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[Federal Register: July 15, 2010 (Volume 75, Number 135)]
[Rules and Regulations]               
[Page 41077-41078]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jy10-5]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0633; Airspace Docket No. 10-AWP-12]

 
Revision of Class E Airspace; Monterey, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revises Class E airspace at Monterey Peninsula 
Airport, Monterey, CA. The FAA is taking this action in response to a 
request from the National Aeronautical Charting Office (NACO) to better 
clarify the legal description of controlled airspace designated as an 
extension to Class C surface area.

DATES: Effective date, 0901 UTC, September 23, 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: 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

    The FAA received a request from NACO to clarify the legal 
description of the existing Class E surface airspace area designated as 
an extension to Class C airspace area, stating it was vague and 
confusing and needed to be clarified. This action is in response to 
that request.
    Class E airspace designations are published in paragraph 6003 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 E 
airspace designations listed in this document will be published 
subsequently in that Order.

The Rule

    This action will amend Title 14 Code of Federal Regulations (14 
CFR) part 71 by revising the legal description of Class E airspace 
designated as an extension to Class C airspace area for Monterey 
Peninsula Airport, Monterey, CA. The legal description has been 
clarified to avoid confusion on the part of pilots flying in the 
Monterey, CA, area. This action will be in concert with a change in the 
legal description for Class E surface area airspace being rewritten 
under separate rulemaking. This is an administrative change and does 
not affect the boundaries, altitudes, or operating requirements of the 
airspace, therefore, notice and public procedures under 5 U.S.C. 553(b) 
are unnecessary.
    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 revises 
controlled airspace at Monterey Peninsula Airport, Monterey, CA.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
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.

[[Page 41078]]

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR Part 71.1 of the Federal 
Aviation Administration Order 7400.9T, Airspace Designations and 
Reporting Points, signed August 27, 2009, and effective September 15, 
2009 is amended as follows:

Paragraph 6003 Class E Airspace Designated as an Extension to Class 
C Surface Areas.

* * * * *

AWP CA, E3 Monterey, CA [Amended]

Monterey Peninsula Airport, CA
    (Lat. 36[deg]35'13'' N., long. 121[deg]50'35'' W.)

    That airspace extending upward from the surface within 3 miles 
each side of the 113[deg] bearing of the airport extending from the 
5-mile radius of Monterey Peninsula Airport to 15.7 miles east of 
the airport. This Class E airspace area is effective during the 
specific dates and times established in advance by a Notice to 
Airmen. The effective dates and times will thereafter be 
continuously published in the Airport/Facility Directory.

    Issued in Seattle, Washington, on July 1, 2010.
John Warner,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2010-17249 Filed 7-14-10; 8:45 am]
BILLING CODE 4910-13-P
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