[Federal Register Volume 63, Number 129 (Tuesday, July 7, 1998)]
[Rules and Regulations]
[Pages 36554-36555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17858]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98-AWP-14]


Revision of Class D Airspace, San Diego, North Island NAS, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action will amend the Class D airspace area operating 
times at San Diego, North Island Naval Air Station, (NZY) Halsey Field, 
CA. In April of 1998 the U.S. Navy reduced the hours of operation of 
the Air Traffic Control Tower (ATCT) at NZY. The reduction of the ATCT 
hours of operation has made this action necessary. The intended effect 
of this action is to modify the hours of the NZY Class D airspace area 
in the legal description of the controlled airspace. This action does 
not involve a change in the dimensions or operating requirements of 
that airspace containing Instrument Flight Rules (IFR) operations at 
NZY.

DATES: Effective Date: 0901 UTC October 8, 1998. Comment date: Comments 
for inclusion in the Rules Docket must be received on or before August 
6, 1998.

ADDRESSES: Send comments on the direct final rule in triplicate to: 
Federal Aviation Administration, Attn: Manager, Airspace Branch, AWP-
520, Docket No. 98-AWP-14, Air Traffic Division, P.O. Box 92007, 
Worldway Postal Center, 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, Airspace Specialist, Airspace Branch, AWP-520, Air 
Traffic Division, Western-Pacific Region, Federal Aviation 
Administration, 15000 Aviation Boulevard, Lawndale, California 90261, 
telephone (310) 725-6613.

SUPPLEMENTARY INFORMATION: This action will change the airspace legal 
description to reflect the new operating hours of the Class D airspace 
area of NZY. The 1998 reduction of the ATCT hours of operation has made 
this action necessary. The intended effect of this action is to modify 
the hours of the NZY Class D airspace area in the legal description of 
the controlled airspace. Class D airspace areas are published in 
Paragraph 5000 of FAA Order 7400.9E dated September 10, 1997, and 
effective September 16, 1997, which is incorporated by reference in 14 
CFR 71.1. The Class D airspace designation listed in this document 
would 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.

[[Page 36555]]

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 are 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. 98-AWP-16.'' 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 reason 
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 ``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 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; 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; 14 CFR 11.69.


Sec. 71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9E, Airspace Designations and 
Reporting Points, dated September 10, 1997, and effective September 16, 
1997, is amended as follows:

Paragraph 5000  Class D Airspace

* * * * *

AWP CA D San Diego, North Island NAS, CA [Revised]

San Diego, North Island NAS (Halsey Field), CA
    (lat. 32 deg.41'57'' N, long. 117 deg.12'55'' W)

    That airspace extending upward from the surface to but not 
including 2,800 feet MSL within a 4.3-mile radius of North Island 
NAS (Halsey Field), excluding the airspace within the San Diego, CA, 
Class B 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 Los Angeles, California, on June 23, 1998.
John G. Clancy,
Manager, Air Traffic Division, Western-Pacific Region.
[FR Doc. 98-17858 Filed 7-6-98; 8:45 am]
BILLING CODE 4910-13-M