Revision of Class D Airspace; San Diego-Gillespie Field, CA

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98-AWP-21]

Revision of Class D Airspace; San Diego-Gillespie Field, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This action will revise the Class D airspace at San Diego-

Gillespie Field, CA by lowering the ceiling of the Class D airspace

area from 2,900 feet Mean Sea Level (MSL) to 2,400 feet MSL. The

proposed modification of the San Diego, CA, Class B airspace area would

create a narrow 300 foot corridor northeast of Gillespie Field. This

corridor would reduce the available airspace for aircraft that are

approaching or overflying Gillespie Field from the northeast. Lowering

the Gillespie Field Class D airspace ceiling will create an 800 foot

corridor along this same route, thereby increasing navigable airspace

for aircraft operating under Visual Flight Rules (VFR).

EFFECTIVE DATE: 0901 UTC December 31, 1998. Comment date: Comments for

inclusion in the Rules Docket must be received on or before October 21,

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-21, 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

[[Page 50141]]

Aviation Administration, 15000 Aviation Boulevard, Lawndale, California

90261, telephone (310) 725-6613.

SUPPLEMENTARY INFORMATION: This amendment to 14 CFR 71 revises the

Class D airspace at San Diego-Gillespie Field, CA by lowering the

ceiling of the Class D from 2,900 feet Mean Sea Level (MSL) to 2,400

feet MSL. On May 19, 1998, the FAA published a Notice of Proposed

Rulemaking (NPRM) to modify the San Diego, CA, Class B airspace area. A

comment on the NPRM was received indicating that the proposed

modification to the San Diego Class B airspace would create a 300 foot

corridor northeast of Gillespie Field. This corridor will result from

lowering the floor of the San Diego Class B airspace area ``I'' from

3,800 feet MSL to 3,200 feet MSL. The above mentioned corridor would

exist over the upper limit of the Gillespie Field Class D airspace area

when aircraft are approaching or overflying Gillespie Field from the

northeast. After careful analysis of the Gillespie Field Class D

airspace area and the adjacent San Diego Class B airspace area, the FAA

agrees with the comment and proposes lowering the Gillespie Field Class

D airspace ceiling to create an 800 foot corridor, thereby increasing

navigable airspace for aircraft operating under Visual Flight Rules

(VFR). Class D airspace areas are published in Paragraph 5000 of FAA

Order 7400.9F dated September 10, 1998, and effective September 16,

1998, which is incorporated by reference in 14 CFR 71.1. The Class D

airspace designation listed in this document will be published

subsequently in the 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 revises controlled airspace associated with San Diego-

Gillespie Field, CA. The intended effect of this action is to remove

controlled airspace where no longer required and to increase navigable

airspace for aircraft operating VFR. 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 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 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 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 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 Rule 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-21.'' 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 7400.9F, Airspace Designations and

Reporting Points, dated September 10, 1998, and effective September 16,

1998, is amended as follows:

Paragraph 5000 Class D Airspace

* * * * *

AWP CA D San Diego-Gillespie Field, CA [Revised]

San Diego-Gillespie Field, CA

(Lat. 32 deg.49'34''N, long. 116 deg.58'21''W)

That airspace extending upward from the surface to and including

2,400 feet MSL within a 4.3 mile radius of San Diego-Gillespie

Field, excluding that airspace within the San Diego, CA, Class B

airspace area and the Miramar NAS, CA, Class E airspace area. This

Class D airspace area is effective during the dates and times

established in advance by a Notice to

[[Page 50142]]

Airmen. The effective date and time will thereafter be continuously

published in the Airport/Facility Directory.

* * * * *

Issued in Los Angeles, California, on September 11, 1998.

Leonard A. Mobley,

Acting Manager, Air Traffic Division Western-Pacific Region.

[FR Doc. 98-25208 Filed 9-18-98; 8:45 am]

BILLING CODE 4910-13-M