[Federal Register Volume 63, Number 182 (Monday, September 21, 1998)]
[Rules and Regulations]
[Pages 50140-50142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25208]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98-AWP-21]


Revision of Class D Airspace; San Diego-Gillespie Field, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action will revise the Class D airspace at San Diego-
Gillespie Field, CA by lowering the ceiling of the Class D airspace 
area from 2,900 feet Mean Sea Level (MSL) to 2,400 feet MSL. The 
proposed modification of the San Diego, CA, Class B airspace area would 
create a narrow 300 foot corridor northeast of Gillespie Field. This 
corridor would reduce the available airspace for aircraft that are 
approaching or overflying Gillespie Field from the northeast. Lowering 
the Gillespie Field Class D airspace ceiling will create an 800 foot 
corridor along this same route, thereby increasing navigable airspace 
for aircraft operating under Visual Flight Rules (VFR).

EFFECTIVE DATE: 0901 UTC December 31, 1998. Comment date: Comments for 
inclusion in the Rules Docket must be received on or before October 21, 
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-21, 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-520.10, Western-Pacific Region, Federal

[[Page 50141]]

Aviation Administration, 15000 Aviation Boulevard, Lawndale, California 
90261, telephone (310) 725-6613.

SUPPLEMENTARY INFORMATION: This amendment to 14 CFR 71 revises the 
Class D airspace at San Diego-Gillespie Field, CA by lowering the 
ceiling of the Class D from 2,900 feet Mean Sea Level (MSL) to 2,400 
feet MSL. On May 19, 1998, the FAA published a Notice of Proposed 
Rulemaking (NPRM) to modify the San Diego, CA, Class B airspace area. A 
comment on the NPRM was received indicating that the proposed 
modification to the San Diego Class B airspace would create a 300 foot 
corridor northeast of Gillespie Field. This corridor will result from 
lowering the floor of the San Diego Class B airspace area ``I'' from 
3,800 feet MSL to 3,200 feet MSL. The above mentioned corridor would 
exist over the upper limit of the Gillespie Field Class D airspace area 
when aircraft are approaching or overflying Gillespie Field from the 
northeast. After careful analysis of the Gillespie Field Class D 
airspace area and the adjacent San Diego Class B airspace area, the FAA 
agrees with the comment and proposes lowering the Gillespie Field Class 
D airspace ceiling to create an 800 foot corridor, thereby increasing 
navigable airspace for aircraft operating under Visual Flight Rules 
(VFR). Class D airspace areas are published in Paragraph 5000 of FAA 
Order 7400.9F dated September 10, 1998, and effective September 16, 
1998, which is incorporated by reference in 14 CFR 71.1. The Class D 
airspace designation listed in this document will be published 
subsequently in the 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. 
This action revises controlled airspace associated with San Diego-
Gillespie Field, CA. The intended effect of this action is to remove 
controlled airspace where no longer required and to increase navigable 
airspace for aircraft operating VFR. 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 Rule 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-21.'' 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 7400.9F, Airspace Designations and 
Reporting Points, dated September 10, 1998, and effective September 16, 
1998, is amended as follows:

Paragraph 5000  Class D Airspace

* * * * *

AWP CA D  San Diego-Gillespie Field, CA [Revised]

San Diego-Gillespie Field, CA
    (Lat. 32 deg.49'34''N, long. 116 deg.58'21''W)

    That airspace extending upward from the surface to and including 
2,400 feet MSL within a 4.3 mile radius of San Diego-Gillespie 
Field, excluding that airspace within the San Diego, CA, Class B 
airspace area and the Miramar NAS, CA, Class E airspace area. This 
Class D airspace area is effective during the dates and times 
established in advance by a Notice to

[[Page 50142]]

Airmen. The effective date and time will thereafter be continuously 
published in the Airport/Facility Directory.
* * * * *
    Issued in Los Angeles, California, on September 11, 1998.
Leonard A. Mobley,
Acting Manager, Air Traffic Division Western-Pacific Region.
[FR Doc. 98-25208 Filed 9-18-98; 8:45 am]
BILLING CODE 4910-13-M