[Federal Register Volume 74, Number 59 (Monday, March 30, 2009)]
[Rules and Regulations]
[Pages 14006-14007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6999]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0137; Airspace Docket No. 08-AWP-2]


Establishment of Class E Airspace; Death Valley, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action will establish Class E airspace at Death Valley, 
CA. Controlled airspace is necessary to facilitate vectoring of 
Instrument Flight Rules (IFR) traffic from en route airspace to Las 
Vegas, NV. The FAA is taking this action to enhance the safety and 
management of IFR aircraft operations near Las Vegas, NV. This action 
also makes a minor change to the geographic coordinates of the 
airspace.

DATES: Effective Date: 0901 UTC, July 2, 2009. 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 September 10, 2008, the FAA published in the Federal Register a 
notice of proposed rulemaking to establish controlled airspace at Death 
Valley, CA, (73 FR 52638). Interested parties were invited to 
participate in this rulemaking effort by submitting written comments on 
the proposal to the FAA. No comments were received. A minor change to 
the geographic coordinates of the airspace area was provided by the 
FAA's Charting Office to better depict the airspace.
    Class E airspace designations are published in paragraph 6006 of 
FAA Order 7400.9S signed October 3, 2008, and effective October 31, 
2008, which is incorporated by reference in 14 CFR part 71.1. The 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 establishing Class E airspace at Death Valley, CA. 
Controlled airspace is necessary to accommodate IFR aircraft vectoring 
from en route airspace to Las Vegas, NV. With the exception of 
editorial changes, and the changes described above, this rule is the 
same as that proposed in the NPRM.
    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 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 U.S. 
Code. Subtitle 1, Section 106 discusses the authority of the FAA 
Administrator. Subtitle VII,

[[Page 14007]]

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 controlled airspace at Death Valley, 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.


Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9S, Airspace Designations and 
Reporting Points, signed October 3, 2008, and effective October 31, 
2008 is amended as follows:

Paragraph 6006. En Route Domestic Airspace Areas.

AWP CA E6 Death Valley, CA [New]

Clarr Intersection
    (Lat. 35[deg]40'32'' N., long. 115[deg]40'47'' W.)

    That area extending upward from 1,200 feet above the surface 
within an area beginning at lat. 36[deg]51'00'' N., long. 
116[deg]33'33'' W.; thence northwest to lat. 36[deg]56'33'' N., 
long. 117[deg]11'21'' W.; thence southeast to lat. 35[deg]34'30'' 
N., long. 116[deg]23'30'' W.; thence southeast to lat. 
35[deg]17'29'' N., long. 116[deg]10'01'' W.; thence northeast along 
VOR Federal Airway V-394 to the Clarr Intersection; thence northwest 
along VOR Federal Airway V-135 to lat. 36[deg]29'00'' N., long. 
116[deg]26'33'' W.; thence north to lat. 36[deg]46'00'' N., long. 
116[deg]26'33'' W.; thence to the point of origin.

    Issued in Seattle, Washington, on March 13, 2009.
Clark Desing,
Manager, Operations Support Group, Western Service Center.
[FR Doc. E9-6999 Filed 3-27-09; 8:45 am]
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