[Federal Register Volume 70, Number 218 (Monday, November 14, 2005)]
[Rules and Regulations]
[Pages 69077-69078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22523]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 05-AWP-12]


Establishment of a Class E Enroute Domestic Airspace Area, San 
Luis Obispo, 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 west of San Luis Obispo, CA, to replace existing Class G 
uncontrolled airspace.

DATES: 0901 UTC April 13, 2006. Comment date: Comments for inclusion in 
the Rules Docket must be received on or before December 14, 2005.

ADDRESSES: Send comments on the direct final rule in triplicate to: 
Federal Aviation Administration, Attn: Manager, Airspace Branch, AWP-
520, Docket No. 05-AWP-12, Western Terminal Operations, PO 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, Western Terminal 
Operations at the above address.

FOR FURTHER INFORMATION CONTACT: Francie Hope, Western Terminal

[[Page 69078]]

Operations Airspace Specialist, AWP-520.3, Federal Aviation 
Administration, 15000 Aviation Boulevard, Lawndale, California 90261, 
telephone (310) 725-6502.

SUPPLEMENTARY INFORMATION: This action will establish a Class E enroute 
domestic airspace area west of San Luis Obispo to contain aircraft 
while in Instrument Flight Rules (IFR) conditions and under control of 
Santa Barbara Terminal Radar Approach Control (TRACON). On November 2, 
2005, airspace will be transferred from Los Angeles Air Route Traffic 
Control Center (ARTCC) to Santa Barbara TRACON. In order to provide 
positive control of aircraft in this area, the airspace must be 
designated as controlled airspace.
    Class E enroute domestic airspace areas are published in Paragraph 
6006 of FAA Order 7400.9N dated September 1, 2005, and effective 
September 16, 2005, 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, and 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 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. 05-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 State, 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 rule'' under DOT 
Regulatory Policies and Procedures (44 FR 11304; 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 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

0
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

0
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 
CR 9565, 3 CFR, 1959-1963 Comp., p. 389.


Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9N, Airspace Designations and 
Reporting Points, dated September 1, 2005, and effective September 16, 
2005, is amended as follows:

* * * * *

Paragraph 6006 Enroute Domestic Airspace Areas

* * * * *

San Luis Obispo, CA [Established]

    That airspace extending upward from 1200 feet above the surface 
(AGL) bounded on the north by Monterey Class E5 airspace, on the 
east by V27 and Santa Barbara Class E5 airspace, and on the south 
and west by Control Area 115L.

    Issued in Los Angeles, California, on October 28, 2005.
Tony DiBernardo,
Acting Area Director, Western Terminal Operations.
[FR Doc. 05-22523 Filed 11-10-05; 8:45 am]
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