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Rule

Revision of Class E Airspace; Monterey, CA

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

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AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This action revises Class E airspace at Monterey Peninsula Airport, Monterey, CA. The FAA is taking this action in response to a request from the National Aeronautical Charting Office (NACO) to better clarify the legal description of controlled airspace designated as an extension to Class C surface area.

DATES:

Effective date, 0901 UTC, September 23, 2010. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.

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FOR FURTHER INFORMATION CONTACT:

Eldon Taylor, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue, SW., Renton, WA 98057; telephone (425) 203-4537.

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SUPPLEMENTARY INFORMATION:

History

The FAA received a request from NACO to clarify the legal description of the existing Class E surface airspace area designated as an extension to Class C airspace area, stating it was vague and confusing and needed to be clarified. This action is in response to that request.

Class E airspace designations are published in paragraph 6003 of FAA Order 7400.9T signed August 27, 2009, and effective September 15, 2009, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in that Order.

The Rule

This action will amend Title 14 Code of Federal Regulations (14 CFR) part 71 by revising the legal description of Class E airspace designated as an extension to Class C airspace area for Monterey Peninsula Airport, Monterey, CA. The legal description has been clarified to avoid confusion on the part of pilots flying in the Monterey, CA, area. This action will be in concert with a change in the legal description for Class E surface area airspace being rewritten under separate rulemaking. This is an administrative change and does not affect the boundaries, altitudes, or operating requirements of the airspace, therefore, notice and public procedures under 5 U.S.C. 553(b) are unnecessary.

The FAA has determined 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 this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the U.S. Code. Subtitle 1, section 106 discusses 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 revises controlled airspace at Monterey Peninsula Airport, Monterey, CA.

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List of Subjects in 14 CFR Part 71

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Adoption of the Amendment

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In consideration of the foregoing, the Federal Aviation Administration amends

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PART 71—DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

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1. The authority citation for

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Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

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[Amended]
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2. The incorporation by reference in

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Paragraph 6003 Class E Airspace Designated as an Extension to Class C Surface Areas.

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AWP CA, E3 Monterey, CA [Amended]

Monterey Peninsula Airport, CA

(Lat. 36°35′13″ N., long. 121°50′35″ W.)

That airspace extending upward from the surface within 3 miles each side of the 113° bearing of the airport extending from the 5-mile radius of Monterey Peninsula Airport to 15.7 miles east of the airport. This Class E airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective dates and times will thereafter be continuously published in the Airport/Facility Directory.

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Issued in Seattle, Washington, on July 1, 2010.

John Warner,

Manager, Operations Support Group, Western Service Center.

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[FR Doc. 2010-17249 Filed 7-14-10; 8:45 am]

BILLING CODE 4910-13-P