Revocation of Class D Airspace; Tustin MCAS, CA

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98-AWP-19]

Revocation of Class D Airspace; Tustin MCAS, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action will revoke the Class D airspace at Tustin Marine

Corps Air Station (MCAS), CA. In order to meet federal mandates with

regard to Base Realignment and Closure (BRAC), the U.S. Marine Corps

will cease air operations at Tustin MCAS on November 30, 1998, thereby

elimination the criteria for Class D airspace.

EFFECTIVE DATES: 0901 UTC December 3, 1998. Comment date: Comments for

inclusion in the Rules Docket must be received on or before September

30, 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-19, 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, Air Traffic Division,

Airspace Specialist, AWP-520.10, Western-Pacific Region, Federal

Aviation Administration, 15000 Aviation Boulevard, Lawndale, California

90261, telephone (310) 725-6613.

SUPPLEMENTARY INFORMATION: The intended effect of this action is to

remove the Class D airspace area associated with Tustin MCAS. Class D

airspace areas are published in Paragraph 5000 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 airspace

designation listed in this document would be subsequently removed from

this Order.

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.

This action removes previously designated controlled airspace

associated with Tustin MCAS. The intended effect of this action is to

remove controlled airspace where no longer required. Unless a written

adverse or negative comment or a written notice of intend 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 publish 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 received, within the comment period, an

adverse or negative comment, or written notice of intent to submit such

a comment, a document withdrawing the direct final 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

[[Page 46166]]

notice of proposed rulemaking, comments are invited on this rule.

Interested person are invited to comment on this rule by submitting

such written date, 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 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-19.'' 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 500 Class D Airspace

* * * * *

AWP CA D Tustin MCAS, CA [Removed]

* * * * *

Issued in Los Angeles, California, on August 17, 1998.

Dawna Vicars,

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

[FR Doc. 98-23368 Filed 8-28-98; 8:45 am]

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