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[Federal Register: June 2, 2010 (Volume 75, Number 105)]
[Rules and Regulations]               
[Page 30689-30690]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jn10-3]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0367; Airspace Docket No. 10-AWA-2]
RIN 2120-AA66

 
Modification of Class C Airspace; Beale Air Force Base, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies the legal description of the Beale Air 
Force Base (AFB), CA, Class C airspace area by allowing the hours of 
operation to be announced in advance by a Notice to Airmen (NOTAM). The 
effective hours of the Beale AFB Class C airspace area will be 
consistent with the actual hours of operation of the Beale AFB Airport 
Traffic Control Tower (ATCT).

DATES: Effective date 0901 UTC, June 18, 2010. 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: Ken McElroy, Airspace and Rules Group, 
Office of System Operations Airspace and AIM, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; 
telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION: 

History

    The Beale AFB ATCT has reduced its hours of operation. During the 
times that Beale ATCT is not operational, Class C ATC Services are not 
available and the airspace reverts to Class E airspace. A requirement 
for Class C airspace is an operational ATCT. During the times that 
Beale ATCT is closed, Class C air traffic services are not available. 
Therefore, there is a need to publish the effective hours of operation 
for the Beale AFB Class C airspace area to coincide with those times 
that Class C ATC services are available. The Beale AFB Class C airspace 
area remains an essential safety measure in support of the ongoing 
airport operational requirements.

The Rule

    This action amends Title 14 Code of Federal Regulations (CFR) part 
71 by modifying the legal description of the Beale AFB, CA, Class C 
airspace area. The Beale AFB Class C airspace area is designated 
effective during the specific dates and times established in advance by 
NOTAM. The effective days and times will thereafter be continuously 
published in the Airport/Facility Directory, in concert with current 
Beale AFB ATCT operating hours. During the times that Beale ATCT is not 
operational, the airspace reverts to Class E airspace.
    Class C Airspace areas are published in paragraph 4000 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 C airspace 
listed in this document will be published subsequently in the Order.
    In consideration of the need to change the Beale AFB Class C 
airspace effective hours of operation to be consistent with the actual 
operating hours of the Beale AFB ATCT, and conform with FAA regulations 
for Class C airspace, the FAA finds good cause, pursuant to U.S.C. 
553(d), for making this amendment effective in less than 30 days in 
order to promote the safe and efficient handling of air traffic in the 
area.
    The FAA has determined that 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 Department of Transportation (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 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 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 modifies Class C airspace for Beale AFB, CA.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1E, ``Environmental Impacts: Policies and 
Procedures,'' paragraph 311a. This airspace action is not expected to 
cause any potentially significant environmental impacts, and no 
extraordinary circumstances exist that warrant preparation of an 
environmental assessment.

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 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 FAA Order 7400.9T, 
Airspace Designations and Reporting Points, signed August 27, 2009, and 
effective September 15, 2009, is amended as follows:

Paragraph 4000 Subpart C--Class C Airspace.

* * * * *

AWP CA C Beale AFB, CA [Modified]

Beale AFB, CA
    (Lat. 39[deg]08'10'' N., long. 121[deg]26'12'' W.)

    That airspace extending upward from the surface to and including 
4,100 feet MSL within a 5-mile radius of Beale AFB, and that 
airspace extending upward from 1,600 feet MSL to 4,100 feet MSL 
within a 10-mile radius of Beale AFB from the 127[deg] bearing from 
the airport clockwise to the 007[deg] bearing from the airport, and 
that airspace extending upward from 2,600 feet MSL to 4,100 feet MSL 
within a 10-mile radius of the airport

[[Page 30690]]

from the 007[deg] bearing from the airport clockwise to the 127[deg] 
bearing from the airport. This Class C 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.

    Issued in Washington, DC, May 25, 2010.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. 2010-13137 Filed 6-1-10; 8:45 am]
BILLING CODE 4910-13-P
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