[Federal Register Volume 63, Number 168 (Monday, August 31, 1998)]
[Rules and Regulations]
[Pages 46166-46167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23367]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98-AWP-20]


Revision of Class E 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 effective hours of the Class E 
airspace extension for 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 Airport Traffic Control Tower (ATCT) at NZY. A 
separate airspace docket has been published in the Federal Register 
amending the effective hours of the NZY Class D airspace surface area. 
The Class E airspace extension operates in conjunction with the Class D 
airspace surface area. The reduction of the ATCT hours of operation has 
made this action necessary. The intended effect of this action is to 
modify the effective hours of the NZY Class E airspace extension 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.

EFFECTIVE DATE: 0901 UTC December 3, 1998. Comment date: Comments for 
inclusion in the Rules Docket must be received on or before September 
30, 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-20, 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, Air Traffic Division, Airspace Specialist, AWP-520, 
Western-Pacific Region, Federal Aviation Administration, 15000 Aviation 
Boulevard, Lawndale, California 90261, telephone (310) 725-6613.

SUPPLEMENTARY INFORMATION: This action will amend the airspace legal 
description to reflect the new operating hours of the Class E arrival 
extension 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 E airspace area in the legal 
description of the controlled airspace. Class E airspace arrival 
extensions are published in Paragraph 6004 of FAA Order 7400.9D dated 
September 10,

[[Page 46167]]

1997, and effective September 16, 1997, which is incorporated by 
reference in 14 CFR 71.1. The Class E 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.

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. 98-AWP-20.'' 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 ``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 6004  Class E airspace areas designated as an extension 
to a Class D surface area.

* * * * *

AWP CA E4  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)
North Island TACAN
    (Lat. 32 deg.42'09'' N, long. 117 deg.12'58'' W)

    That airspace extending upward from the surface within the North 
Island TACAN 8.7-mile radius, extending clockwise from a line 1.8 
miles north of and parallel to the North Island TACAN 120 deg. 
radial clockwise to the 162 deg. radial, excluding the airspace 
within the San Diego, CA, Class B airspace area and the portion 
within the Imperial Beach NOLF, CA, Class D airspace area. 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 Los Angeles, California, on August 19, 1998.
Dawna Vicars,
Assistant Manager, Air Traffic Division, Western-Pacific Region.
[FR Doc. 98-23367 Filed 8-28-98; 8:45 am]
BILLING CODE 4910-13-M