[Federal Register Volume 66, Number 38 (Monday, February 26, 2001)]
[Rules and Regulations]
[Pages 11531-11532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4680]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 00-AWP-1]


Establishment of Class E Enroute Domestic Airspace Area, El 
Centro, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule, request for comments.

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SUMMARY: This action establishes a Class E enroute domestic airspace 
area beginning at 1,200 feet above ground level (AGL) in the vicinity 
of El Centro, CA, to replace existing Class G uncontrolled airspace 
within Restricted Area 2510A (R2510A), the Kane West Military Operating 
Area (MOA), and Kane East MOA.

EFFECTIVE DATE: 0901 UTC June 15, 2001. Comment date: Comments for 
inclusion in the Rules Docket must be received on or before March 28, 
2001.

ADDRESSES: Send comments on the direct final rule in triplicate to: 
Federal Aviation Administration, Attn: Manager, Airspace Branch, AWP-
520, Docket No. 01-AWP-1, 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 establish a Class E enroute 
domestic airspace area with a base altitude of 1,200 feet AGL in 
R2510A, the Kane West MOA, and the Kane East MOA. A review of the 
airspace in southern California revealed large areas of uncontrolled 
(Class G) airspace collocated with military Special Use Airspace (SUA). 
R2510A, Kane West MOA and Kane East MOA are designated for use by the 
U.S. Marine Corps, Commander, Yuma Marine Corps Air Station, Yuma, AZ. 
Because this airspace is Class G (uncontrolled) below 14,500 feet mean 
sea level (MSL), the Los Angeles Air Route Traffic Control Center 
(ARTCC) cannot use nor provide air traffic services within this 
airspace during times that it is released to Los Angeles ARTCC. En 
route domestic airspace areas are intended to create controlled 
airspace in those areas where there is a requirement to provide 
Instrument Flight Rules (IFR) en route air traffic control services but 
the Federal airway segment is inadequate. The intended effect of this 
action is to establish Class E controlled airspace within the 
boundaries of the above referenced SUA, thereby replacing the existing 
uncontrolled, Class G airspace. Class E enroute domestic airspace areas 
are published in Paragraph 6006 of FAA Order 7400.9H dated September 1, 
2000, and effective September 16, 2000, 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,

[[Page 11532]]

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, 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. 01-AWP-1.'' 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 role'' 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.


Sec. 71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9H, Airspace Designations and 
Reporting Points, dated September 1, 2000, and effective September 16, 
2000, is amended as follows:
* * * * *

Paragraph 6006  Enroute Domestic Airspace Areas

* * * * *

El Centro, CA  [Established]

    That airspace extending upward from 1200 feet above the surface 
beginning at long. 116 deg.10'03"W, lat. 32 deg.57'00", thence 
proceeding north along long. 116 deg.10'03"W to the southern edge of 
V460 thence clockwise to the western edge of V137, thence clockwise 
to the northern edge of V66-458, thence to the point of beginning, 
excluding that airspace within the Imperial, El Centro, and San 
Diego Class E5 airspace areas.

    Issued in Los Angeles, California, on February 12, 2001.
John Clancy,
Manager, Air Traffic Division, Western-Pacific Region.
[FR Doc. 01-4680 Filed 2-23-01; 8:45 am]
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