Federal Register: December 29, 2009 (Volume 74, Number 248)

DOCID: fr29de09-33 FR Doc E9-30796

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

CFR Citation: 14 CFR Part 71

Docket ID: [Docket No. FAA-2009-1009; Airspace Docket No. 09-AWP-11]

NOTICE: PROPOSED RULES

DOCID: fr29de09-33

ACTION: Class E Airspace; Amendment:

DOCUMENT ACTION: Notice of proposed rulemaking (NPRM).

SUBJECT CATEGORY:

Proposed Modification of Class E Airspace; Oxnard, CA

DATES: Comments must be received on or before February 12, 2010.

DOCUMENT SUMMARY:

This action proposes to modify Class E airspace at Point Mugu NAWS, Oxnard, CA. Additional controlled airspace is necessary to accommodate aircraft flying in the Los Angeles Air Route Traffic Control Center's (ARTCC's) airspace area. The FAA is proposing this action to enhance the safety and management of aircraft operations in Los Angeles ARTCC's airspace.

SUMMARY:

Class E Airspace; Modification:

SUPPLEMENTAL INFORMATION

Comments Invited

Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments
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are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energyrelated aspects of the proposal.

Communications should identify both docket numbers (FAA Docket No. FAA20091009 and Airspace Docket No. 09AWP11) and be submitted in triplicate to the Docket Management System (see ADDRESSES section for address and phone number). You may also submit comments through the Internet at http://www.regulations.gov.

Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a selfaddressed stamped postcard on which the following statement is made: ``Comments to FAA Docket No. FAA20091009 and Airspace Docket No. 09AWP11''. The postcard will be date/time stamped and returned to the commenter.

All communications received on or before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this action may be changed in light of comments received. All comments submitted will be available for examination in the public docket both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket.

Availability of NPRMs

An electronic copy of this document may be downloaded through the Internet at http://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA's Web page at http:// www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_ amendments/.

You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office (see the ADDRESSES section for the address and phone number) between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the Northwest Mountain Regional Office of the Federal Aviation Administration, Air Traffic Organization, Western Service Center, Operations Support Group, 1601 Lind Avenue, SW., Renton, WA 98057.

Persons interested in being placed on a mailing list for future NPRMs should contact the FAA's Office of Rulemaking, (202) 2679677, for a copy of Advisory Circular No. 112A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure.

The Proposal

The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) part 71 by modifying Class E airspace at Point Mugu NAWS, Oxnard, CA. Additional controlled airspace is necessary to accommodate the vectoring of aircraft flying en route, in and out of the Los Angeles ARTCC's airspace area. This action would enhance the safety and management of aircraft operations in Los Angeles ARTCC's airspace.

Class E airspace designations are published in paragraph 6005 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 designation listed in this document will be published subsequently in this Order.

The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this proposed 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 proposed 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.

The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the U.S. Code. Subtitle 1, section 106, describes the authority for 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 the 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 additional controlled airspace at Point Mugu NAWS, Oxnard, CA.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air). The Proposed Amendment

Accordingly, pursuant to the authority delegated to me, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows: PART 71DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

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, 19591963 Comp., p. 389.

Sec. 71.1 [Amended]

2. The incorporation by reference in 14 CFR 71.1 of the FAA Order 7400.9T, Airspace Designations and Reporting Points, signed August 27, 2009, and effective September 15, 2009 is amended as follows: Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth.
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AWP CA E5 Oxnard, CA
Point Mugu NAWS, CA

(Lat. 34[deg]07'13'' N., long. 119[deg]07'15'' W.)

That airspace extending upward from 700 feet above the surface beginning at lat. 34[deg]01'56'' N., long. 119[deg]01'44'' W.; to lat. 34[deg]02'30'' N., long. 118[deg]53'33'' W.; to lat.
34[deg]19'30'' N., long. 118[deg]53'03'' W.; to lat. 34[deg]19'30'' N., long. 119[deg]29'53'' W.; thence 3 miles west of and parallel to the shoreline to lat. 34[deg]14'50'' N., long. 119[deg]22'03'' W.; to lat. 34[deg]14'45'' N., long. 119[deg]23'33'' W.; to lat. 34[deg]06'55'' N., long. 119[deg]22'33'' W.; to lat. 34[deg]07'41'' N., long. 119[deg]15'40'' W., thence via a 7mile radius of Point Mugu NAWS to the point of beginning. That airspace extending upward from 1,200 feet above the surface bounded by a line beginning at lat. 34[deg]30'00'' N., long. 118[deg]50'03'' W.; to lat.
34[deg]00'00'' N., long. 118[deg]50'03'' W.; to lat. 34[deg]00'00'' N., long. 119[deg]05'00'' W.; to lat. 33[deg]52'03'' N., long. 119[deg]06'59'' W.; to lat. 33[deg]28'30'' N., long. 119[deg]07'03'' W.; to lat. 33[deg]28'30'' N., long. 118[deg]47'00'' W.; to lat. 33[deg]19'30'' N., long. 118[deg]37'03'' W.; to lat. 32[deg]53'00'' N., long. 119[deg]13'00'' W.; to lat. 33[deg]05'00'' N., long. 119[deg]45'07'' W.; to lat. 33[deg]53'00'' N., long. 120[deg]38'00'' W.; to lat. 33[deg]54'00'' N., long. 120[deg]00'03'' W.; to lat. 34[deg]20'00'' N., long. 120[deg]00'04'' W.; to lat. 34[deg]20'00'' N., long. 119[deg]30'03'' W.; to lat. 34[deg]30'00'' N., long. 119[deg]30'03'' W., thence to the point of beginning. That airspace extending upward from 5,000 feet MSL bounded by a line beginning at lat. 34[deg]08'00'' N., long. 120[deg]00'03'' W.; to lat.
33[deg]54'00'' N., long. 120[deg]00'03'' W.; to lat. 33[deg]53'00'' N., long. 120[deg]38'00'' W.; to lat. 33[deg]55'00'' N., long. 120[deg]40'00'' W.; to lat. 34[deg]00'00'' N., long. 120[deg]43'00'' W.; to lat. 34[deg]06'15'' N., long.
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120[deg]30'04'' W.; to lat. 34[deg]08'00'' N., long. 120[deg]26'04'' W., thence to the point of beginning.

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Issued in Seattle, Washington, on December 16, 2009. William Buck,
Acting Manager, Operations Support Group, Western Service Center. [FR Doc. E930796 Filed 122809; 8:45 am]
BILLING CODE 491013P

FOR FURTHER INFORMATION CONTACT

Eldon Taylor, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue, SW., Renton, WA 98057; telephone (425) 2034537.