[Federal Register Volume 66, Number 242 (Monday, December 17, 2001)]
[Rules and Regulations]
[Pages 64909-64910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30999]



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  Federal Register / Vol. 66, No. 242 / Monday, December 17, 2001 / 
Rules and Regulations  

[[Page 64909]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airport Docket No. 01-AWP-28]


Establishment of a Class E Enroute Domestic Airspace Area, 
Bristol Mountains, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule, request for comments.

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

SUMMARY: This action establishes a Class E enroute domestic airspace 
area beginning at 1,200 feet above ground level (AGL) in the vicinity 
of the Bristol Mountains, CA, to replace existing Class G uncontrolled 
airspace.

EFFECTIVE DATE: 0901 UTC February 21, 2002. Comment date: Comments for 
inclusion in the Rules Docket must be received on or before January 16, 
2002.

ADDRESSES: Send comments on the direct final rule in triplicate to: 
Federal Aviation Administration, Attn: Manager, Airspace Branch, AWP-
520, Docket No. 01-AWP-28, 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: 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 the 
vicinity of the Bristol Mountains, CA. A review of the airspace in 
southern California revealed large areas of uncontrolled (Class G) 
airspace immediately adjacent to numerous federal airways. 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 
initiate instrument flight rules (IFR) air traffic services within 
Class G airspace. IFR services may be provided to aircraft operating in 
Class G airspace only when the pilot requests such service. This 
procedure effectively limits the flexibility of Los Angeles ARTCC in 
providing off route vectors and direct routing to aircraft in these 
areas. En route domestic airspace areas are intended to create 
controlled airspace in those areas where there is a requirement, or 
need, 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-mentioned area, thereby 
replacing the existing uncontrolled airspace.
    Class E enroute domestic airspace areas are published in Paragraph 
6006 of FAA Order 7400.9J dated August 31, 2001, and effective 
September 16, 2001, 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 argument 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. 01-AWP-28.'' The postcard will be date stamped and 
returned to the commenter.

Agency Findings

    The regulations adopted herein will not have substantial direct 
effect 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

[[Page 64910]]

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. 18054, 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 7400.9J, Airspace Designations and 
Reporting Points, dated August 31, 2001, and effective September 16, 
2001, is amended as follows:
* * * * *

Paragraph 6006  Enroute Domestic Airspace Areas.

* * * * *

Bristol Mountains, CA [Established]

    That airspace extending upward from 1200 feet above the surface 
bounded on the north by V8-210, bounded on the east by V514-538, 
bounded on the south by V264, bounded on the west by V386 and V8-21-
283-587, excluding that airspace within the Twentynine Palms, CA 
Class E airspace area, the Sundance MOA, and that airspace 
designated for federal airways.

    Issued in Los Angeles, California, on October 31, 2001.
Dawna J. Vicars,
Acting Manager, Air Traffic Division, Western-Pacific Region.
[FR Doc. 01-30999 Filed 12-14-01; 8:45 am]
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