hours at the FAA Western-Pacific Regional Office.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules Division, ATA-400, Office of Air Traffic Airspace Management, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone: (202) 267-8783.

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

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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 the airspace docket number 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 Airspace Docket No. 99-AWA-10.'' The postcard will be date/time stamped and returned to the commenter. All communications received on or before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this notice may be changed in light of comments received. All comments submitted will be available for examination in the Rules Docket both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will also be filedin the docket.

Availability of NPRM's

An electronic copy of this document may be downloaded from the FAA regulations section of the Fedworld electronic bulletin board service (telephone: 703-321-3339) or the Federal Register's electronic bulletin board service (telephone: 202-512-1661) using a modem and suitable communications software.

Internet users may reach the FAA's web page at http://www.faa.gov or the Federal Register's webpage at http://www.access.gpo.gov/nara for access to recently published rulemaking documents.

Any person may obtain a copy of this NPRM by submitting a request to the Federal Aviation Administration, Office of Air Traffic Airspace Management, Attention: Airspace and Rules Division, ATA-400, 800 Independence Avenue, SW., Washington, DC 20591, or by calling (202) 267-8783. Communications must identify the notice number of this NPRM. Persons interested in being placed on a mailing list for future NPRM's should contact the Federal Aviation Administration, Office of Rulemaking, (202) 267-9677, to request a copy of Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure.

Background

Effective July 2, 1999, the United States Marine Corps permanently terminated ATC service at El Toro MCAS as a result of the Base Realignment and Closure (BRAC) recommendations and decisions. Therefore, there is no longer a requirement to retain a Class C airspace area at El Toro MCAS.

The Proposal

This action proposes to amend 14 CFR part 71 by revoking the El Toro MCAS Class C airspace area. The proposed removal of the airspace area is necessary due to the closure of the ATC facilities at El Toro MCAS. The current Class C airspace area would revert to Class E controlled airspace. This proposed action also would revise the Santa Ana Class C airspace area by removing references to El Toro MCAS from the description. These proposed actions revoke the Class C airspace designation and revise the description for the Santa Ana Class C airspace area, but do not change the dimensions, operating requirements, or flight patterns in the area.

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. Therefore, this proposed action: (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 coordinates for this airspace docket are based on North American Datum 83. Class C airspace designations are published in paragraph 4000 of FAA Order 7400.9G, dated September 1, 1999, and effective September 16, 1999, which is incorporated by reference in 14 CFR 71.1. The Class C airspace designation listed in this document would be removed from the Order.

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, CLASS B, CLASS C, CLASS D, AND CLASS 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 the Federal Aviation Administration Order 7400.9G, Airspace Designations and Reporting Points, dated September 1, 1999, and effective September 16, 1999, is amended as follows:

   Paragraph 4000 Subpart C--Class C Airspace.

   * * * * * AWP CA C El Toro MCAS, CA [Removed] * * * * * AWP CA C Santa Ana, CA [Revised] John Wayne Airport/Orange County, CA

   (lat. 33 deg.40'32'' N., long. 117 deg.52'06'' W.)

   That airspace extending upward from the surface to and including 4,400 feet MSL within a 5-mile radius of the John Wayne Airport/ Orange County excluding that airspace east of a line between lat. 33 deg.44'12'' N., long. 117 deg.48'00'' W.; and lat. 33 deg.36'55'' N., long. 117 deg.47'58'' W.; and that airspace extending upward from 2,500 feet MSL to and including 4,400 feet MSL within a 10-mile radius of the John Wayne Airport/Orange County, west of a line from lat. 33 deg.36'55'' N., long. 117 deg.47'58'' W.; to lat. 33 deg.31'09'' N., long. 117 deg.47'56'' W. clockwise to the 175 deg. bearing from John Wayne Airport/Orange County; and that airspace extending upward from 1,500 feet MSL to and including 4,400 feet MSL within a 10-mile radius of John Wayne Airport/Orange County from the 175 deg. bearing clockwise to the 201 deg. bearing from John Wayne Airport/Orange County; and that airspace extending upward from 3,500 feet MSL to and including 5,400 feet MSL within a 10-mile radius of John Wayne Airport/Orange County from the 201 deg. bearing from the airport to the shoreline, excluding that airspace west of a line from the 351 deg. bearing from John Wayne Airport/Orange County to the 251 deg. bearing from John Wayne Airport/Orange County; and that airspace extending upward from 2,500 feet MSL to and including 5,400 feet MSL within a 10-mile radius of John Wayne Airport/Orange County from the shoreline to the San Diego Freeway (I-405), excluding that airspace west of a line from the 351 deg. bearing from John Wayne Airport/Orange County to the 251 deg. bearing from John Wayne Airport/Orange County; and that airspace extending

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   upward from 2,500 feet MSL to and including 4,400 feet MSL within a 10-mile radius of John Wayne Airport/Orange County from the San Diego Freeway clockwise to the 360 deg. bearing from the John Wayne Airport/Orange County, excluding that airspace west of a line from the 351 deg. bearing from John Wayne Airport/Orange County to the 251 deg. bearing from John Wayne Airport/Orange County; and that airspace extending upward from 2,000 feet MSL to and including 4,400 feet MSL within a 10-mile radius of John Wayne Airport/Orange County from the 360 deg. bearing from the John Wayne Airport/Orange County clockwise to a line from lat. 33 deg.49'58'' N., long. 117 deg.48'02'' W.; to lat. 33 deg.44'12'' N., long. 117 deg.48'00'' W. This Class C airspace area is effective during the specific days and hours of operation of the Orange County Tower and Approach Control as established in advance by a Notice to Airmen. The effective dates and times will thereafter be continuously published in the Airport/Facility Directory. * * * * *

   Issued in Washington, DC on November 1, 1999. Reginald C. Matthews, Manager, Airspace and Rules Division.

   [FR Doc. 99-29041Filed11-4-99; 8:45 am]

   BILLING CODE 4910-13-P