[Federal Register Volume 89, Number 102 (Friday, May 24, 2024)]
[Rules and Regulations]
[Pages 45760-45762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11296]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0786; Airspace Docket No. 22-AWP-77]
RIN 2120-AA66


Modification of Class D and E Airspace; McClellan-Palomar 
Airport, Carlsbad, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies the Class D and Class E airspace 
designated as a surface area at McClellan-Palomar

[[Page 45761]]

Airport, Carlsbad, CA. Additionally, this action makes administrative 
modifications to update the airport's existing Class D and Class E 
airspace legal descriptions. These actions will support the safety and 
management of instrument flight rules (IFR) and visual flight rules 
(VFR) operations at the airport.

DATES: Effective 0901 UTC, September 5, 2024. The Director of the 
Federal Register approves this incorporation by reference under Title 1 
CFR part 51, subject to the annual revision of FAA Order JO 7400.11 and 
publication of conforming amendments.

ADDRESSES: A copy of the Notice of Proposed Rulemaking (NPRM), all 
comments received, this final rule, and all background material may be 
viewed online at www.regulations.gov using the FAA Docket number. 
Electronic retrieval help and guidelines are available on the website. 
It is available 24 hours each day, 365 days each year.
    FAA Order JO 7400.11H, Airspace Designations and Reporting Points, 
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and 
Regulations Group, Office of Policy, Federal Aviation Administration, 
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Jeffrey Drasin, Federal Aviation 
Administration, Western Service Center, Operations Support Group, 2200 
S 216th Street, Des Moines, WA 98198; telephone (206) 231-2248.

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority. This rulemaking is promulgated under the authority described 
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, 
the FAA is charged with prescribing regulations to assign the use of 
airspace necessary to ensure the safety of aircraft and the efficient 
use of airspace. This regulation is within the scope of that authority, 
as it would modify the Class D and Class E airspace to support IFR and 
VFR operations at McClellan-Palomar Airport, Carlsbad, CA.

History

    The FAA published a notice of proposed rulemaking for Docket No. 
FAA-2023-0786 in the Federal Register (89 FR 14788; February 29, 2024), 
proposing to modify the Class D and Class E airspace designated as a 
surface area at McClellan-Palomar Airport, Carlsbad, CA. Interested 
parties were invited to participate in this rulemaking effort by 
submitting written comments on the proposal to the FAA. Two comments 
were received, one of which supported the proposal, while the other 
raised some concerns that pertained to land use and traffic pattern 
altitudes.
    The McClellan-Palomar Airport's (CRQ) airspace was reviewed as part 
of FAA's Class D biennial evaluation program. This review concluded: 
not all instrument flight procedures are fully contained within the 
existing Class D and E4 airspace; the northwest E4 extension's width 
can be reduced; and administrative changes are needed. The proposed 
Class D and E4 modifications are designed to contain the existing 
instrument flight procedures; therefore, no changes to aircraft 
operations will occur and there will be no impacts to land use. The 
requests to change the traffic pattern altitude and to upgrade and 
modernize the tower made in the dissenting comment are outside the 
scope of the project to update the airspace. Any requests to change the 
pattern altitude need to be addressed to the airport.
    Subsequent to publication of the NPRM in the Federal Register, the 
FAA identified a discrepancy with the proposed Class E2 legal 
description. The airport name is removed from the description, as it is 
in the second line of the header and duplication is not necessary.

Incorporation by Reference

    Class D and Class E4 airspace designations are published in 
paragraphs 5000 and 6004, respectively, of FAA Order JO 7400.11, 
Airspace Designations and Reporting Points, which is incorporated by 
reference in 14 CFR 71.1 on an annual basis. This document amends the 
current version of that order, FAA Order JO 7400.11H, dated August 11, 
2023, and effective September 15, 2023. FAA Order JO 7400.11 is 
publicly available as listed in the ADDRESSES section of this document. 
These amendments will be published in the next update to FAA Order JO 
7400.11.
    FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas, 
air traffic service routes, and reporting points.

The Rule

    This action amends 14 CFR part 71 by modifying the Class D and 
Class E airspace designated as a surface area at McClellan-Palomar 
Airport, Carlsbad, CA.
    The Class D airspace boundary should normally be based on the 
airport reference point (ARP) of the primary airport via FAA JO 7400.2, 
therefore all references to navigational aids are changed to ARP. The 
Class D surface area comprising a 3-mile radius around the airport, is 
modified to include a small extension centered on the airport's 
259[deg] bearing extending 0.3 miles beyond the existing radius to 
better contain arriving IFR operations below 1,000 feet above the 
surface on the Area Navigation (RNAV) (Global Positioning System [GPS]) 
Y Runway (RWY) 6 and RNAV (Required Navigation Performance [RNP]) Z RWY 
6 approach procedures.
    The Class E surface area extension east of the airport is realigned 
from the Palomar RWY 24 localizer east course to the 079[deg] bearing 
from the airport and lengthened 0.2 miles to better contain arriving 
IFR operations below 1,000 feet above the surface on the RNAV (GPS) Y 
RWY 24 approach. The Class E surface area extension northwest of the 
airport is excessive and is realigned from the Oceanside (OCN) 134[deg] 
radial to the 313[deg] bearing from the airport and reduced from a 
width of 3.6 miles to 2.6 miles and a length of 4.5 miles reduced from 
5.8 miles.
    Finally, this action modifies the airport's legal descriptions. The 
airport name on line two of the text headers in both legal descriptions 
should be updated from, ``Carlsbad, McClellan-Palomar Airport, CA'' to 
``McClellan-Palomar Airport, CA'', to comply with FAA Order 7400.2. The 
geographic coordinates located on line three of the text headers should 
be updated to match the FAA's database, and both legal descriptions 
should be updated to replace the outdated use of the phrases ``Notice 
to Airmen'' and ``Airport/Facility Directory.'' These phrases should 
read ``Notice to Air Missions'' and ``Chart Supplement,'' respectively, 
to align with the FAA's current nomenclature.

Regulatory Notices and Analyses

    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. 
Additionally, it is non-controversial, and unlikely to result in 
adverse or negative comments. It,

[[Page 45762]]

therefore: (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, when promulgated, would not have a 
significant economic impact on a substantial number of small entities 
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1F, ``Environmental Impacts: Policies and 
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected 
to cause any potentially significant environmental impacts, and no 
extraordinary circumstances exist that warrant the preparation of an 
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the FAA amends 14 CFR part 71 as 
follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE 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(f), 106(g), 40103, 40113, 40120; E.O. 
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.


Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 
7400.11H, Airspace Designations and Reporting Points, dated August 11, 
2023, and effective September 15, 2023, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AWP CA D Carlsbad, CA [Amended]

McClellan-Palomar Airport, CA
    (Lat. 33[deg]07'42'' N, long. 117[deg]16'48'' W)

    That airspace extending upward from the surface to and including 
2,800 feet MSL within a 3-mile radius of McClellan-Palomar Airport, 
and 1 mile each side of the airport's 259[deg] bearing extending 
from the 3-mile radius to 3.3 miles west of the airport. This Class 
D airspace area is effective during the specific dates and times 
established in advance by a Notice to Air Missions. The effective 
date and time will thereafter be continuously published in the Chart 
Supplement.
* * * * *

Paragraph 6004 Class E Airspace Areas Designated as an Extension to 
a Class D or Class E Surface Area.

* * * * *

AWP CA E4 Carlsbad, CA [Amended]

McClellan-Palomar Airport, CA
    (Lat. 33[deg]07'42'' N, long. 117[deg]16'48'' W)

    That airspace extending upward from the surface within 1.8 miles 
each side of the airport's 079[deg] bearing extending from the 3-
mile radius to 6.7 miles east of the airport, and within 1.3 miles 
each side of the airport's 313[deg] bearing extending from the 3-
mile radius to 4.5 miles northwest of the airport. This Class E 
airspace area is effective during the specific dates and times 
established in advance by a Notice to Air Missions. The effective 
date and time will thereafter be continuously published in the Chart 
Supplement.
* * * * *

    Issued in Des Moines, Washington, on May 17, 2024.
B.G. Chew,
Group Manager, Operations Support Group Western Service Center.
[FR Doc. 2024-11296 Filed 5-23-24; 8:45 am]
BILLING CODE 4910-13-P