Revision of Class D and Establishment of Class E Airspace; Yuma MCAS-Yuma International Airport, AZ

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98-AWP-14]

Revision of Class D and Establishment of Class E Airspace; Yuma

MCAS-Yuma International Airport, AZ

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action will amend the Class D airspace area operating

times and establish a Class E airspace surface area at Yuma MCAS-Yuma

International Airport, Yuma, AZ. In April of 1998 the U.S. Marines

reduced the hours of operation of the Air Traffic Control Tower (ATCT)

at Yuma MCAS. The reduction of the ATCT hours of operation has made

this action necessary. The intended effect of this action is to modify

the hours of the Yuma Class D airspace area in the legal description of

the controlled airspace and establish a Class E airspace surface area

to contain instrument operations during times the ATCT is closed. This

action does not involve a change in the dimensions or operating

requirements of that airspace containing Instrument Flight Rules (IFR)

operations at Yuma MCAS-Yuma International Airport, Yuma, AZ.

DATES: Effective: 0901 UTC August 13, 1998. Comment date: Comments for

inclusion in the Rules Docket must be received on or before July 6,

1998.

ADDRESSES: Send comments on the direct final rule in triplicate to:

Federal Aviation Administration, Attn: Manager, Airspace Branch, AWP-

520, Docket No. 98-AWP-14, Air Traffic Division, P.O. Box 92007,

Worldway Postal Center, Los Angeles, California 90009.

The official docket may be examined in the Office of the Assistant

Chief Counsel, Western-Pacific Region, Federal Aviation Administration,

Room 6007, 15000 Aviation Boulevard, Lawndale, California 90261.

An informal docket may also be examined during normal business

hours at the Office of the Manager, Airspace Branch, Air Traffic

Division at the above address.

FOR FURTHER INFORMATION CONTACT:

Debra Trindle, Airspace Specialist, Airspace Branch, AWP-520, Air

Traffic Division, Western-Pacific Region, Federal Aviation

Administration, 15000 Aviation Boulevard, Lawndale, California 90261,

telephone (310) 725-6613.

SUPPLEMENTARY INFORMATION: This action will change the airspace legal

description to reflect the new operating hours of the Class D airspace

area of the Yuma MCAS-Yuma International Airport and establish a Class

E airspace surface area to be effective during times the Yuma ATCT is

closed. The 1998 reduction of the ATCT hours of operation has made this

action necessary. The intended effect of this action is to modify the

hours of the Yuma Class D airspace area in the legal description of the

controlled airspace and establish a Class E Airspace surface area to

contain instrument operations during times the ATCT is closed. Class D

airspace areas are published in Paragraph 5000 and Class E airspace

surface areas are published in Paragraph 6002 of FAA Order 7400.9D

dated September 10, 1997, and effective September 16, 1997, which is

incorporated by reference in 14 CFR 71.1. The Class D and E airspace

designation listed in this document would be published subsequently in

this Order.

[[Page 30126]]

The Direct Final Rule Procedure

The FAA anticipates that this regulation will not result in adverse

or negative comment and therefore is issuing it as a direct final rule.

Unless a written adverse or negative comment, or a written notice of

intent to submit an adverse or negative comment is received within the

comment period, the regulation will become effective on the date

specified above. After the close of the comment period, the FAA will

published a document in the Federal Register indicating that no adverse

or negative comments were received and confirming the date on which the

final rule will become effective. If the FAA does receive, within the

comment period, an adverse or negative comment, or written notice of

intent to submit such a comment, a document withdrawing the direct rule

will be published in the Federal Register, and a notice of proposed

rulemaking may be published with a new comment period.

Comments Invited

Although this action is in the form of a final rule and was not

preceded by a notice of proposed rulemaking, comments are invited on

this rule. Interested persons are invited to comment on this rule by

submitting such written data, views, or arguments as they may desire.

Communications should identify the Rules Docket number and be submitted

in triplicate to the address specified under the caption ADDRESSES. All

communications received on or before the closing date for comments will

be considered, and this rule may be amended or withdrawn in light of

the comments received. Factual information that supports the

commenter's ideas and suggestions is extremely helpful in evaluating

the effectiveness of this action and determining whether the additional

rulemaking action would be needed.

Comments are specifically invited on the overall regulatory,

economic, environmental, and energy aspects of the rule that might

suggest a need to modify the rule. All comments submitted will be

available, both before and after the closing date for comments, in the

Rules Docket for examination by interested persons. A report that

summarizes each FAA-public contact concerned with the substance of this

action will be filed in the Rules-Docket.

Commenters wishing the FAA to acknowledge receipt of their comments

submitted in response to this rule must submit a self-addressed,

stamped postcard on which the following statement is made: ``Comments

to Docket No. 98-AWP-14.'' The postcard will be date stamped and

returned to the commenter.

Agency Findings

The regulations adopted herein will not have substantial direct

effects on the States, on the relationship between the national

government and the States, or on the distribution of power and

responsibilities among the various levels of government. Therefore, in

accordance with Executive Order 12612, it is determined that this final

rule does not have sufficient federalism implications to warrant the

preparation of a Federalism Assessment.

The FAA has determined that this regulation is noncontroversial and

unlikely to result in adverse or negative comments. For the reasons

discussed in the preamble, 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 will not have a significant economic impact on

a substantial number of small entities under the criteria of the

Regulatory Flexibility Act.

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, CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS; 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; 14 CFR 11.69.

Sec. 71.1 [Amended]

2. The incorporation by reference in 14 CFR 71.1 of the Federal

Aviation Administration Order 7400.9E, Airspace Designations and

Reporting Points, dated September 10, 1997, and effective September 16,

1997, is amended as follows:

Paragraph 5000 Class D Airspace

* * * * *

AWP AZ D YUMA AZ [Revised]

Yuma MCAS-Yuma International Airport, AZ

(Lat. 32 deg.39'23''N, long. 114 deg.36'22''W)

Somerton Airport, AZ

(Lat. 32 deg.36'03''N, long. 114 deg.39'57''W)

That airspace extending upward from the surface to and including

2,700 feet MSL within a 5.2-mile radius of Yuma MCAS/Yuma

International Airport, excluding that airspace from the surface up

to and including 300 feet above the surface within a 1-mile radius

of the Somerton Airport west of a line one-quarter mile northeast of

and parallel to the Somerton Airport northwest-southeast runway.

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 6002 Class E airspace areas designated as a surface area

for an airport

* * * * *

AWP AZ E2 YUMA AZ [Revised]

Yuma MCAS-Yuma International Airport, AZ

(Lat. 32 deg.39'23''N, long. 114 deg.36'22''W)

Somerton Airport, AZ

(Lat. 32 deg.36'03''N, long. 114 deg.39'57''W)

That airspace, within a 5.2-mile radius of Yuma MCAS/Yuma

International Airport, excluding that airspace from the surface up

to and including 300 feet above the surface within a 1-mile radius

of the Somerton Airport west of a line one-quarter mile northeast of

and parallel to the Somerton Airport northwest-southeast runway. The

Class E 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 Los Angeles, California, on May 19, 1998.

Sherry Avery,

Acting Assistant Manager, Air Traffic Division, Western-Pacific Region.

[FR Doc. 98-14757 Filed 6-2-98; 8:45 am]

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