[Federal Register Volume 67, Number 76 (Friday, April 19, 2002)]
[Rules and Regulations]
[Pages 19330-19332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8781]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2001-10432; Airspace Docket No. 01-AWA-05]
RIN 2120-AA66


Modification of the Santa Ana Class C Airspace Area; CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies the Santa Ana, CA, Class C airspace area. 
Specifically, this rule standardizes and completes the 5 nautical mile 
(NM) inner circle; re-aligns the south and southwest quadrants; and 
expands the north and east boundaries of the Santa Ana Class C airspace 
area. The FAA is taking this action to improve the management of 
aircraft operations in the Santa Ana, CA, terminal area; enhance 
safety; reduce the potential for midair collision in the Santa Ana 
Class C airspace area; and accommodate the concerns of airspace users.

EFFECTIVE DATE: 0901 UTC, July 11, 2002.

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

SUPPLEMENTARY INFORMATION:

Background

    In early 2001, the Southern California TRACON (SCT), and a 
California Users Group (an ad hoc committee that represents all major 
airspace users) reviewed the current Santa Ana Class C airspace area. 
The revocation of the El Toro Class C airspace area, which left the 
eastern side of the John Wayne Airport in Class E airspace instead of 
Class C airspace, prompted the review. The Technical Committee of the 
Southern California Users Group (SCAUWG) reviewed the Santa Ana Class C 
airspace area and developed recommendations for modifying the existing 
airspace design to provide pilots with a greater awareness of arriving 
and departing turbojet aircraft at John Wayne Airport, Santa Ana, CA.
    As announced in the Federal Register (66 FR 13122, March 2, 2001), 
one pre-NPRM airspace meeting was held on March 28, 2001, at Los 
Alamitos Army Airfield, Los Alamitos, CA. The purpose of this meeting 
was to provide local airspace users with an opportunity to present 
input on planned airspace changes to the Santa Ana Airspace Area prior 
to initiating any regulatory action.
    In response to the informal airspace meeting the FAA received six 
comments. Those comments were addressed in the NPRM.
    On January 22, 2002, the FAA published, in the Federal Register, a 
notice of proposed rulemaking (NPRM) for this airspace (66 FR 2832). 
Interested parties were invited to participate in this rulemaking 
effort by submitting written communication on the proposal. The comment 
period for this action closed on March 8, 2002 and no comments were 
received.

The Rule

    This action amends 14 Code of Federal Regulations (CFR) part 71 by 
modifying the Santa Ana, CA, Class C airspace area. Specifically, this 
action expands Area A to a complete 5 NM circle, which standardizes the 
inner circle. Area B to the south, and Area C to the southwest are re-
aligned to provide additional airspace to accommodate Runway 1 
arrivals. Changes to Area F in the north re-aligns the northern and 
eastern boundaries to improve the efficiency of Runway 19 arrivals. In 
addition, a new Area G is established to the east to accommodate 
instrument operations in an area formally within the revoked El Toro 
Class C airspace area. The FAA is taking this action to improve the 
management

[[Page 19331]]

of aircraft operations in the Santa Ana, CA, terminal area; enhance 
safety; reduce the potential for midair collision in the Santa Ana 
Class C airspace area; and accommodate the concerns of airspace users.
    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 designations are published in 
paragraph 4000 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 C airspace designation listed in this document will 
be published subsequently in the order.

Initial Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objective of the rule and of applicable statutes, 
to fit regulatory and informational requirements to the scale of the 
business, organizations, and governmental jurisdictions subject to 
regulation.'' To achieve that principle, the Act requires agencies to 
solicit and consider flexible regulatory proposals and to explain the 
rationale for their actions. The Act covers a wide-range of small 
entities, including small businesses, not-for-profit organizations, and 
small governmental jurisdictions.
    Agencies must perform a review to determine whether a proposed or 
final rule will have a significant economic impact on a substantial 
number of small entities. If the determination is that it will, the 
agency must prepare a regulatory flexibility analysis as described in 
the Act.
    However, if an agency determines that a proposed or final rule is 
not expected to have a significant economic impact on a substantial 
number of small entities, section 605(b) of the 1980 act provides that 
the head of the agency may so certify and a regulatory flexibility 
analysis is not required. The certification must include a statement 
providing the factual basis for this determination, and the reasoning 
should be clear.
    In view of the minimal cost impact of the rule, the FAA has 
determined that this final rule will not have a significant economic 
impact on a substantial number of small entities. Consequently, the FAA 
certifies that the rule will not have a significant economic impact on 
a substantial number of small entities.

International Trade Impact Analysis

    The Trade Agreement Act of 1979 prohibits Federal agencies from 
engaging in any standards or related activities that create unnecessary 
obstacles to the foreign commerce of the United States. Legitimate 
domestic objectives, such as safety, are not considered unnecessary 
obstacles. The statute also requires consideration of international 
standards and where appropriate, that they be the basis for U.S. 
standards.
    In accordance with the above statute, the FAA has assessed the 
potential effect of this proposed rule and has determined that it would 
have only a domestic impact and therefore create no obstacles to the 
foreign commerce of the United States.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (the Act), 
enacted as Public Law 0104-4 on March 22, 1995, requires each Federal 
agency, to the extent permitted by law, to prepare a written assessment 
of the effects of any Federal mandate in a proposed or final agency 
rule that may result in the expenditure of $100 million or more (when 
adjusted annually for inflation) in any one year by State, local, and 
tribal governments in the aggregate, or by the private sector. Section 
204(a) of the Act, 2 U.S.C. 1534(a), requires the Federal agency to 
develop an effective process to permit timely input by elected officers 
(or their designees) of State, local, and tribal governments on a 
proposed ``significant intergovernmental mandate.'' A ``significant 
intergovernmental mandate'' under the Act is any provision in a Federal 
agency regulation that would impose an enforceable duty upon State, 
local, and tribal governments in the aggregate of $100 million 
(adjusted annually for inflation) in any one year. Section 203 of the 
Act, 2 U.S.C. 1533, which supplements section 204(a), provides that, 
before establishing any regulatory requirements that might 
significantly or uniquely affect small governments, the agency shall 
have developed a plan, which, among other things, must provide for 
notice to potentially affected small governments, if any, and for a 
meaningful and timely opportunity for these small governments to 
provide input in the development of regulatory proposals.
    This rule does not contain any Federal intergovernmental or private 
sector mandates. Therefore, the requirements of Title II of the 
Unfunded Mandates Reform Act of 1995 do not apply.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

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

Paragraph 4000--Subpart C--Class C Airspace

* * * * *

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 
4400 feet MSL within a 5-mile radius of the John Wayne Airport/
Orange County (SNA); that airspace extending upward from 1500 feet 
MSL to and including 5400 feet MSL beginning at a point southeast of 
SNA where the SNA 5NM radius and the POM 185 deg. radial intersect, 
then south via the POM 185 deg. radial to the SNA 10NM radius, then 
clockwise via the SNA 10NM radius to the PDZ 230 deg. radial, then 
north via the PDZ 230 deg. radial to the SNA 5NM radius, the 
counterclockwise via the SNA 5NM radius to the point of beginning; 
that airspace extending upward from 3500 feet MSL to and including 
5400 feet MSL beginning at a point south of the SNA where the SNA 
5NM radius

[[Page 19332]]

and the PDZ 230 deg. radial intersect, then southwest via the PDZ 
230 deg. radial to the SNA 10NM radius, then clockwise via the SNA 
10NM radius to the 251 deg. bearing from SNA at 10NM, then north via 
a line extending between the SNA 251 deg. bearing at 10NM and the 
SNA 351 deg. degree bearing at 10NM to the shoreline, then via the 
shoreline southeast to the point of beginning; that airspace 
extending upward from 2500 feet MSL to and including 5400 feet MSL 
beginning at a point south of the SNA where the SNA 5NM radius and 
the PDZ 230 deg. radial intersect then west via the shoreline to a 
line extending between the SNA 251 deg. bearing at 10NM and the SNA 
351 deg. bearing at 10NM, then north via the line extending between 
the SNA 251 deg. bearing at 10NM and the SNA 351 deg. bearing at 
10NM to the San Diego Freeway (I-405), then east via the San Diego 
Freeway (I-405) to the SNA 5NM radius, then counterclockwise via the 
5NM radius to point of beginning; that airspace extended upward from 
2500 feet MSL to and including 4400 feet MSL beginning west of SNA 
at a point where the SNA 5NM radius and the San Diego Freeway (I-
405) intersect, then west via the San Diego Freeway (I-405) to a 
line extending between the SNA 251 deg. bearing at 10NM and the SNA 
351 deg. bearing at 10NM, then north via the line extending between 
the SNA 251 deg. bearing at 10NM and the SNA 351 deg. bearing at 
10NM, the clockwise via the SNA 10NM radius to the SNA 360 deg. 
bearing, then south via the SNA 360 deg. bearing to the SNA 5NM 
radius, then counterclockwise via the SNA 5NM radius to the point of 
beginning; that airspace extending upward from 2000 feet MSL to and 
including 4400 feet MSL beginning at a point where the SNA 5NM and 
the SNA 360 deg. bearing intersect, then via the SNA 360 deg. 
bearing to the SNA 10NM radius, then via the SNA 10NM radius 
clockwise to the SLI 075 deg. radial to the LAX 098 deg. radial, 
then east via the LAX 098 deg. radial to the ELB 004 deg. radial, 
then south via the ELB 004 deg. radial to the PDZ 230 deg. radial, 
then southwest via the PDZ 230 deg. radial to the SNA 5NM radius, 
then counterclockwise via the SNA 5NM radius to the point of 
beginning; that airspace extending upward from 3500 feet MSL to and 
including 4400 feet MSL beginning northeast of SNA at a point where 
the SNA 5NM and the PDZ 230 deg. radial intersect, then northeast 
via the PDZ 230 deg. radial to the ELB 004 deg. radial, then north 
via the ELB 004 deg. radial, to the LAX 098 deg. radial to POM 
157 deg. radial, then south via the POM 157 deg. radial to the ELB 
054 deg. radial, then southwest via ELB 054 deg. radial to ELB, then 
south via the ELB 184 deg. radial to the SNA 10NM radius, then 
clockwise via the SNA 10NM radius to the POM 185 deg. radial, then 
north via POM 185 deg. radial to the SNA 5NM radius, then 
counterclockwise via the SNA 5NM radius to the point of beginning. 
This Class C airspace area is effective during the specific days and 
hours of operation of the Orange County Tower as established in 
advance by a Notice to Airman. The effective dates and times will 
thereafter be continuously published in the Airport/Facility 
directory.
* * * * *

    Issued in Washington, DC, on April 2, 2002.
Reginald C. Matthews,
Manager, Airspace and Rules Division.
[FR Doc. 02-8781 Filed 4-18-02; 8:45 am]
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