[Federal Register Volume 65, Number 36 (Wednesday, February 23, 2000)]
[Rules and Regulations]
[Pages 8849-8850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4226]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 99-AWA-10]
RIN 2120-AA66


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action revokes the El Toro MCAS, CA, Class C airspace 
area and removes references 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 action does not change the 
dimensions, operating requirements, or flight paths of the current 
Santa Ana Class C airspace area.

EFFECTIVE DATE: 0601 UTC, June 15, 2000.

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

SUPPLEMENTARY INFORMATION:

Background

    As a result of the Base Realignment and Closure (BRAC) 
recommendations and decisions, effective July 2, 1999, the United 
States Marine Corps permanently terminated ATC service at the El Toro 
MCAS. On November 5, 1999 , the FAA published an NPRM (64 FR 60388) 
that proposed to revoke the El Toro MCAS, CA, Class C airspace area and 
remove references to the El Toro MCAS from the Santa Ana, CA, Class C 
airspace area description. Interested parties were invited to 
participate in this rulemaking effort by submitting comments on the 
proposal to the FAA.

Public Input

    On November 5, 1999, the FAA published a notice of proposed 
rulemaking (NPRM) in the Federal Register (Airspace Docket 99-AWA-10; 
64 FR 60388) proposing to revoke the El Toro MCAS Class C airspace area 
and revise the Santa Ana Class C airspace area, CA. The comment period 
for this NPRM closed on December 23, 1999.
    No comments were received during the comment period. However, on 
January 31, 2000, one comment was received, objecting to the proposed 
revocation of the El Toro Class C airspace area, from the Orange County 
El Toro Local Redevelopment Authority (herein after referred to as 
``The Authority'') on behalf of the County of Orange. The Authority 
requested that the FAA temporarily suspend the current Class C airspace 
area, due to ongoing planning activities to convert the former MCAS El 
Toro into a commercial airport, and continue to chart the area. The 
Authority is of the belief that by retaining the airspace as is, the 
need to re-chart the airspace for a proposed commercial airport and 
possible environmental studies by the FAA under the National 
Environmental Protection Agency (NEPA) would be eliminated. The 
commentor also stated it would be consistent with historical practice 
to maintain the regulatory airspace since the airspace in question was 
only effective during published hours.
    The FAA does not agree with this commentor. It is FAA policy to 
work with local aviation interests to ascertain whether future changes 
should be considered to better accommodate all airspace users. The FAA 
establishes Class C airspace areas when it is determined that they will 
improve safety and enhance the management of aircraft operations. The 
FAA does not maintain regulatory airspace based on planning activities 
for proposed airports. If operations at the former MCAS meet the 
requirements for the establishment of regulatory airspace, the FAA 
would initiate rulemaking action to propose any required changes in the 
airspace area classification.

[[Page 8850]]

    Further, the FAA does not necessarily agree that there will be a 
need for an environmental study of this airspace area. The FAA has 
determined that regulatory airspace areas established to improve safety 
and/or manage aircraft operations qualifies for categorical exclusion 
from environmental review in accordance with FAA Order 1050.1, Policies 
and Procedures for Considering Environmental Impacts.

The Rule

    This action amends 14 CFR part 71 by revoking the Class C airspace 
area designated as the ``El Toro MCAS, CA'' Class C airspace area. The 
removal is necessary due to the closure of the ATC facilities at the El 
Toro MCAS and will revert the current Class C airspace to Class E 
controlled airspace. This action also revises the Santa Ana, CA, Class 
C airspace area, by removing references to the El Toro MCAS from the 
description. These actions merely revoke the Class C airspace area 
designation for the El Toro MCAS and revises the description for the 
Santa Ana, CA, Class C airspace area, but does not change the 
dimensions, operating requirements, or flight patterns in the Santa 
Ana, CA, area.
    The FAA has determined that 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 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 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 areas 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 area listed in this document will be published 
subsequently in the Order.

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 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 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 February 15, 2000.
Reginald C. Matthews,
Manager, Airspace and Rules Division.
[FR Doc. 00-4226 Filed 2-22-00; 8:45 am]
BILLING CODE 4910-13-P