[Federal Register Volume 89, Number 41 (Thursday, February 29, 2024)]
[Proposed Rules]
[Pages 14788-14790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04194]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0786; Airspace Docket No. 22-AWP-77]
RIN 2120-AA66


Modification of Class D and E Airspace; McClellan-Palomar 
Airport, Carlsbad, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify the Class D and Class E 
airspace designated as a surface area at McClellan-Palomar Airport, 
Carlsbad, CA. Additionally, this action proposes administrative 
amendments to update the airport's existing Class D and Class E 
airspace legal descriptions. These actions would support the safety and 
management of instrument flight rules (IFR) and visual flight rules 
(VFR) operations at the airport.

DATES: Comments must be received on or before April 15, 2024.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-0786 and 
Airspace Docket No. 22-AWP-77 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow 
the online instructions for sending your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department 
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West 
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in 
Room W12-140 of the West Building Ground Floor at 1200 New Jersey 
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.
    * Fax: Fax comments to Docket Operations at (202) 493-2251.
    Docket: Background documents or comments received may be read at 
www.regulations.gov at any time. Follow the online instructions for 
accessing the docket or go to the Docket Operations in Room W12-140 of 
the West Building Ground Floor at 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    FAA Order JO 7400.11H, Airspace Designations and Reporting Points, 
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and 
Regulations Group, Office of Policy, Federal Aviation Administration, 
800 Independence Avenue SW, Washington DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Jeffery Drasin, Federal Aviation 
Administration, Western Service Center, Operations Support Group, 2200 
S 216th Street, Des Moines, WA 98198; telephone (206) 231-2248.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106, 
describes 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 
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 would modify Class D and Class E airspace to support 
both IFR and VFR operations at McClellan-Palomar Airport, Carlsbad, CA.

Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal. The most 
helpful comments reference a specific portion of the proposal, explain 
the reason for any recommended change, and include

[[Page 14789]]

supporting data. To ensure the docket does not contain duplicate 
comments, commenters should submit only one time if comments are filed 
electronically, or commenters should send only one copy of written 
comments if comments are filed in writing.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments it receives on or before 
the closing date for comments. The FAA will consider comments filed 
after the comment period has closed if it is possible to do so without 
incurring expense or delay. The FAA may change this proposal in light 
of the comments it receives.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the 
internet at www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's web page at 
www.faa.gov/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 
Operations office (see ADDRESSES section for address, phone number, and 
hours of operations). 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, 2200 S 216th Street, Des 
Moines, WA 98198.

Incorporation by Reference

    Class D and Class E4 airspace designations are published in 
paragraphs 5000 and 6004, respectively, of FAA Order JO 7400.11, 
Airspace Designations and Reporting Points, which is incorporated by 
reference in 14 CFR 71.1 on an annual basis. This document proposes to 
amend the current version of that order, FAA Order JO 7400.11H, dated 
August 11, 2023, and effective September 15, 2023. These updates would 
be published in the next update to FAA Order JO 7400.11. That order is 
publicly available as listed in the ADDRESSES section of this document.
    FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas, 
air traffic service routes, and reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 that would 
modify the Class D and Class E airspace designated as a surface area at 
McClellan-Palomar Airport, Carlsbad, CA.
    The existing Class D surface area is comprised of a 3-mile radius 
around the airport. This area should be modified to include a small 
extension centered on the airport's 259[deg] bearing extending .3 miles 
beyond the existing radius to better contain arriving IFR operations 
below 1,000 feet above the surface on the Area Navigation (RNAV) 
(Global Positioning System [GPS]) Y Runway (RWY) 6 and RNAV (Required 
Navigation Performance [RNP]) Z RWY 6 approach procedures.
    The existing Class E surface area extension east of the airport 
should be realigned from the Palomar RWY 24 localizer east course to 
the 079[deg] bearing from the airport and lengthened .2 miles to better 
contain arriving IFR operations below 1,000 feet above the surface on 
the RNAV (GPS) Y RWY 24 approach. The existing Class E surface area 
extension to the northwest is excessive and should be realigned from 
the Oceanside (OCN) 134[deg] radial to the 313[deg] bearing from the 
airport and reduced in size from a width of 3.6 miles to 2.6 miles and 
from a length of 5.8 miles to 4.5 miles, as it only needs to contain 
the VOR-A procedure while between the surface and 1,000 feet above the 
surface.
    Finally, the FAA proposes administrative modifications to the 
airport's legal descriptions. The airport name on line 2 of the text 
headers in both legal descriptions should be updated from ``Carlsbad, 
McClellan-Palomar Airport, CA'' to ``McClellan-Palomar Airport, CA'' to 
comply with FAA Order 7400.2. The geographic coordinates located on 
line 3 of the text headers should be updated to match the FAA's 
database, and both legal descriptions should be updated to replace the 
outdated use of the phrases ``Notice to Airmen'' and ``Airport/Facility 
Directory.'' These phrases should read ``Notice to Air Missions'' and 
``Chart Supplement,'' respectively, to align with the FAA's current 
nomenclature.

Regulatory Notices and Analyses

    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. 
It, therefore: (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, will not have a 
significant economic impact on a substantial number of small entities 
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies 
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 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(f), 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 FAA Order JO 
7400.11H, Airspace Designations and Reporting Points, dated August 11, 
2023, and effective September 15, 2023, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AWP CA D Carlsbad, CA [Amended]

McClellan-Palomar Airport, CA
    (Lat. 33[deg]07'42'' N, long. 117[deg]16'48'' W)

    That airspace extending upward from the surface to and including 
2,800 feet MSL within a 3-mile radius of McClellan-Palomar Airport 
and 1 mile each side of a 259[deg] bearing from the airport 
extending from the 3-mile radius of the airport to 3.3 miles west of 
the airport. This Class D airspace area is

[[Page 14790]]

effective during the specific dates and times established in advance 
by a Notice to Air Missions. The effective date and time will 
thereafter be continuously published in the Chart Supplement.
* * * * *

Paragraph 6004 Class E Airspace Areas Designated as an Extension to 
a Class D or Class E Surface Area.

* * * * *

AWP CA E4 Carlsbad, CA [Amended]

McClellan-Palomar Airport, CA
    (Lat. 33[deg]07'42'' N, long. 117[deg]16'48'' W)

    That airspace extending upward from the surface within 1.8 miles 
each side of the airport's 079[deg] bearing extending from the 3-
mile radius of the airport to 6.7 miles east of the airport and 
within 1.3 miles each side of the airport's 313[deg] bearing 
extending from the 3-mile radius of the airport to 4.5 miles 
northwest of the airport. This Class E airspace area is effective 
during the specific dates and times established in advance by a 
Notice to Air Missions. The effective date and time will thereafter 
be continuously published in the Chart Supplement.
* * * * *

    Issued in Des Moines, Washington, on February 23, 2023.
B.G. Chew,
Group Manager, Operations Support Group, Western Service Center
[FR Doc. 2024-04194 Filed 2-28-24; 8:45 am]
BILLING CODE 4910-13-P