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[Federal Register Volume 76, Number 95 (Tuesday, May 17, 2011)]
[Rules and Regulations]
[Pages 28305-28306]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11695]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-1264; Airspace Docket No. 10-AWP-23]

Amendment of Class D and Class E Airspace; Livermore, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends existing Class E airspace at Livermore, CA, 
to accommodate aircraft using new Instrument Landing System (ILS) 
Localizer (LOC) standard instrument approach procedures at Livermore 
Municipal Airport, and also corrects the airspace designation. This 
action also corrects a typographical error in the airspace description 
for Class D airspace. This improves the safety and management of 
Instrument Flight Rules (IFR) operations at the airport.

DATES: Effective date, 0901 UTC, August 25, 2011. 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 February 14, 2011, the FAA published in the Federal Register a 
notice of proposed rulemaking to amend controlled airspace at 
Livermore, CA (76 FR 8322). Interested parties were invited to 
participate in this rulemaking effort by submitting written comments on 
the proposal to the FAA. No comments were received.
    Class D and Class E airspace designations are published in 
paragraph 5000 and 6005, respectively, of FAA Order 7400.9U dated 
August 18, 2010,

[[Page 28306]]

and effective September 15, 2010, which is incorporated by reference in 
14 CFR 71.1. The Class D and 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 modifying Class E extending upward from 700 feet above the 
surface, at Livermore Municipal Airport, Livermore, CA, to accommodate 
IFR aircraft executing new ILS LOC standard instrument approach 
procedures at the airport, and adds the airport name and geographic 
coordinates to the airspace designation. Also, this action corrects a 
typographic error in the regulatory text of the Class D airspace area 
by correcting the word `iport' to `Airport'. This action is necessary 
for the safety and management of IFR operations.
    The FAA has determined 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 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, 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 
additional controlled airspace at Livermore Municipal Airport, 
Livermore, CA.

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, 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 7400.9U, Airspace Designations and 
Reporting Points, dated August 18, 2010, and effective September 15, 
2010 is amended as follows:

Paragraph 5000 Class D airspace.

* * * * *

AWP CA D Livermore, CA [Amended]

Livermore Municipal Airport, CA
    (Lat. 37[deg]41'36'' N., long. 121[deg]49'13'' W.)

    That airspace extending upward from the surface to and including 
2,900 feet MSL within a 4-mile radius of Livermore Municipal 
Airport. This Class D airspace area is effective during the specific 
dates and times established in advance by a Notice to Airmen. The 
effective date and time will thereafter be continuously published in 
the Airport/Facility Directory.

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

* * * * *

AWP CA E5 Livermore, CA [Amended]

Livermore Municipal Airport, CA
    (Lat. 37[deg]41'36'' N., long. 121[deg]49'13'' W.)

    That airspace extending upward from 700 feet above the surface 
within 8.1 miles north and 4 miles south of the Livermore Municipal 
Airport 091[deg] bearing extending 23 miles east of Livermore 
Municipal Airport, and within 3.5 miles north and 4 miles south of 
the Livermore Municipal Airport 271[deg] bearing extending 2.6 miles 
west of the airport.

    Issued in Seattle, Washington, on May 5, 2011.
John Warner,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2011-11695 Filed 5-16-11; 8:45 am]
BILLING CODE 4910-13-P
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