This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

52638 

Vol. 73, No. 176 

Wednesday, September 10, 2008 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0137] 

Airspace Docket No. 08–AWP–2 

Proposed Establishment of Class E 

Airspace; Death Valley, CA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This action proposes to 

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 proposing this action to 

enhance the safety and management of 

IFR aircraft operations near Las Vegas, 

NV. 

DATES: Comments must be received on 

or before October 27, 2008. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. Telephone (202) 

366–9826. You must identify FAA 

Docket No. FAA–2008–0137; Airspace 

Docket No. 08–AWP–2, at the beginning 

of your comments. You may also submit 

comments through the Internet at http:// 

dms.dot.gov. 

FOR FURTHER INFORMATION CONTACT: 

Richard Roberts, Federal Aviation 

Administration, Western Service Area, 

Operations Support Group, 1601 Lind 

Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4517. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers (FAA Docket No. FAA– 

2008–0137 and Airspace Docket No. 08– 

AWP–2) and be submitted in triplicate 

to the Docket Management System (see 

ADDRESSES section for address and 

phone number). You may also submit 

comments through the Internet at http:// 

dms.dot.gov. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2008–0137 and 

Airspace Docket No. 08–AWP–2’’. The 

postcard will be date/time stamped and 

returned to the commenter. 

All communications received on or 

before the specified closing date for 

comments will be considered before 

taking action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of NPRM’s 

An electronic copy of this document 

may be downloaded through the 

Internet at http://dms.dot.gov. Recently 

published rulemaking documents can 

also be accessed through the FAA’s Web 

page at http://www.faa.gov or the 

Federal Register’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office (see the 

ADDRESSES section for the address and 

phone number) between 9 a.m. and 5 

p.m., Monday through Friday, except 

federal holidays. 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 Area, 

Operations Support Group, 1601 Lind 

Avenue, SW., Renton, WA 98057. 

Persons interested in being placed on 

a mailing list for future NPRM’s should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) part 71 to establish controlled 

airspace at Death Valley, CA. This 

action would enhance the safety and 

management of IFR aircraft operations 

by vectoring IFR aircraft from en route 

airspace to Las Vegas, NV. 

Class E airspace designations are 

published in paragraph 6006 of FAA 

Order 7400.9R, signed August 15, 2007, 

and effective September 15, 2007, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in this Order. 

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. 

Therefore, this proposed 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 proposed rule, 

when promulgated, would not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAAs authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

Section 106, describes the authority for 

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 


pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 73, No. 176 / Wednesday, September 10, 2008 / Proposed Rules 52639 

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 

establish controlled airspace at Death 

Valley, CA. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, 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 

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. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of the FAA Order 7400.9R, 

Airspace Designations and Reporting 

Points, signed August 15, 2007, and 

effective September 15, 2007 is 

amended as follows: 

Paragraph 6006 En route domestic airspace 

areas. 

* * * * * 

AWP CA E6 Death Valley, CA [New] 

Clarr Intersection 

(Lat. 35°40′08′′ N., long. 115°40′19′′ W.) 

That area extending upward from 1,200 

feet above the surface within an area 

beginning at lat. 36°51′00′′ N., long. 

116°33′33′′ W; thence northwest to lat. 

36°56′33′′ N., long. 117°11′21′′ W; thence 

southeast to lat. 35°15′25′′ N., long. 

116°13′00′′ W; thence northeast along VOR 

Federal Airway V–394 to the Clarr 

Intersection; thence northwest along VOR 

Federal Airway V–135 to lat. 36°27′39′′ N., 

long. 116°26′33′′ W; thence north to lat. 

36°46′00′′ N., long. 116°26′33′′ W.; thence to 

the point of origin. 

* * * * * 

Issued in Seattle, Washington, on August 

26, 2008. 

Kevin Nolan, 

Acting Manager, Operations Support Group, 

Western Service Area. 

[FR Doc. E8–20985 Filed 9–9–08; 8:45 am] 

BILLING CODE 4910–13–P 


pwalker on PROD1PC71 with PROPOSALS