[Federal Register Volume 64, Number 39 (Monday, March 1, 1999)]
[Proposed Rules]
[Pages 9940-9947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4995]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Airspace Docket No. 97-AWA-1]
RIN 2120-AA66
Proposed Modification of the San Francisco Class B Airspace Area;
CA
AGENCY: Federal Aviation Administration (FAA), DOT.
[[Page 9941]]
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to modify the San Francisco, CA, Class B
airspace area. Specifically, this action proposes to raise the ceiling
of the airspace area from 8,000 to 10,000 feet mean sea level (MSL);
reconfigure several existing areas; create several new areas; and raise
and/or lower the floors of existing areas. The FAA is proposing this
action to improve the management of air traffic operations, enhance
safety, and reduce the potential for midair collision, in the San
Francisco Class B airspace area while accommodating the concerns of
airspace users.
DATES: Comments must be received on or before April 30, 1999.
ADDRESSES: Send comments on the proposal in triplicate to the Federal
Aviation Administration, Office of the Chief Counsel, Attention: Rules
Docket, AGC-200, Airspace Docket No. 97-AWA-1, 800 Independence Avenue,
SW., Washington, DC 20591. Comments may also be sent to the following
Internet address: [email protected] The official docket may be
examined in the Rules Docket, Office of the Chief Counsel, Room 916,
800 Independence Avenue, SW., Washington, DC, weekdays, except Federal
holidays, between 8:30 a.m. and 5:00 p.m. An informal docket may also
be examined during normal business hours at the office of the Regional
Air Traffic Division.
FOR FURTHER INFORMATION CONTACT: Joseph White, Airspace and Rules
Division, ATA-400, Office of Air Traffic Airspace Management, Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591; telephone: (202) 267-8783.
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 the airspace docket number and be
submitted in triplicate to the address listed above. Commenters wishing
the FAA to acknowledge receipt of their comments on this notice must
submit with those comments a self-addressed, stamped postcard on which
the following statement is made: ``Comments to Airspace Docket No. 97-
AWA-1.'' 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 notice may be changed
in light of comments received. All comments submitted will be available
for examination in the Rules 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 also be filed in
the docket.
Availability of NPRM's
An electronic copy of this document may be downloaded from the FAA
regulations section of the Fedworld electronic bulletin board service
(telephone: 703-321-3339) or the Federal Register's electronic bulletin
board service (telephone: 202-512-1161), using a modem and suitable
communications software.
Internet users may reach the FAA's web page at http://www.faa.gov
or the Federal Register's webpage at http://www.access.gpo.gov/nara/
index.html for access to recently published rulemaking documents.
Any person may obtain a copy of this NPRM by submitting a request
to the Federal Aviation Administration, Office of Air Traffic Airspace
Management, 800 Independence Avenue, SW., Washington, DC 20591, or by
calling (202) 267-8783. Communications must identify the notice number
of this NPRM. Persons interested in being placed on a mailing list for
future NPRM's should call the FAA's Office of Rulemaking, (202) 267-
9677, for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, that describes the application
procedure.
Related Rulemaking Actions
On May 21, 1970, the FAA published the Designation of Federal
Airways, Controlled Airspace, and Reporting Points Final Rule (35 FR
7782). This rule provided for the establishment of Terminal Control
Airspace (TCA) areas (now known as Class B airspace areas).
On June 21, 1988, the FAA published the Transponder With Automatic
Altitude Reporting Capability Requirement Final Rule (53 FR 23356).
This rule requires all aircraft to have an altitude encoding
transponder when operating within 30 nautical miles (NM) of any
designated TCA primary airport from the surface up to 10,000 feet MSL.
This rule excluded those aircraft that were not originally certificated
with an engine-driven electrical system (or those that have not
subsequently been certified with such a system), balloons, or gliders.
On October 14, 1988, the FAA published, in the Federal Register,
the Terminal Control Area Classification and Terminal Control Area
Pilot and Navigation Equipment Requirements Final Rule (53 FR 40318).
This rule, in part, requires the pilot-in-command of a civil aircraft
operating within a TCA to hold at least a private pilot certificate,
except for a student pilot who has received certain documented
training.
On December 17, 1991, the FAA published the Airspace
Reclassification Final Rule (56 FR 65638). This rule discontinued the
use of the term ``Terminal Control Area'' and replaced it with the
designation ``Class B airspace area.'' This change in terminology is
reflected in the remainder of this NPRM.
Background
The TCA program was developed to reduce the potential for midair
collision in the congested airspace surrounding airports with high
density air traffic by providing an area wherein all aircraft are
subject to certain operating rules and equipment requirements.
The density of traffic and the type of operations being conducted
in the airspace surrounding major terminals increases the probability
of midair collisions. In 1970, an extensive study found that the
majority of midair collisions occurred between a general aviation (GA)
aircraft and an air carrier or military aircraft, or another GA
aircraft. The basic causal factor common to these conflicts was the mix
of aircraft operating under visual flight rules (VFR) and aircraft
operating under instrument flight rules (IFR). Class B airspace areas
provide a method to safely accommodate the increasing number of IFR and
VFR operations. The regulatory requirements of these airspace areas
afford the greatest protection for the greatest number of people by
giving air traffic control (ATC) increased capability to provide
aircraft separation service, thereby minimizing the mix of controlled
and uncontrolled aircraft.
The standard configuration of a Class B airspace area contains
three concentric circles centered on the primary airport extending to
10, 20, and 30 NM, respectively. The standard vertical limit of these
airspace areas normally should not exceed 10,000 feet MSL, with the
floor established at the
[[Page 9942]]
surface in the inner area and at levels appropriate to the containment
of operations in the outer areas. Variations of these criteria may be
utilized contingent on the terrain, adjacent regulatory airspace, and
factors unique to the terminal area.
Public Input
As announced in the Federal Register on July 22, 1996 (61 FR
37957), pre-NPRM informal airspace meetings were held in 1996 on
September 4 and 23 in San Jose, CA; September 10 in Concord, CA;
September 17 at the Alameda Coast Guard Station, Alameda, CA; and
September 24 in Petaluma, CA. The purpose of these meetings was to
provide local airspace users an opportunity to present input on the
planned modifications of the San Francisco Class B airspace area, and
the Metropolitan Oakland, CA, and San Jose, CA, Class C airspace areas.
After further internal FAA review, and in response to input received
from the airspace user community, the planned changes for Metropolitan
Oakland and San Jose Class C airspace areas were withdrawn from this
effort.
As a result of the above informal airspace meetings, the FAA
received verbal and written comments from several interested parties.
All comments received during the informal airspace meetings and the
subsequent comment period were considered and/or incorporated into this
notice of proposed modification. Verbal and written comments received
by the FAA, and the agency's responses, are summarized below.
Analysis of Comments
One commenter, from the Coalition for Responsible Airport
Management and Policy, expressed nonsupport for the planned
modification to the San Francisco Class B airspace area. The commenter
stated that the planned modification would further restrict GA and does
not contain sufficient geographical landmarks to support GA operations.
The FAA agrees that identifiable and prominent landmarks have
proven to be extremely useful to pilots operating under VFR in
assisting them with identifying the boundaries of a Class B airspace
area. During the preliminary planning for the Class B airspace area
design and this proposed modification, consideration was given to using
Very High Frequency Omnidirectional Range (VOR) radials, latitudes and
longitudes, as well as geographical landmarks whenever possible. Since
November 1991, the Northern California Airspace Users Working Group
(NCAUWG) has been an integral part of the ongoing effort to develop
recommendations to modify the San Francisco Class B airspace area. The
proposed airspace modification offers several routes and options for GA
operators to transit the San Francisco area without requiring entry
into Class B airspace. Additional geographic landmarks have been
recently identified by the NCAUWG in a proposal to publish VFR flyways
on the San Francisco VFR Terminal Area Chart. Although outside the
scope of this NPRM, the FAA looks forward to publishing VFR flyways
with the additional geographical landmarks shortly after San Francisco
Class B airspace area modification decisions have been finalized.
Several commenters recommended that the ceiling of the San
Francisco Class B airspace area remain at 8,000 feet MSL. They believe
that the current 8,000 feet MSL ceiling is high enough to contain
operations.
The FAA does not agree with this recommendation. Currently, 90
percent of aircraft arriving and departing the San Francisco
International Airport operate between 8,000 and 10,000 feet MSL.
Aircraft operations at San Francisco International Airport are forecast
to continue the trend of steadily increasing in response to the
transportation needs of local citizens. The FAA believes that raising
the ceiling to 10,000 feet MSL is necessary to protect the instrument
procedures flight tracks during critical climb and descent profiles. A
higher level of overall safety is the key objective. A survey conducted
by the Bay Terminal Radar Approach Control facility in August and
September of 1996 revealed that this modification, as proposed, would
effect only a very small number of aircraft operating under VFR.
Some commenters suggested that the airspace in the vicinity of Mt.
Diablo be excluded from the San Francisco Class B airspace area to
provide for soaring activity over Mt. Diablo.
The FAA agrees with this recommendation. The proposed airspace
modification has been amended in response to comments received. This
proposed modification to the San Francisco Class B airspace area
excludes airspace in the vicinity of Mt. Diablo.
A few commenters recommended that the Sunol Gap area to the east,
commonly referred to local users as the ``keyhole,'' continue to be
excluded from the San Francisco Class B airspace area because they felt
the proposed change was restrictive and unnecessary.
The FAA does not agree with this recommendation. Currently, several
IFR arrival transition areas/routes traverse this ``keyhole'' area.
These routes enter the San Francisco Class B airspace area from the
northeast, east, and southeast, and exit via departure transition
areas/routes to the east and southeast. The proposed reconfiguration of
the San Francisco Class B airspace area to the east of San Francisco
would support the normal flow of traffic from the east and northeast
into and out of San Francisco International Airport, Hayward Air
Terminal, and Metropolitan Oakland Airport. Additionally, when the San
Francisco International Airport is operating in an east departure
configuration, the proposed Class B airspace within Areas J, K, and M
provides Class B coverage for jet departure climb profiles to the east.
Several commenters recommended that VFR routes, corridors, or
flyways be identified for entry into and/or through the San Francisco
Class B airspace area.
The FAA agrees with these commenters and plans to initiate
publication of VFR flyways after the Class B airspace area modification
decisions are finalized. This sequence of actions is necessary in order
to ensure that published VFR flyways are correctly placed for
navigation around the Class B airspace area.
Several commenters recommended that the floor of the San Francisco
Class B airspace area in the vicinity of Mt. Tamalpais be made higher
than the planned 4,000 feet MSL because they believed the current floor
at 4,500 feet was adequate for existing operations.
The FAA does not agree with this recommendation. Presently, IFR
arrivals from the northwest predominantly traverse this area in descent
for landing at San Francisco International Airport. After a thorough
review, the FAA has determined that, due to the continuing increase in
aircraft operations, lowering the floor from 4,500 feet to 4,000 feet
MSL is necessary in order to adequately contain the flow of air
traffic. The proposal to reconfigure this area will generate benefits
in the form of enhanced aviation safety and operational efficiency for
air carriers and other aircraft operators that arrive and depart the
San Francisco International Airport Runways 10 and 19 from the north.
Several commenters expressed concern that the floor of Area F at
2,100 feet MSL is too low.
The FAA does not agree. It should be noted that this action does
not propose to reconfigure or modify Area F. The current floor of Area
F was established at 2,100 feet MSL to support San Francisco jet
departure operations as they transition from the surface to
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selected routes. Additionally, Area F allows IFR arrival traffic from
the north and southwest to transition from the en route environment in
uniform descent to San Francisco International Airport.
One commenter expressed concern that the extension of the Class B
airspace area to the west would impede GA aircraft operations along
Federal VOR Airway 27 (V-27).
The FAA disagrees with this comment. The choice to navigate along
V-27 and still avoid Class B airspace would remain a viable option for
aircraft operating underneath Area E below the unchanged 6,000 feet MSL
floor currently established.
Several commenters expressed concern regarding adequate ATC
staffing to provide Class B services in the proposed expanded areas.
The FAA has determined this proposed modification of the San
Francisco Class B airspace area will not require an increase of
personnel to provide ATC services.
Other Public Meetings
Due to the fact that the informal airspace meetings were held in
1996, the FAA will conduct additional public meetings on this proposal.
The dates and times of these meetings will be announced in the Federal
Register.
The Proposal
The FAA proposes to amend 14 CFR part 71 by modifying the San
Francisco Class B airspace area. Specifically, this proposal (as
depicted on the attached chart) would raise the ceiling from 8,000 to
10,000 feet MSL; reconfigure several existing areas; create several new
areas; and raise and/or lower the floors in existing areas. The FAA is
proposing this action to enhance safety, reduce the potential for
midair collision, and better manage air traffic operations into, out
of, and through the San Francisco Class B airspace area, while
accommodating the concerns of airspace users.
Area A. In the reconfiguration of Area A (that area beginning at
the surface up to 10,000 feet MSL), the FAA proposes to modify a
portion of its southwest boundary from 5 to 6 NM between the San
Francisco VOR/DME 137 deg. and 247 deg. radials. The FAA believes
modification of Area A would provide additional protected airspace for
the critical aircraft operations of landing or takeoff; for low
altitude aircraft operations navigating from the north off the Point
Reyes VORTAC and into San Francisco International Airport or Oakland
Airport from the west; and for radar vectors issued by ATC to parallel
Runways 1 and 28. In addition, when the San Francisco International
Airport is in a southern configuration, the proposed modification of
the 1 NM of airspace to the south and southwest would ensure turboprop
as well as other aircraft operations are contained within the San
Francisco Class B airspace area during critical phases of flight.
Areas B and C. No lateral changes have been made to the existing
Areas B or C boundaries.
Area D. The FAA believes expansion of Area D westward to the San
Francisco VOR/DME 247 deg. radial is necessary for better protection of
oceanic and southern California jet arrival descent profiles. The FAA
proposes to relocate the portion of the existing western boundary of
Area D which extends between 5 and 15 NM from the San Francisco VOR/
DME; delete the entire current southeast boundary of the Existing Area
J; and expand Area D westward to establish the new western boundary of
Area D along the existing San Francisco VOR/DME 247 deg. radial between
6 and 15 NM. From that point the FAA proposes to establish the southern
boundary of Area D counterclockwise along the San Francisco VOR/DME 15
NM arc to the San Francisco VOR/DME 167 deg. radial. The floor in this
reconfigured area, as proposed, would be lowered from 6,000 feet MSL
and merged with the existing floor of 4,000 feet MSL. In addition, as
proposed in this modification, the existing Area J with a floor of
5,000 feet MSL, located southwest of the San Francisco International
Airport in the vicinity of Half Moon Bay Airport, would be incorporated
into the reconfigured Area D, lowered and merged with the existing
floor of 4,000 feet MSL. The floor proposed at 4,000 feet MSL would
support arrival turboprop and other aircraft operations transiting in
descent into the San Francisco International Airport from ocean points
west and from southern California. The FAA believes there will be
little, if any, impact to GA operators, and/or other users of the
airspace created by lowering the floor to 4,000 feet MSL in the
vicinities of Half Moon Bay Airport, east of El Granda, and northwest
of the Woodside VORTAC, as approximately half of the reconfigured Area
D will be over water. The San Francisco VFR Terminal Area Chart
produced by the National Oceanic and Atmospheric Administration depicts
rising terrain contours in the reconfigured area from sea level to
approximately 1,500 feet, with one spot elevation exceeding 1,900 feet.
The FAA believes there is adequate maneuvering airspace for aircraft
operators or others who elect to operate in this area below the 4,000-
foot floor of the Class B airspace area. Additionally, pilots, have the
option of circumnavigating outside of the San Francisco VOR/DME 15 NM
arc and operating under the higher floor of 6,000 feet MSL, or using
standard procedures to enter the Class B airspace area.
Area E. The FAA proposes to reconfigure Area E westward. The
existing westernmost boundary of Area E, currently described as the
Point Reyes 161 deg. radial, would be relocated approximately 10 NM
westward. Thence as proposed: bounded on its northern end by the San
Francisco VOR/DME 277 deg. radial; its western border, the Point Reyes
178 deg. radial until intercepting the San Francisco VOR/DME 227 deg.
radial; on the southern end bounded by the San Francisco VOR/DME
227 deg. radial between 25 and 30 NM and the extended San Francisco
VOR/DME 20 NM arc. Expanding this area west would support arrival and
departure turboprop aircraft and other aircraft operations transiting
in descent from the en route structure into the San Francisco
International Airport from ocean points west of San Francisco and from
southern California area. This proposed expansion to the west would
enhance safety in the form of better management of aircraft operations.
In addition, as most of the west expansion is over water and the floor,
as proposed, established at 6,000 feet MSL, the FAA believes there will
be little if any impact to GA operations.
Area F. No lateral change has been made to the existing Area F
boundary.
Area G. Area G extends the San Francisco VOR/DME 15 NM arc
counterclockwise until it adjoins the San Francisco VOR/DME 277 deg.
radial.
Area H. The FAA proposes to extend Area H to the west uniformly
along the respective 15 and 20 NM arcs until they intercept the San
Francisco VOR/DME 277 deg. radial. In addition, the FAA proposes to
lower the existing floor of Area H from 4,500 to 4,000 feet MSL to
provide additional protected airspace for west departures and southeast
arrivals into and out of the San Francisco International Airport.
Area I. The FAA proposes to extend Area I uniformly along the
respective 20 and 25 NM arcs until they intercept the San Francisco
VOR/DME 277 deg. radial. This reconfiguration would provide protected
airspace for aircraft operations that transition to and from the en
route structure.
Area J. The FAA believes that the proposed establishment of Area J
to the east of San Francisco International Airport would provide
additional protected airspace for IFR aircraft arriving from the east
in the vicinity of
[[Page 9944]]
the SUNOL intersection. The FAA proposes to reclassify that portion of
existing Class E airspace to Class B airspace by establishing Area J in
the vicinity of Decoto, CA. In this proposal, Area J would be bounded
by the San Francisco VOR/DME 067 deg. and 107 deg. radials along the 15
and 20 NM arcs of the San Francisco VOR/DME, with the floor established
at 3,500 feet MSL. Establishment of Area J would enhance the protection
of aircraft operations into the San Francisco International Airport.
The proposed creation of Area J and the reclassification of the
airspace in the vicinity of Decoto, CA, may lead some GA operators to
consider alternate routes of flight. However, the FAA believes this
will not hinder GA operations unduly, and, for those pilots who choose
not to circumnavigate or traverse below the Class B airspace area,
standard procedures may be used to enter the San Francisco Class B
airspace area.
Area K. No lateral change has been made to the existing Area K
boundary.
Area L. The FAA believes that the establishment of Area L to the
east of the San Francisco International Airport would provide
additional protected airspace for those aircraft arriving from the east
over the congested CEDES intersection. The FAA proposes to reclassify
that portion of existing Class E airspace in the vicinity of Sunol, CA,
to Class B airspace by establishing Area L. As proposed, Area L would
be bounded by the San Francisco VOR/DME 067 deg. and 107 deg. radials
along the 20 and 25 NM arcs of the San Francisco VOR/DME, with the
floor established at 5,000 feet MSL. Establishment of this area would
enhance the safety of aircraft operations by providing additional
protected airspace for IFR arrival traffic operations in transition
from the CEDES intersection and vicinity, into San Francisco, Oakland,
and Hayward Airports. The 5,000-foot floor would allow adequate room
for aircraft operators to choose transiting either below or around the
Class B airspace area, or to use standard procedures for entry into the
San Francisco Class B airspace area.
Area M. The FAA proposes to establish Area M between the San
Francisco VOR/DME 067 deg. and 227 deg. radials, and between the San
Francisco VOR/DME 25-30 NM arcs, with a floor of 8,000 feet MSL. The
FAA believes establishment of Area M would provide additional protected
airspace for arrival and departure operations into and out of the San
Francisco International Airport, enhance safety, and aid traffic
management in the separation of arrival and departure aircraft.
The coordinates for this airspace docket are based on North
American Datum 83. Class B airspace areas are published in Paragraph
3000 of FAA Order 7400.9F dated September 10, 1998, and effective
September 16, 1998, which is incorporated by reference in 14 CFR
section 71.1. The Class B airspace area listed in this document would
be published subsequently in the Order.
Regulatory Evaluation Summary
Changes to Federal Regulations must undergo several economic
analyses. First, Executive Order 12866 directs that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act requires agencies to analyze the
economic effect of regulatory changes on small businesses and other
small entities. Third, the Office of Management and Budget directs
agencies to assess the effect of regulatory changes on international
trade. In conducting these analyses, the FAA has determined that this
proposed rule: (1) would generate benefits that justify its negligible
costs and is not a ``significant regulatory action'' as defined in the
Executive Order; (2) is not significant as defined in the Department of
Transportation's Regulatory Policies and Procedures; (3) would not have
a significant impact on a substantial number of small entities; (4)
would not constitute a barrier to international trade; and (5) would
not contain any Federal intergovernmental or private sector mandate.
These analyses are summarized here in the preamble, and the full
Regulatory Evaluation is in the docket.
The FAA proposes to modify the San Francisco Class B airspace area
by raising the ceiling from 8,000 feet MSL to 10,000 feet MSL, by
extending the lateral boundaries of several existing areas, by
establishing several new areas, and by modifying base altitudes. This
action would increase the overall size of the Class B airspace area
thereby increasing the ability of ATC to manage and control air traffic
complexity in the San Francisco area. The FAA contends that this
proposal would improve operational efficiency and enhance aviation
safety in the proposed Class B airspace area. The proposed
modifications would also include clearer boundaries defining the Class
B airspace subareas.
The proposed rule would impose negligible costs on the FAA or
airspace users. Printing of aeronautical charts which reflect the
changes to the Class B airspace would be accomplished during a
scheduled chart printing, and would result in no additional costs for
plate modification and updating of charts. Notices would be sent to
pilots within a 100-mile radius of San Francisco International Airport
at a total cost of $200.00 for postage. No staffing changes would be
required to maintain the modified Class B airspace area.
The FAA contends that the proposed rule would not impose any
additional costs on general aviation aircraft operators. Since the
proposed San Francisco Class B airspace area would reside within the
existing Mode C Veil, no additional avionics equipment would be
required for an aircraft operating in the vicinity of the Class B
airspace area. Even with the establishment of new subareas and the
expansion of existing subareas, VFR aircraft operators should not have
difficulty circumnavigating the Class B airspace area. There is
adequate room for these aircraft users who elect to operate below the
floors of the San Francisco Class B airspace area.
In view of the negligible cost of compliance, enhanced safety, and
operational efficiency, the FAA has determined that the proposed rule
would be cost-beneficial.
Initial Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 establishes ``as a principle
of regulatory issuance that agencies shall endeavor, consistent with
the objective of the rule and of applicable statutes, to fit regulatory
and informational requirements to the scale of the business,
organizations, and governmental jurisdictions subject to regulation.''
To achieve that principal, the Act requires agencies to solicit and
consider flexible regulatory proposals and to explain the rational for
their actions. The Act covers a wide-range of small entities, including
small businesses, not-for-profit organizations and small governmental
jurisdictions.
Agencies must perform a review to determine whether a proposed or
final rule will have a significant economic impact on a substantial
number of small entities. If the determination is that it will, the
agency must prepare a regulatory flexibility analysis (RFA) as
described in the Act.
However, if an agency determines that a proposed or final rule is
not expected to have a significant economic impact on a substantial
number of small entities, section 605(b) of the 1980 act provides that
the head of the agency may so certify and an RFA is not required. The
certification must include a statement providing the factual basis
[[Page 9945]]
for this determination, and the reasoning should be clear.
The FAA has determined that the proposed rule would have a minimal
impact on small entities. This determination is based on the premise
that potentially impacted aircraft operators regularly fly into
airports where radar approach control services have been established
such as the San Francisco Class B airspace area. These operators
already have the required equipment, and, therefore, there would be no
additional cost to these entities. Accordingly, pursuant to the
Regulatory Flexibility Act, 5 U.S.C. 605(b), the Federal Aviation
Administration certifies that this rule would not have a significant
economic impact on a substantial number of small entities. The FAA
solicits comments from affected entities with respect to this finding
and determination.
International Trade Impact Assessment
The proposed rule would not constitute a barrier to international
trade, including the export of U.S. goods and services to foreign
countries or the import of foreign goods and services into the United
States.
Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (the Act),
enacted as Pub. L. 104-4 on March 22, 1995, requires each Federal
agency, to the extent permitted by law, to prepare a written assessment
of the effects of any Federal mandate in a proposed or final agency
rule that may result in the expenditure of $100 million or more (when
adjusted annually for inflation) in any one year by State, local, and
tribal governments in the aggregate, or by the private sector. Section
204(a) of the Act, 2 U.S.C. 1534(a), requires the Federal agency to
develop an effective process to permit timely input by elected officers
(or their designees) of State, local, and tribal governments on a
proposed ``significant intergovernmental mandate.'' A ``significant
intergovernmental mandate'' under the Act is any provision in a Federal
agency regulation that would impose an enforceable duty upon State,
local, and tribal governments in the aggregate of $100 million
(adjusted annually for inflation) in any one year. Section 203 of the
Act, 2 U.S.C. 1533, which supplements section 204(a), provides that,
before establishing any regulatory requirements that might
significantly or uniquely affect small governments, the agency shall
have developed a plan, which, among other things, must provide for
notice to potentially affected small governments, if any, and for a
meaningful and timely opportunity for these small governments to
provide input in the development of regulatory proposals.
This proposed rule does not contain any Federal intergovernmental
or private sector mandates. Therefore, the requirements of Title II of
the Unfunded Mandates Reform Act of 1995 do not apply.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:
PART 71-DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS
1. The authority citation for 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 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 3000--Subpart B--Class B Airspace
* * * * *
AWP CA B San Francisco, CA
San Francisco International (SFO) Airport (Primary Airport)
(lat. 37 deg.37'09'' N., long. 122 deg.22'30'' W.)
San Francisco (SFO) VOR/DME
(lat. 37 deg.37'10'' N., long. 122 deg.22'26'' W.)
Oakland (OAK) VORTAC
(lat. 37 deg.43'33'' N., long. 122 deg.13'25'' W.)
Boundaries
Area A. That airspace extending upward from the surface to and
including 10,000 feet MSL within a 7-mile radius arc of the SFO VOR/
DME extending clockwise from the SFO VOR/DME 247 deg. radial to the
SFO VOR/DME 127 deg. radial, excluding that airspace west of the
Pacific coast shoreline (Area K), and excluding that airspace within
a 3-mile radius of the OAK VORTAC, thence northwest along the
127 deg. radial to the 5 NM radius of the SFO VOR/DME, thence
clockwise along the 5 NM radius to the SFO VOR/DME 167 deg. radial,
thence southeast along the 167 deg. radial to the 6 NM radius of the
SFO VOR/DME, thence clockwise along the 6 NM radius to the SFO VOR/
DME 247 deg. radial, to the point of the beginning.
Area B. That airspace extending upward from 1,500 feet MSL to
and including 10,000 feet MSL beginning at the intersection of the
SFO VOR/DME 7 NM radius and the SFO VOR/DME 107 deg. radial, thence
clockwise along the 7 NM radius to the SFO VOR/DME 127 deg. radial,
thence northwest along the 127 deg. radial to the 5 NM radius of the
SFO VOR/DME, thence clockwise along the 5 NM radius to the SFO VOR/
DME 137 deg. radial, thence southeast along the 137 deg. radial to
the SFO VOR/DME 10 NM radius, thence counterclockwise along the 10
NM radius to the SFO VOR/DME 107 deg. radial, thence northwest along
the 107 deg. radial, to the point of the beginning.
Area C. That airspace extending upward from 2,500 feet MSL to
and including 10,000 feet MSL bounded by the SFO VOR/DME on the
northwest by the 10-mile radius arc, and on the southeast by a 15-
mile radius arc, on the northeast by the SFO VOR/DME 214 deg.
radial, and on the southwest by the SFO VOR/DME 154 deg. radial.
Area D. That airspace extending upward from 4,000 feet MSL to
and including 10,000 feet MSL bounded by a line beginning at the 5-
mile DME point and the intersection of the SFO VOR/DME 137 deg.
radial thence southeast along the 137 deg. radial to and
counterclockwise along a 15-mile DME arc of the SFO VOR/DME; to and
east along the SFO VOR/DME 107 deg. radial; to and clockwise along
the 20-mile radius DME arc of the SFO VOR/DME; to and northwest
along the SFO VOR/DME 167 deg. radial; to and counterclockwise along
the 15-mile radius DME arc of the SFO VOR/DME; to and northeast
along the SFO VOR/DME 247; to and counterclockwise along the SFO
VOR/DME 6-mile radius; to and northwest along the SFO VOR/DME
167 deg.; to and counterclockwise along the SFO VOR/DME 5-mile
radius to the point of beginning.
Area E. That airspace extending upward from 6,000 feet MSL to
and including 10,000 feet MSL bounded by a line beginning at the 5-
mile DME point on the SFO VOR/DME 167 deg. radial thence southeast
along the 167 deg. radial to and counterclockwise along the 20-mile
DME arc of the SFO VOR/DME to and east along the SFO VOR/DME
107 deg. radial to and clockwise along the 25-mile DME arc of the
SFO VOR/DME to and southwest along the SFO VOR/DME 227 deg., to and
northwest along the PYE VORTAC 178 deg. radial; to and east along
the SFO VOR/DME 277 deg. radial; to and counterclockwise along the
SFO VOR/DME 15-mile radius to the point of beginning.
Area F. That airspace extending upward from 2,100 feet MSL to
and including 10,000 feet MSL bounded by a line beginning at the 10-
mile DME point on the SFO VOR/DME 247 deg. radial thence clockwise
along the 10-mile DME arc to and west along the SFO VOR/DME 107 deg.
radial to and counterclockwise along the 7-mile DME arc of the SFO
VOR/DME to and clockwise along the 3-mile DME arc of the OAK VORTAC
to and counterclockwise along the 7-mile DME arc of the SFO VOR/DME
to and southwest along the SFO VOR/DME 247 deg. radial to the point
of beginning.
Area G. That airspace extending upward from 3,000 feet MSL to
and including 10,000
[[Page 9946]]
feet MSL bounded by a line beginning at the 10-mile DME point on the
SFO VOR/DME 247 deg. radial thence clockwise along the 10-mile DME
arc to and east along the SFO VOR/DME 107 deg. radial to and
counterclockwise along the 15-mile DME arc of the SFO VOR/DME; to
and northeast along the SFO VOR/DME 247 deg. radial to the point of
beginning.
Area H. That airspace extending upward from 4,000 feet MSL to
and including 10,000 feet MSL bounded by a line beginning at the SFO
VOR/DME 15-mile DME point on the SFO VOR/DME 067 deg. radial, thence
counterclockwise along the 15-mile DME arc of the SFO VOR/DME; to
and west along the SFO VOR/DME 277 deg. radial; to and clockwise
along the SFO VOR/DME 20-mile radius; to and southwest along the SFO
VOR/DME 067 deg. radial to the point of beginning.
Area I. That airspace extending upward from 6,000 feet MSL to
and including 10,000 feet MSL bounded by a line beginning at the SFO
VOR/DME 20-mile DME point on the SFO VOR/DME 067 deg. radial; thence
counterclockwise along the 20-mile DME arc of the SFO VOR/DME; to
and west along the SFO VOR/DME 277 deg. radial; to and clockwise
along the SFO VOR/DME 25-mile radius; to and southwest along the SFO
VOR/DME 067 deg. radial to the point of the beginning.
Area J. That airspace extending upward from 3,500 feet MSL to
and including 10,000 feet MSL bounded by a line beginning at the SFO
VOR/DME 15-mile DME point on the SFO VOR/DME 067 deg. radial; to and
clockwise along the 20-mile DME arc of the SFO VOR/DME; to and west
along the SFO VOR/DME 107 deg. radial; to and counterclockwise along
the SFO VOR/DME 15-mile radius; to the point of the beginning.
Area K. That airspace extending upward from 1,500 feet MSL to
and including 10,000 feet MSL bounded on the west by a 7-mile radius
arc of the SFO VOR/DME and on the east by the Pacific coast
shoreline.
Area L. That airspace extending upward from 5,000 feet MSL to
and including 10,000 feet MSL bounded by a line beginning at the SFO
VOR/DME 20-mile DME point on the SFO VOR/DME 067 deg. radial; to and
clockwise along the 25-mile DME arc of the SFO VOR/DME; to and west
along the SFO VOR/DME 107 deg. radial; to and counterclockwise along
the SFO VOR/DME 20-mile radius; to the point of the beginning.
Area M. That airspace extending upward from 8,000 feet MSL to
and including 10,000 feet MSL bounded by a line beginning at the SFO
VOR/DME 25-mile DME point on the SFO VOR/DME 067 deg. radial; to and
clockwise along the 30-mile DME arc of the SFO VOR/DME; to and
northeast along the SFO VOR/DME 227 deg. radial; to and
counterclockwise along the SFO VOR/DME 25-mile radius; to the point
of the beginning.
* * * * *
Issued in Washington, DC, on February 23, 1999.
Reginald C. Matthews,
Acting Program Director for Air Traffic Airspace Management.
Appendix--San Francisco Class B Airspace Area.
Note: This Appendix will not appear in the Code of Federal
Regulations.
BILLING CODE 4910-13-P
[[Page 9947]]
[GRAPHIC] [TIFF OMITTED] TP01MR99.000
[FR Doc. 99-4995 Filed 2-26-99; 8:45 am]
BILLING CODE 4910-13-C
