[Federal Register Volume 66, Number 135 (Friday, July 13, 2001)]
[Rules and Regulations]
[Pages 36700-36701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17566]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 01-AWP-12]


Establishment of Class E Airspace at Van Nuys Airport; Van Nuys, 
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 Surface Area at the Van Nuys 
Airport in Van Nuys, CA. The purpose of this action is to provide 
additional controlled airspace at this high-density airport during 
hours when the control tower is closed. A Class D Surface Area is in 
effect daily at Van Nuys Airport during the specific hours when Air 
Traffic Control Tower (ATCT) is operational. Van Nuys Class D Surface 
Area hours are published continuously in the Airport/Facility 
Directory, and existing Class D airspace will not change as a result of 
this action. However, this action to establish a Class E Surface Area 
eliminates Class G uncontrolled airspace at Van Nuys Airport during 
hours when the ATCT is closed.

EFFECTIVE DATE: 0901 UTC November 1, 2001. Comment date: Comments for 
inclusion in the Rules Docket must be received on or before August 13, 
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-12, Air Traffic Division, P.O. Box 92007, 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: Jeri Carson, Air Traffic Division, 
Airspace Specialist, AWP-520, Western-Pacific Region, Federal Aviation 
Administration, 15000 Aviation Boulevard, Lawndale, California 90261, 
telephone (310) 725-6611.

SUPPLEMENTARY INFORMATION: This action establishes Class E airspace 
designated as a Surface Area at the Van Nuys Airport in Van Nuys, CA. 
The purpose of this action is to provide additional controlled airspace 
at this high-density airport during the hours when the air traffic 
control tower is closed. A Class D Surface Area is in effect daily at 
Van Nuys Airport during the specific hours when Van Nuys Air Traffic 
Control Tower is operational. The Van Nuys Call D Surface Area hours 
are published continuously in the Airport/Facility Directory. Existing 
Class D airspace will not change as a result of this action. However, 
this action to establish a Class E Surface Area eliminates Class G 
uncontrolled airspace at Van Nuys Airport when the control tower is 
closed. Van Nuys Airport now provides official aviation weather 
reporting service on a 24-hour daily basis, and meets all criteria for 
establishment of a Class E Surface Area at this location. The intended 
effect of this action is to provide adequate Class E controlled 
airspace to serve the

[[Page 36701]]

volume of aircraft operating at Van Nuys Airport during hours when the 
tower is closed.
    Class E airspace areas designated as surface areas for airports are 
published in Paragraph 6002 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 will be published subsequently in that 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 
the 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 of 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-12.'' 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 
governments 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 than 
will only affect air traffic procedures and air navigation, it is 
certified that this rule will not have 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 6002. Class E Airspace Designated as Surfae Areas.

* * * * *

AWP CA E2 Van Nuys, CA [New]

Van Nuys Airport, CA
    (Lat. 34 deg.12'35"N, long. 118 deg.29'24"W)
Burbank-Glendale-Pasadena Airport, CA
    (Lat. 34 deg.12'02"N, long. 118 deg.29'30"W)
Van Nuys VOR/DME
(Lat. 34 deg.13'24"N, long. 118 deg.29'30"W)
Whiteman Airport, CA
    (Lat. 34 deg.15'35"N, long. 118 deg.24'48"W)

    That airspace extending upward from the surface to but not 
inclding 3,000 feet MSL withn a 4.3-mile radius of Van Nuys Airport, 
excluding that airspace within the Burbank-Glendale-Pasadena 
Airport, CA, Class C airspace Area, and excluding that airspace 
between the Van Nuys VOR/DME 219 deg. radial clockwise to the Van 
Nuys VOR/DME 314 deg. radial extending beyond the Burank-Glendale-
Pasadena Airport 10-mile radius, and excluding that airspace within 
a 1.8-mile radius of Whiteman Airport.
* * * * *

    Issued in Los Angeles, California, on June 28, 2001.
Rose Cusic,
Acting Manager, Air Traffic Division, Western-Pacific Region.
[FR Doc. 01-17566 Filed 7-12-01; 8:45 am]
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