[Federal Register Volume 61, Number 79 (Tuesday, April 23, 1996)]
[Rules and Regulations]
[Pages 17826-17828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9992]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71

[Airspace Docket No. 95-ANM-19]


Establishment of Class D Airspace; Vancouver, Washington

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class D airspace at Pearson Field, 
Vancouver, Washington. This action is necessary to

[[Page 17827]]

enhance safety within the area which was previously excluded from the 
Portland International Airport (PDX) Class C airspace and commonly 
referred to as the Pearson Cutout. A minor change is also being made to 
the airport name, formerly called Pearson Airpark, and to the 
geographic coordinates of Pearson Field, Vancouver, Washington.

EFFECTIVE DATE: June 20, 1996.

FOR FURTHER INFORMATION CONTACT:
James C. Frala, Operations Branch, ANM-532.4, Federal Aviation 
Administration, Docket No. 95-ANM-19, 1601 Lind Avenue SW., Renton, 
Washington 98055-4056; telephone number: (206) 227-2535.

SUPPLEMENTARY INFORMATION: 

History

    On November 9, 1995, the FAA proposed to amend part 71 of the 
Federal Aviation Regulations (14 CFR part 71) to establish Class D 
airspace at Pearson Field, Vancouver, Washington (60 FR 56539). This 
proposal was the product of an airspace and procedural review of new 
instrument approach procedures to PDX and an analysis of the Pearson 
Field/Portland International utilization of airspace west of PDX. This 
rule was proposed to minimize potential conflicts and mitigate wake 
turbulence concerns. The proposed establishment of Class D airspace at 
Pearson Field requires pilots operating in the airspace to be in 
communication with the controlling Air traffic facility so that traffic 
information and wake turbulence advisories can be issued. Interested 
parties were invited to participate in the rulemaking proceeding by 
submitting written comments on the proposal. This action is the same as 
the proposal except the airport name and coordinates have been changed 
in this document to reflect information published in the National 
Flight Data Digest Number 226, dated November 24, 1995. Additionally, a 
change is made to reflect the dates and times the Class D airspace area 
is effective.

Discussion of Comments

    A total of 17 individuals submitted written comments to FR Doc. 95-
27830, Notice of Proposed Rulemaking (NPRM) 95-ANM-19. Additionally, 
verbal comments were expressed by some of the approximately 350 persons 
attending informal aviation gatherings. The FAA considered these 
comments in the adoption of this rule. Comments submitted on NPRM 95-
ANM-19 reflect the views of a broad spectrum of the aviation public 
including individuals and organizations representing commercial and 
general aviation pilots. Organizations that commented include Air Line 
Pilots Association (ALPA); Delta Air Lines, Inc.; Port of Portland; 
Experimental Aircraft Association; The City of Vancouver, Washington; 
Clark County Airport Owners and Managers Association; and the 
Washington Pilots Association.
    Of the 17 who submitted written comments to the docket, 6 
commenters supported and 11 commenters opposed the establishment of 
Class D airspace. Of the 6 supporting comments, 5 commenters agreed 
that this action would promote safety for users at both PDX and Pearson 
Field.
    One commenter (ALPA) would support the establishment of Class D 
airspace if additional restrictions, such as requiring an operating 
transponder, segregating Pearson Field traffic from PDX traffic, and 
lowering the Pearson Field traffic pattern altitude to 700 feet mean 
sea level, were included in the proposed action. These suggested 
restrictions were evaluated and determined to be excessive and not 
necessary for safety. Lowering the Pearson Field pattern altitude to 
700 feet would place pilots in closer proximity to terrain and to 
people and property on the ground. This option was rejected because it 
contradicts the purpose of the rule which is to enhance safety.
    Of the 11 commenters opposing the rule, one commenter felt that the 
proposed action was an attempt to close Pearson Field. The FAA did not 
consider closing Pearson Field as an option. Rather, the FAA is 
committed to mitigating airspace management issues when airports are in 
close proximity to each other. The purpose of this rulemaking is to 
allow Pearson Field to continue to operate safely in close proximity to 
its larger neighbor. Three commenters felt that the proposed action 
would introduce jet traffic to a new route over Pearson Field and in 
close proximity to downtown Vancouver, Washington. Four commenters 
expressed concern for increased jet noise. The establishment of Class D 
airspace introduces a communication requirement only. No new jet routes 
will result from this action and this airspace action does not alter 
existing flight tracks. Jet noise will not be altered by this rule. Two 
commenters suggested that the approaches to PDX should be offset to the 
south to avoid conflicts in traffic flows. This option is not viable 
for two reasons. First, the rising terrain and obstructions southwest 
of the airport create serious safety obstacles to safe instrument 
approaches. Second, if it was feasible to offset the approaches to the 
south, the approach minimums would be very high due to the terrain and 
the fact that the approach would not be aligned with the runway. As a 
result, offsetting the approaches would have an adverse effect on 
airport capacity. Three commenters expressed concerns for wake 
turbulence generated by aircraft landing and departing PDX. The FAA 
shares these concerns as demonstrated by this rule that is intended to 
facilitate the transfer of wake turbulence information to Pearson Field 
users. In addition to the traffic and wake turbulence advisories 
resulting from this rule, the FAA has agreed to assist in presentation 
of wake turbulence training for Pearson Field operators and to publish 
cautionary advisories where appropriate.
    Two commenters were opposed to the action due to the additional 
cockpit workload of radio communications and the financial burden of 
acquiring a radio. The FAA recognizes that the requirement for radio 
communications will have some impact on users at Pearson Field, 
particularly those who do not have radio-equipped aircraft. However, 
due to the proximity of the two airports and the need to minimize 
potential conflicts and mitigate wake turbulence concerns, some 
airspace safety change is necessary. Prior to this rulemaking, FAA Air 
Traffic and Flight Standards personnel met with customer 
representatives for Pearson Field and PDX to seek solutions and 
minimize impacts on users at the airports. It was generally agreed that 
establishing Class D airspace at Pearson Field would satisfy safety 
concerns while imposing the least restrictions on users. Furthermore, 
the FAA and Pearson pilots are developing procedures for no-radio 
aircraft operations at Pearson Field.
    The Clark County Airport Owners and Managers Association objects to 
this proposed action suggesting it violates their constitutional 
rights. They claim Grandfather Rights to the airspace in and around 
their airports because those airports were in existence many years 
prior to PDX. Title 49 United States Code, section 40103 charges the 
FAA with the responsibility to regulate the use of airspace for 
efficiency and safety. As mentioned previously, the purpose of this 
rule is to preserve safe operations at Pearson. This rule does not 
address the operation of PDX or the effects of that airport's 
operations on surrounding airports other than Pearson.
    One commenter provided comments that were unrelated to the 
proposal.
    During the comment period, verbal responses relating to this 
proposed airspace action were heard at several

[[Page 17828]]

aviation gatherings. Instructions and the appropriate address for 
submitting written comments were disseminated to the approximately 360 
pilots at those gatherings who expressed an interest in this 
rulemaking. Verbal comments from those gatherings were noted. In 
general, most pilots of aircraft equipped with electrical systems 
expressed agreement with the rule. There was a suggestion that a 
control tower may be necessary at Pearson. However, others felt a 
control tower was neither needed nor wanted. In fact, the activity 
level at Pearson does not approach the level established by the FAA to 
support a control tower. Some expressed concern that traffic at Pearson 
would be delayed for PDX traffic either by denying access to the Class 
D airspace for aircraft arriving at Pearson, or by requiring aircraft 
departing Pearson Field to hold on the ground until separation from PDX 
traffic could be achieved. Separation services are not provided for 
aircraft operating under visual flight rules in Class D airspace. Air 
Traffic will not be controlling the flow of aircraft arriving at or 
departing from Pearson.

The Rule

    This amendment to part 71 of Federal Aviation Regulations 
establishes Class D airspace at Pearson Field, Vancouver, Washington. 
The FAA has determined that this regulation only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
It, therefore, (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).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 14 CFR part 71 as follows:

PART 71--[AMENDED]

    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 7400.9C, Airspace Designations and 
Reporting Points, dated August 17, 1995, and effective September 16, 
1995, is amended as follows:

Paragraph 5000  Class D Airspace

* * * * *
ANM WA D Vancouver, WA
Vancouver, Pearson Field, WA
    (lat. 45 deg.37'14''N, long. 122 deg.39'23''W)
Portland International Airport, OR
    (lat. 45 deg.35'19''N, long 122 deg.35'51''W)

    That airspace extending upward from the surface to but not 
including 1,100 feet MSL in an area bounded by a line beginning at 
the point where the 019 deg. bearing from Pearson Field intersects 
the 5-mile arc from Portland International Airport extending 
southeast to a point 1\1/2\ miles east of Pearson Field on the 
extended centerline of Runway 8/26, and thence south to the north 
shore of the Columbia River, thence west via the north shore of the 
Columbia River to the 5-mile arc from Portland International Airport 
and thence clockwise via the 5-mile arc to point of beginning. This 
Class D airspace area is effective during the specific dates and 
times established in advance by a Notice to Airmen. The effective 
date and time will thereafter be continuously published in the 
Airport/Facility Directory.
* * * * *
    Issued in Seattle, Washington, on April 8, 1996.
Richard E. Prang,
Acting Assistant Manager, Air Traffic Division, Northwest Mountain 
Region.
[FR Doc. 96-9992 Filed 4-22-96; 8:45 am]
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