[Federal Register: March 30, 2009 (Volume 74, Number 59)]
[Rules and Regulations]
[Page 14006-14007]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr09-2]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2008-0137; Airspace Docket No. 08-AWP-2]
Establishment of Class E Airspace; Death Valley, CA
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action will establish Class E airspace at Death Valley,
CA. Controlled airspace is necessary to facilitate vectoring of
Instrument Flight Rules (IFR) traffic from en route airspace to Las
Vegas, NV. The FAA is taking this action to enhance the safety and
management of IFR aircraft operations near Las Vegas, NV. This action
also makes a minor change to the geographic coordinates of the
airspace.
DATES: Effective Date: 0901 UTC, July 2, 2009. 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.
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.
SUPPLEMENTARY INFORMATION:
History
On September 10, 2008, the FAA published in the Federal Register a
notice of proposed rulemaking to establish controlled airspace at Death
Valley, CA, (73 FR 52638). Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received. A minor change to
the geographic coordinates of the airspace area was provided by the
FAA's Charting Office to better depict the airspace.
Class E airspace designations are published in paragraph 6006 of
FAA Order 7400.9S signed October 3, 2008, and effective October 31,
2008, which is incorporated by reference in 14 CFR part 71.1. The Class
E airspace designations listed in this document will be published
subsequently in that Order.
The Rule
This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by establishing Class E airspace at Death Valley, CA.
Controlled airspace is necessary to accommodate IFR aircraft vectoring
from en route airspace to Las Vegas, NV. With the exception of
editorial changes, and the changes described above, this rule is the
same as that proposed in the NPRM.
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 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, 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,
[[Page 14007]]
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 establishes controlled airspace at Death Valley, CA.
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, 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(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 the Federal
Aviation Administration Order 7400.9S, Airspace Designations and
Reporting Points, signed October 3, 2008, and effective October 31,
2008 is amended as follows:
Paragraph 6006. En Route Domestic Airspace Areas.
AWP CA E6 Death Valley, CA [New]
Clarr Intersection
(Lat. 35[deg]40'32'' N., long. 115[deg]40'47'' W.)
That area extending upward from 1,200 feet above the surface
within an area beginning at lat. 36[deg]51'00'' N., long.
116[deg]33'33'' W.; thence northwest to lat. 36[deg]56'33'' N.,
long. 117[deg]11'21'' W.; thence southeast to lat. 35[deg]34'30''
N., long. 116[deg]23'30'' W.; thence southeast to lat.
35[deg]17'29'' N., long. 116[deg]10'01'' W.; thence northeast along
VOR Federal Airway V-394 to the Clarr Intersection; thence northwest
along VOR Federal Airway V-135 to lat. 36[deg]29'00'' N., long.
116[deg]26'33'' W.; thence north to lat. 36[deg]46'00'' N., long.
116[deg]26'33'' W.; thence to the point of origin.
Issued in Seattle, Washington, on March 13, 2009.
Clark Desing,
Manager, Operations Support Group, Western Service Center.
[FR Doc. E9-6999 Filed 3-27-09; 8:45 am]
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