
[Federal Register: July 15, 2010 (Volume 75, Number 135)]
[Rules and Regulations]               
[Page 41076-41077]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jy10-4]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-1030; Airspace Docket No. 09-AWP-8]

 
Establishment of Class E Airspace; Monterey, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action will establish Class E airspace at Monterey, CA, 
to accommodate aircraft using a new Area Navigation (RNAV) Required 
Navigation Performance (RNP) Standard Instrument Approach Procedures 
(SIAPs) at Monterey Peninsula Airport. This action will improve the 
safety and management of Instrument Flight Rules (IFR) operations at 
the airport.

DATES: Effective date, 0901 UTC, September 23, 2010. The Director of 
the Federal Register approves this incorporation by reference action 
under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 
and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation 
Administration, Operations Support Group, Western Service Center, 1601 
Lind Avenue, SW., Renton, WA 98057; telephone (425) 203-4537.

SUPPLEMENTARY INFORMATION: 

History

    On November 18, 2009, the FAA published in the Federal Register a 
notice of proposed rulemaking to establish controlled airspace at 
Monterey, CA (74 FR 59491). Interested parties were invited to 
participate in this rulemaking effort by submitting written comments on 
the proposal to the FAA. No comments were received.
    Subsequent to publication, the FAA's National Aeronautical Charting 
Office found that the legal description was vague and needed to be 
clarified to avoid confusion on the part of pilots flying in the area. 
Therefore, the legal description for Monterey Peninsula Airport has 
been reworded. This change does not affect the boundaries of the 
airspace area.
    Class E airspace designations are published in paragraph 6002 of 
FAA Order 7400.9T signed August 27, 2009, and effective September 15, 
2009, which is incorporated by reference in 14 CFR 71.1. The Class E 
airspace designations listed in this document will be published 
subsequently in that Order.

The Rule

    This action will amend Title 14 Code of Federal Regulations (14 
CFR) part 71 by establishing Class E surface airspace at Monterey 
Peninsula Airport, Monterey, CA, to accommodate IFR aircraft executing 
new RNAV (RNP) SIAPs at the airport. This action is necessary for the 
safety and management of IFR operations. With the exception of 
editorial changes, and the changes described above, this rule is the 
same as that proposed in the NPRM.
    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

[[Page 41077]]

controlled airspace at Monterey Peninsula Airport, Monterey, CA.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration 
amends 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

0
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]

0
2. The incorporation by reference in 14 CFR Part 71.1 of the Federal 
Aviation Administration Order 7400.9T, Airspace Designations and 
Reporting Points, signed August 27, 2009, and effective September 15, 
2009 is amended as follows:

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

AWP CA, E2 Monterey, CA [New]

Monterey Peninsula Airport, CA
    (Lat. 36[deg]35'13'' N., long. 121[deg]50'35'' W.)

    Within a 5-mile radius of the Monterey Peninsula Airport, and 
within 3 miles each side of the 113[deg] bearing of the airport 
extending from the 5-mile radius of Monterey Peninsula Airport to 
15.7 miles east of the airport. This Class E airspace area is 
effective during the specific dates and times established in advance 
by a Notice to Airmen. The effective dates and times will thereafter 
be continuously published in the Airport/Facility Directory.

    Issued in Seattle, Washington, on July 1, 2010.
John Warner,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2010-17248 Filed 7-14-10; 8:45 am]
BILLING CODE 4910-13-P

