50140 Federal Register / Vol. 63, No. 182 / Monday, September 21, 1998 / Rules and Regulations

I find that good cause exists, under 5 Independence Avenue, SW., Issued in Washington, DC, September 10, U.S.C. 553(d), for making this Washington, D.C., weekdays between 1998. amendment effective in less than 30 8:30 a.m. and 5:00 p.m., or at the Office Reginald C. Matthews, days. of the Federal Register, 800 North Acting Program Director for Air Traffic Airspace Management. List of Subjects in 14 CFR Part 71 Capitol Street, NW., Suite 700, Washington, DC. This section is [FR Doc. 98–25071 Filed 9–18–98; 8:45 am] Airspace, Incorporation by reference, effective September 16, 1998, through BILLING CODE 4910±13±P Navigation (air). September 15, 1999. Adoption of the Amendment § 71.5 [Amended] DEPARTMENT OF TRANSPORTATION In consideration of the foregoing, the Federal Aviation Administration 3. Section 71.5 is amended by Federal Aviation Administration amends 14 CFR part 71 as follows: removing the words ‘‘FAA Order 7400.9E’’ and adding, in their place, the 14 CFR Part 71 PART 71ÐDESIGNATION OF CLASS A, words ‘‘FAA Order 7400.9F.’’ [Airspace Docket No. 98±AWP±21] CLASS B, CLASS C, CLASS D, AND § 71.31 [Amended] CLASS E AIRSPACE AREAS; Revision of Class D Airspace; San AIRWAYS; ROUTES; AND REPORTING 4. Section 71.31 is amended by Diego-Gillespie Field, CA POINTS removing the words ‘‘FAA Order 7400.9E’’ and adding, in their place, the AGENCY: Federal Aviation 1. The authority citation for part 71 words ‘‘FAA Order 7400.9F.’’ Administration (FAA), DOT. continues to read as follows: ACTION: Direct final rule; request for Authority: 49 U.S.C. 106(g), 40103, 40113, § 71.33 [Amended] comments. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. 5. Paragraph (c) of § 71.33 is amended SUMMARY: This action will revise the by removing the words ‘‘FAA Order Class D airspace at San Diego-Gillespie 2. Section 71.1 is added to read as 7400.9E’’ and adding, in their place, the Field, CA by lowering the ceiling of the follows: words ‘‘FAA Order 7400.9F.’’ Class D airspace area from 2,900 feet § 71.1 Applicability. § 71.41 [Amended] Mean Sea Level (MSL) to 2,400 feet The complete listing for all Class A, MSL. The proposed modification of the Class B, Class C, Class D, and Class E 6. Section 71.41 is amended by San Diego, CA, Class B airspace area airspace areas and for all reporting removing the words ‘‘FAA Order would create a narrow 300 foot corridor points can be found in FAA Order 7400.9E’’ and ‘‘FAA Order 7400.9B’’ northeast of Gillespie Field. This 7400.9F, Airspace Designations and and adding, in their place, the words corridor would reduce the available Reporting Points, dated September 10, ‘‘FAA Order 7400.9F.’’ airspace for aircraft that are approaching 1998. This incorporation by reference or overflying Gillespie Field from the § 71.51 [Amended] was approved by the Director of the northeast. Lowering the Gillespie Field Federal Register in accordance with 5 7. Section 71.51 is amended by Class D airspace ceiling will create an U.S.C. 552(a) and 1 CFR part 51. The removing the words ‘‘FAA Order 800 foot corridor along this same route, approval to incorporate by reference 7400.9E’’ and ‘‘FAA Order 7400.9B’’ thereby increasing navigable airspace FAA Order 7400.9F is effective and adding, in their place, the words for aircraft operating under Visual Flight September 16, 1998, through September ‘‘FAA Order 7400.9F.’’ Rules (VFR). 15, 1999. During the incorporation by EFFECTIVE DATE: 0901 UTC December 31, reference period, proposed changes to § 71.61 [Amended] 1998. Comment date: Comments for the listings of Class A, Class B, Class C, 8. Section 71.61 is amended by inclusion in the Rules Docket must be Class D, and Class E airspace areas and removing the words ‘‘FAA Order received on or before October 21, 1998. to reporting points will be published in 7400.9E’’ and ‘‘FAA Order 7400.9B’’ ADDRESSES: Send comments on the full text as proposed rule documents in and adding, in their place, the words direct final rule in triplicate to: Federal the Federal Register. Amendments to ‘‘FAA Order 7400.9F.’’ Aviation Administration, Attn: the listings of Class A, Class B, Class C, Manager, Airspace Branch, AWP–520, Class D, and Class E airspace areas and § 71.71 [Amended] Docket No. 98–AWP–21, Air Traffic to reporting points will be published in Division, P.O. Box 92007, Worldway 9. Paragraphs (b), (c), (d), (e), and (f) full text as final rules in the Federal Postal Center, Los Angeles, California of § 71.71 are amended by removing the Register. Periodically, the final rule 90009. words ‘‘FAA Order 7400.9E’’ and amendments will be integrated into a The official docket may be examined adding, in their place, the words ‘‘FAA revised edition of the Order and in the Office of the Assistant Chief Order 7400.9F.’’ submitted to the Director of the Federal Counsel, Western-Pacific Region, Register for approval for incorporation § 71.79 [Amended] Federal Aviation Administration, Room by reference in this section. Copies of 6007, 15000 Aviation Boulevard, FAA Order 7400.9F may be obtained 10. Section 71.79 is amended by Lawndale, California 90261. from the Airspace and Rules Division, removing the words ‘‘FAA Order An informal docket may also be ATA–400, Federal Aviation 7400.9E’’ and adding, in their place, the examined during normal business hours Administration, 800 Independence words ‘‘FAA Order 7400.9F.’’ at the Office of the Manager, Airspace Branch, Air Traffic Division at the above Avenue, SW., Washington, DC 20591, § 71.901 [Amended] (202) 267–8783. Copies of FAA Order address. 7400.9F may be inspected in Docket No. 11. Paragraph (a) of § 71.901 is FOR FURTHER INFORMATION CONTACT: 29334 at the Federal Aviation amended by removing the words ‘‘FAA Debra Trindle, Air Traffic Division, Administration, Office of the Chief Order 7400.9E’’ and adding, in their Airspace Specialist, AWP–520.10, Counsel, AGC–200, Room 915G, 800 place, the words ‘‘FAA Order 7400.9F.’’ Western-Pacific Region, Federal Federal Register / Vol. 63, No. 182 / Monday, September 21, 1998 / Rules and Regulations 50141

Aviation Administration, 15000 rule will become effective. If the FAA The FAA has determined that this Aviation Boulevard, Lawndale, does receive, within the comment regulation is noncontroversial and California 90261, telephone (310) 725– period, an adverse or negative comment, unlikely to result in adverse or negative 6613. or written notice of intent to submit comments. For the reasons discussed in SUPPLEMENTARY INFORMATION: This such a comment, a document the preamble, this regulation only amendment to 14 CFR 71 revises the withdrawing the direct final rule will be involves an established body of Class D airspace at San Diego-Gillespie published in the Federal Register, and technical regulations for which frequent Field, CA by lowering the ceiling of the a notice of proposed rulemaking may be and routine amendments are necessary Class D from 2,900 feet Mean Sea Level published with a new comment period. to keep them operationally current. Therefore, this regulation—(1) is not a (MSL) to 2,400 feet MSL. On May 19, Comments Invited 1998, the FAA published a Notice of ‘‘significant regulatory action’’ under Proposed Rulemaking (NPRM) to Although this action is in the form of Executive Order 12866; (2) is not a modify the San Diego, CA, Class B a final rule and was not preceded by a ‘‘significant rule’’ under DOT airspace area. A comment on the NPRM notice of proposed rulemaking, Regulatory Policies and Procedures (44 was received indicating that the comments are invited on this rule. FR 11034; February 26, 1979); and (3) proposed modification to the San Diego Interested persons are invited to does not warrant preparation of a Class B airspace would create a 300 foot comment on this rule by submitting Regulatory Evaluation as the anticipated corridor northeast of Gillespie Field. such written data, views, or arguments, impact is so minimal. Since this is a This corridor will result from lowering as they may desire. Communications routine matter that will only affect air the floor of the San Diego Class B should identify the Rule Docket number traffic procedures and air navigation, it airspace area ‘‘I’’ from 3,800 feet MSL to and be submitted in triplicate to the is certified that this rule will not have 3,200 feet MSL. The above mentioned address specified under the caption a significant economic impact on a corridor would exist over the upper ADDRESSES. All communications substantial number of small entities limit of the Gillespie Field Class D received on or before the closing date under the criteria of the Regulatory airspace area when aircraft are for comments will be considered, and Flexibility Act. this rule may be amended or withdrawn approaching or overflying Gillespie List of Subjects in 14 CFR Part 71 Field from the northeast. After careful in light of the comments received. analysis of the Gillespie Field Class D Factual information that supports the Airspace, Incorporation by reference, airspace area and the adjacent San Diego commenter’s ideas and suggestions is Navigation (air) Class B airspace area, the FAA agrees extremely helpful in evaluating the Adoption of the Amendment effectiveness of this action and with the comment and proposes In consideration of the foregoing, the lowering the Gillespie Field Class D determining whether additional rulemaking action would be needed. Federal Aviation Administration airspace ceiling to create an 800 foot amends 14 CFR part 71 as follows: corridor, thereby increasing navigable Comments are specifically invited on airspace for aircraft operating under the overall regulatory, economic, PART 71ÐDESIGNATION OF CLASS A, Visual Flight Rules (VFR). Class D environmental, and energy aspects of CLASS B, CLASS C, CLASS D, AND airspace areas are published in the rule that might suggest a need to CLASS E AIRSPACE AREAS; ROUTES; Paragraph 5000 of FAA Order 7400.9F modify the rule. All comments AND REPORTING POINTS. dated September 10, 1998, and effective submitted will be available, both before September 16, 1998, which is and after the closing date for comments, 1. The authority citation for 14 CFR incorporated by reference in 14 CFR in the Rules Docket for examination by part 71 continues to read as follows: 71.1. The Class D airspace designation interested persons. A report that Authority: 49 U.S.C. 106(g), 40103, 40113, listed in this document will be summarizes each FAA-public contact 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– published subsequently in the Order. concerned with the substance of this 1963 Comp., p. 389; 14 CFR 11.69. action will be filed in the Rules Docket. The Direct Final Rule Procedure § 71.1 [Amended] Commenters wishing the FAA to The FAA anticipates that this acknowledge receipt of their comments 2. The incorporation by reference in regulation will not result in adverse or submitted in response to this rule must 14 CFR 71.1 of the Federal Aviation negative comment and therefore is submit a self-addressed, stamped Administration Order 7400.9F, Airspace issuing it as a direct final rule. This postcard on which the following Designations and Reporting Points, action revises controlled airspace statement is made: ‘‘Comments to dated September 10, 1998, and effective associated with San Diego-Gillespie Docket No. 98–AWP–21.’’ The postcard September 16, 1998, is amended as Field, CA. The intended effect of this will be date stamped and returned to the follows: action is to remove controlled airspace commenter. Paragraph 5000 Class D Airspace where no longer required and to Agency Findings * * * * * increase navigable airspace for aircraft operating VFR. Unless a written adverse The regulations adopted herein will AWP CA D San Diego-Gillespie Field, CA or negative comment or a written notice not have substantial direct effects on the [Revised] of intent to submit an adverse or States, on the relationship between the San Diego-Gillespie Field, CA ° ′ ′′ ° ′ ′′ negative comment is received within the national government and the States, or (Lat. 32 49 34 N, long. 116 58 21 W) comment period, the regulation will on the distribution of power and That airspace extending upward from the become effective on the date specified responsibilities among the various surface to and including 2,400 feet MSL above. After the close of the comment levels of government. Therefore, in within a 4.3 mile radius of San Diego- Gillespie Field, excluding that airspace period, the FAA will publish a accordance with Executive Order 12612, within the San Diego, CA, Class B airspace document in the Federal Register it is determined that this final rule does area and the Miramar NAS, CA, Class E indicating that no adverse or negative not have sufficient federalism airspace area. This Class D airspace area is comments were received and implications to warrant the preparation effective during the dates and times confirming the date on which the final of a Federalism Assessment. established in advance by a Notice to 50142 Federal Register / Vol. 63, No. 182 / Monday, September 21, 1998 / Rules and Regulations

Airmen. The effective date and time will In June 1996 the FAA completed an U.S.C. (d), for making this amendment thereafter be continuously published in the evaluation of the airspace over the Gulf effective in less than 30 days. Airport/Facility Directory. of Mexico. The evaluation was a Offshore airspace area designations * * * * * combined effort with representatives are published in paragraph 6007 of FAA Issued in Los Angeles, California, on from the FAA, Servicios a la Navegacion Order 7400.9F, dated September 10, September 11, 1998. en El Espacio Aereo Mexicano, and 1998, and effective September 16, 1998, Leonard A. Mobley, other airspace users. The objective of which is incorporated by reference in 14 Acting Manager, Air Traffic Division Western- the evaluation was, in part, to identify CFR 71.1. The offshore airspace area Pacific Region. areas where air traffic services, air traffic designation listed in this document will [FR Doc. 98–25208 Filed 9–18–98; 8:45 am] operations, and utilization of airspace be published subsequently in the Order. BILLING CODE 4910±13±M could be improved. One conclusion of The FAA has determined that this this evaluation was the determination proposed regulation only involves an that system capacity would be enhanced established body of technical DEPARTMENT OF TRANSPORTATION by modifying air traffic control (ATC) regulations for which frequent and procedures used to control aircraft routine amendments are necessary to Federal Aviation Administration operations in the airspace over the Gulf keep them operationally current. of Mexico. Therefore, this regulation: (1) is not a 14 CFR Part 71 Currently, International Civil Aviation ‘‘significant regulatory action’’ under [Airspace Docket No. 97±ASW±23] Organization (ICAO) oceanic ATC Executive Order 12866; (2) is not a procedures are used to separate and ‘‘significant rule’’ under DOT Modification to the Gulf of Mexico Low manage aircraft operations that extend Regulatory Policies and Procedures (44 Offshore Airspace Area beyond the lateral boundary of the FR 11034; February 26, 1979); and (3) existing Gulf of Mexico Low Offshore does not warrant preparation of a AGENCY: Federal Aviation Airspace Area. Modifying the Gulf of Regulatory Evaluation as the anticipated Administration (FAA), DOT. Mexico Low Offshore Airspace Area by impact is so minimal. Since this is a ACTION: Final rule. extending the boundaries further south routine matter that will only affect air SUMMARY: This action amends the Gulf and southwest of the current location to traffic procedures and air navigation, it of Mexico Low Offshore Airspace Area. the Houston ARTCC FIR/CTA, allows is certified that this rule, when Specifically, this action modifies the the application of domestic ATC promulgated, will not have a significant Gulf of Mexico Low Offshore Airspace separation procedures over a larger area. economic impact on a substantial Area by extending the boundaries This action to modify the offshore number of small entities under the further south and southwest of the airspace area will enhance system criteria of the Regulatory Flexibility Act. current location to the Houston Air capacity and allow for more efficient ICAO Considerations Route Traffic Control Center (ARTCC) utilization of that airspace. On August 5, 1998, the FAA proposed As part of this proposal relates to Flight Information Region/Control Area to amend 14 CFR part 71 to modify the navigable airspace outside the United (FIR/CTA). The FAA is taking this Gulf of Mexico Low Offshore airspace States, this notice is submitted in action to provide additional airspace in area (63 FR 41752). Interested parties accordance with the ICAO International which domestic air traffic control were invited to participate in this Standards and Recommended Practices. procedures may be used to separate and rulemaking proceeding by submitting The application of International manage aircraft operations. This change written comments on the proposal to the Standards and Recommended Practices will enhance the efficient utilization of FAA. No comments were received. by the FAA, Office of Air Traffic that airspace. Except for editorial changes, this Airspace Management, in areas outside EFFECTIVE DATE: 0901 UTC, October 8, amendment is the same as that proposed U.S. domestic airspace is governed by 1998. in the notice. the Convention on International Civil FOR FURTHER INFORMATION CONTACT: Ms. Aviation. Specifically, the FAA is Sheri Edgett Baron, Airspace and Rules The Rule governed by Article 12 and Annex 11, Division, ATA–400, Office of Air Traffic This amendment to part 71 of the which pertain to the establishment of Airspace Management, Federal Aviation Federal Aviation Regulations (14 CFR necessary air navigational facilities and Administration, 800 Independence part 71) modifies the Gulf of Mexico services to promote the safe, orderly, Avenue, SW., Washington, DC 20591; Low Offshore Airspace Area by and expeditious flow of civil air traffic. telephone: (202) 267–8783. extending the present airspace The purpose of the document is to SUPPLEMENTARY INFORMATION: boundaries further south and southwest ensure that civil aircraft operations on of the current location to the Houston international air routes are performed Background ARTCC FIR/CTA. This modification under uniform conditions. On March 2, 1993, the FAA published will allow the application of domestic The International Standards and a final rule (58 FR 12128) which, in ATC separation procedures, in lieu of Recommended Practices in Annex 11 part, redesignated certain control areas ICAO separation procedures, which will apply to airspace under the jurisdiction over international waters as offshore enhance system capacity and allow for of a contracting state, derived from airspace areas. The redesignations were more efficient utilization of that ICAO. Annex 11 provisions apply when necessary to comply with the Airspace airspace. air traffic services are provided and a Reclassification final rule issued on This modification to the Gulf of contracting state accepts the December 17, 1991 (56 FR 65638). Mexico Low Offshore Airspace Area responsibility of providing air traffic One of the areas affected by the March will be effective on October 8, 1998. In services over high seas or in airspace of 2, 1993, final rule was the Gulf of order to avoid pilot confusion and to undetermined sovereignty. A Mexico Control Area. This area was make pilots immediately aware of the contracting state accepting this divided vertically into two areas, one of modification to the Gulf of Mexico Low responsibility may apply the which was redesignated as the Gulf of Offshore Airspace Area, the FAA finds International Standards and Mexico Low Offshore Airspace Area. that good cause exists, pursuant to 5 Recommended Practices that are