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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 71
          - [Docket FAA-2004-19084; Airspace Docket 04-ANM-08]

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Notice of Proposed Rule Making (NPRM). 

# SUMMARY:

This action would establish Class E airspace at Mariposa-Yosemite Airport, Mariposa, CA. New Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) has made this proposal necessary. Additional controlled airspace extending upward from 700 feet or more above the surface of the earth is needed to contain aircraft executing the RNAV (GPS) SIAPs at Mariposa-Yosemite Airport. This action is necessary for the safety of aircraft executing Instrument Flight Rules (IFR) operations at Mariposa-Yosemite Airport, Mariposa, CA. 

# DATES:

Comments must be received on or before January 7, 2005.

# ADDRESSES:

                        Send comments on this proposal to the Docket Management System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., Washington, DC 20590-0001. You must identify the docket number FAA-2004-19084, Airspace Docket 03-ANM-08, at the beginning of your comments. You may also submit comments on the Internet at                         *http://dms.dot.gov.*                         You may review the public docket containing the proposal, any comments received, and any final dispositions in person in the Docket Office between 9 a.m. to 5 p.m., Monday through Friday, excpet federal holidays. The Docket Office (telephone 1-800-647-5527) is on the plaza level of the Department of Transportation NASSIF Building at the above address.                    

An informal docket may also be examined during normal business hours at the Office of the Western En Route and Oceanic Operations, Federal Aviation Administration, 1601 Lind Avenue, SW., Renton, WA, 98055.

# SUPPLEMENTARY 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 are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with the comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket FAA-2004-19084, Airspace Docket 04-ANM-08.” The postcard will be date/time stamped and returned to the commenter.

## Availability of NPRM

                    An electronic copy of this document may be downloaded through the Internet at                     *http://dms.dot.gov.*                     Recently published rulemaking documents can also be accessed through the FAA's Web page at                     *http://www.faa.gov*                     or the Superintendent of Document's Web page at                     *http://www.access.gpo.gov/​nara.*

Additionally, a copy of this notice may be obtained by submitting a request to the Federal Aviation Administration, Airspace and Rules Division, 800 Independence Avenue, SW., Washington, DC 20591, or by calling (202) 267-8783. Communications must identify both document numbers for this notice. Persons interested in being placed on a mailing list for future NPRM's should contact the FAA's Office of Rulemaking, (202) 267-9677, to request a copy of Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedures.

## The Proposal

The FAA is considering an amendment to 14 CFR part 71 by establishing a Class E airspace at Mariposa-Yosemite Airport, Mariposa, CA. New RNAV (GPS) SIAPs at Mariposa-Yosemite Airport requires additional controlled airspace extending upward from 700 feet above the surface. This airspace is needed to contain aircraft and provide adequate controlled airspace for aircraft executing the new IFR approaches at Mariposa-Yosemite Airport, Mariposa, CA.

Class E airspace designations are published in paragraph 6005 of FAA Order 7400.9M dated August 30, 2004, and effective September 16, 2004, which is incorporated by reference in 14 CFR part 71.1. The Class E airspace designation listed in this document would 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 would not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

# List of Subjects in 14 CFR Part 71

      - Airspace
      - Incorporation by reference
      - Navigation (air)

## Adoption of the Amendment

In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows:

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

1. The authority citation for 14 CFR part 71 continues to read as follows:

      ( print page 68105)    
§ 71.1

2. The incorporation by reference in 14 CFR part 71.1 of the Federal Aviation Administration Order 7400.9M, Airspace Designations and Reporting Points, dated August 30, 2004, and Effective, September 16, 2004, is amended as follows

### Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth.

* * * * *

## ANM CA E5 Mariposa, CA [NEW]

Mariposa-Yosemite Airport

(Lat. 37°30′65″ N., long. 120°02′37″ W.)

That airspace extending upward from 700 feet above the surface of the earth within a 6.5 mile radius of the Mariposa-Yosemite Airport.

* * * * *

Issued in Seattle, Washington, on October 8, 2004.

Raul C. Treviño,

Area Director, Western En Route and Oceanic Operations.

[FR Doc. 04-25885  Filed 11-22-04; 8:45 am]

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