Daily Rules, Proposed Rules, and Notices of the Federal Government
On July 24, 2012, the FAA published in the
The NBAA felt the reasons put forth in the NPRM for lowering the Class E airspace down to 1,200 feet above the surface was vague and did not name the terminal areas specifically that would benefit from lowering the Class E airspace. The commenter also recommended that the FAA lower the Class E airspace in a much larger area pushing the airspace north to the boundaries of Oakland ARTCC and Seattle ARTCC airspace, and east to the boundaries of Oakland ARTCC and Salt Lake City ARTCC airspace.
The FAA is creating this airspace at the request of the Oakland ARTCC to aid with the navigation of aircraft within the ARTCC's airspace area by assisting aircraft arriving and departing numerous terminal areas. The FAA feels that making the area larger is not needed at this time and is outside the scope of this rulemaking. Further widening of the airspace would not serve the immediate purpose of establishing the Class E-6 en route airspace area to assist Oakland ARTCC.
Class E airspace designations are published in paragraph 6006, of FAA Order 7400.9W dated August 8, 2012, and effective September 15, 2012, 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.
This action amends Title 14 Code of Federal Regulations (14 CFR) Part 71 by establishing Class E airspace extending upward from 1,200 feet above the surface, in the vicinity of the Coaldale VORTAC navigation aid, Coaldale, NV, to accommodate IFR aircraft under control of the Oakland ARTCC by vectoring aircraft from en route airspace to terminal areas. This action is necessary for the safety and management of IFR operations.
The FAA has determined 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 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, 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 the Coaldale VORTAC, Coaldale, NV.
The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1E, “Environmental Impacts: Policies and Procedures,” paragraph 311a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment.
Airspace, Incorporation by reference, Navigation (air).
In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows:
49 U.S.C. 106(g), 40103, 40113, 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
That airspace extending upward from 1,200 feet above the surface bounded by a line beginning at lat. 38°55′20″ N., long. 119°22′42″ W.; to lat. 38°57′46″ N., long. 119°14′44″ W.; to lat. 38°41′13″ N., long. 118°53′31″ W.; to lat. 38°44′27″ N., long.