
[Federal Register: September 10, 2008 (Volume 73, Number 176)]
[Proposed Rules]               
[Page 52638-52639]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10se08-20]                         

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Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

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[[Page 52638]]



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.

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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

[[Page 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.


Sec.  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[deg]40'08'' N., long. 115[deg]40'19'' W.)

    That area extending upward from 1,200 feet above the surface 
within an area beginning at lat. 36[deg]51'00'' N., long. 
116[deg]33'33'' W; thence northwest to lat. 36[deg]56'33'' N., long. 
117[deg]11'21'' W; thence southeast to lat. 35[deg]15'25'' N., long. 
116[deg]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[deg]27'39'' N., long. 116[deg]26'33'' W; thence 
north to lat. 36[deg]46'00'' N., long. 116[deg]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
