[Federal Register Volume 62, Number 167 (Thursday, August 28, 1997)]
[Rules and Regulations]
[Pages 45526-45529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22972]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Airspace Docket No. 93-AWA-16]
RIN 2120-AA66
Modification of Class D Airspace South of Abbotsford, British
Columbia (BC), on the United States Side of the U.S./Canadian Border,
and the Establishment of a Class C Airspace Area in the Vicinity of
Point Roberts, Washington (WA)
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action establishes a Class C airspace area in the United
States (U.S.), southeast of Vancouver, BC, in the vicinity of Point
Roberts, WA. The Vancouver Class C airspace area will have a ceiling of
12,500 feet Mean Sea Level (MSL), and a floor of 2,500 feet MSL. In
addition, this action extends the existing Abbotsford, BC, Class D
airspace area west into airspace which is currently Class E airspace,
and lowers the ceiling of the Class D airspace area from 3,000 to 2,500
feet MSL in U.S. airspace. The FAA is taking these actions pursuant to
a proposal by Transport Canada, and to assist Transport Canada in its
efforts to reduce the risk of midair collision, enhance safety, and
improve air traffic flows within the Vancouver and Abbotsford, BC,
International Airport areas.
EFFECTIVE DATE: 0901 UTC, November 6, 1997.
FOR FURTHER INFORMATION CONTACT: Ken McElroy, 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:
Background
In July 1994, Transport Canada proposed to extend the Vancouver,
BC, Class C airspace area across the United States/Canadian border into
U.S. airspace in the vicinity of the San Juan Islands and Bellingham,
WA. As proposed, the Class C airspace area would have extended from
Abbotsford Airport, across Bellingham Airport, to a point south of San
Juan Island. Transport Canada's proposal was part of its overall
airspace plan for the Vancouver area, centering around efforts to
mitigate near mid-air collision potential between instrument flight
rule (IFR) and unknown visual flight rule (VFR) aircraft in U.S.
airspace where Canada provides air traffic services.
Class C airspace consists of controlled airspace extending upward
from the surface or higher to specified altitudes within which all
aircraft are subject to the operating rules and equipment requirements
specified in Federal Aviation Regulations. Two-way radio communication
must be established with the air traffic control (ATC) facility
providing ATC services prior to entry and thereafter maintained while
operating within Class C airspace. The standard Class C airspace area
consists of that airspace within 5 Nautical Miles (NM) of the primary
airport, extending from the surface to an altitude of 4,000 feet above
that airport's elevation, and that airspace between 5 and 10 NM from
the primary airport from 1,200 feet above the surface to an altitude of
4,000 feet above that airport's elevation. Proposed deviations from
this standard have been necessary at some airports because of adjacent
regulatory airspace, international boundaries, topography, or unusual
operational requirements.
The Class C airspace area proposed by Transport Canada differed
from most other Class C airspace areas in that it was to an extension
of a foreign Class C airspace area serving a primary airport outside
the U.S.; standard U.S. Class C airspace configurations and dimensions
were therefore unsuitable.
Transport Canada's proposal also included a proposal to extend the
western boundary of the Abbotsford, BC, Class D airspace area
approximately 7 nautical miles (NM) west of its present location, and
to lower the ceiling of the Class D airspace from 3,000 feet MSL to
2,500 feet MSL.
Class D airspace is, generally, that airspace from the surface to
2,500 feet above the airport elevation (charted in MSL) surrounding
those airports that have an operational control tower. The
configuration of each Class D airspace area is individually tailored
and the airspace will normally be designed to contain any published
instrument approach procedures. Two-way radio communication must be
established with the ATC facility providing ATC services prior to entry
and thereafter maintained while operating in the Class D airspace.
The Vancouver and Abbotsford Airports are both international and
public-use airports located in Canada. Passenger enplanements reported
at Vancouver in 1995 were 312,000, up from 301,000 in 1994. This volume
of passenger enplanements and aircraft operations meets the FAA
criteria for establishing a Class C airspace area to enhance safety.
Public Meetings
As announced in the Federal Register on March 22, 1995 (60 FR
15172), two pre-NPRM airspace meetings were held on May 9-10, 1995, in
Friday Harbor and Bellingham, WA. The purpose of these meetings was to
provide local airspace users with an opportunity to present input on
the Transport Canada proposal prior to initiating any regulatory
action. In the ensuing comment period, which closed on July 10, 1995,
over 300 comments were received in overwhelming opposition to the
proposal. The majority of the opposition centered around the
significant amount of airspace affected by the original proposal. The
original proposal would have required the reclassification of airspace
in five contiguous areas from Abbotsford Airport, across Bellingham
Airport, to a point south of San Juan Island. Subsequent meetings were
held between
[[Page 45527]]
Transport Canada, FAA, and general aviation (GA) groups in an effort to
address the public's concerns. These meetings resulted in an agreement
to revise Transport Canada's July 1994 proposal. Of the original five
airspace areas, only three would be recommended for inclusion in the
revised proposal. This revision significantly reduced the amount of
Class C airspace required.
On April 5, 1996, the FAA published a notice of public meeting (61
FR 15331) to announce another informal airspace meeting, which was held
on May 6, 1996, in Friday Harbor, WA. This meeting provided local
airspace users with an opportunity to present input on the revised
proposal for the design of the Vancouver and Abbotsford, BC, Class C
and D airspace areas.
On March 18, 1997, the FAA published an NPRM (62 FR 12892)
proposing to designate a Class C airspace area in the vicinity of Point
Roberts, WA, and to extend the Class D airspace area at Abbotsford, BC,
on the United States side of the U.S./Canadian border. Interested
parties were invited to participate in this rulemaking proceeding by
submitting comments on the proposal to the FAA. The comment period
closed May 2, 1997. The FAA received one comment in support of the
proposal and no comments objecting to the proposal.
The Rule
This amendment to part 71 of the Federal Aviation Regulations (14
CFR part 71) establishes the Vancouver Class C airspace area in the
vicinity of Point Roberts, WA, and modifies the existing Class D
airspace at Abbotsford, BC. The Class C airspace designation applies to
an area lying within U.S. airspace along the U.S./Canadian border. This
action addresses only that airspace contained within the U.S.
Implementation of the Class C airspace area and the modification of the
Class D airspace area will promote the efficient control of air traffic
and reduce the risk of midair collision in the terminal area.
The effective date for this final rule does not correspond with a
scheduled publication date for the appropriate aeronautical chart for
this area. The Vancouver Class C airspace area and the modifications to
the Abbotsford Class D airspace area will, therefore, be published on
the Seattle Sectional Aeronautical Chart effective January 1, 1998. In
the interim, the FAA will disseminate the information contained in this
final rule in the notices to Airmen publication, and will publish a
special notice in the Airport/Facility Directory. Additionally, the
FAA's Northwest Mountain Regional Office will distribute Letters to
Airmen that will advertise the implementation of this final rule.
The coordinates in this document are based on North American Datum
83. Class C and Class D airspace designations are published in
paragraphs 4000 and 5000, respectively, of FAA Order 7400.9D, dated
September 4, 1996, and effective September 16, 1996, which is
incorporated by reference in 14 CFR 71.1. The Class C and Class D
airspace areas listed in this document will be published subsequently
in the Order.
Regulatory Evaluation Summary
Proposed and final rule 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 of 1980
requires agencies to analyze the economic effect of regulatory changes
on 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
Final Rule: (1) Will generate benefits that justify its minimal costs
and is not ``a significant regulatory action'' as defined in the
Executive Order; (2) is not significant as defined in Department of
Transportation's Regulatory Policies and Procedures; (3) will not have
a significant impact on a substantial number of small entities; (4)
will not constitute a barrier to international trade; and (5) will not
contain any Federal intergovernmental or private sector mandate, and
that the requirements of Title II of the Unfunded Mandates Reform Act
of 1995 do not apply. These analyses are summarized here in the
preamble and the full Regulatory Evaluation is in the docket.
Cost-Benefits Analysis
The FAA has determined that the establishment of a Class C airspace
area in the vicinity of Point Roberts, WA, and Vancouver, BC, and a
modification of the Class D airspace area south of Abbotsford, BC, will
result in minimal, if any, cost to either the agency or aircraft
operators. The FAA has determined, in conjunction with Transport
Canada, that the establishment of Class C and modification of Class D
airspace will promote the efficient control of air traffic and reduce
the risk of midair collision in the terminal area.
Upon implementation of this rule, pursuant to a letter of agreement
between the Nav-Canada and FAA, Nav-Canada will provide a traffic
control services, such as traffic advisories, and separation and
sequencing services, to aircraft operating within the Vancouver Class C
and Abbotsford Class D airspace areas.
The FAA, in supporting Transport Canada, has determined that the
establishment of Class C and modification of Class D airspace areas in
the vicinity of Point Roberts, WA, Vancouver, and Abbotsford, BC, will
impose minimal, if any, cost to either aircraft operators or the FAA.
Those potential cost components (navigational equipment for aircraft
operators and operations support equipment for the FAA, including
additional cost for air traffic controllers) that could be imposed by
the rule are discussed as follows:
Establishment of Class C Airspace
Aircraft operators will incur minimal, if any, costs from
compliance with the final rule. This assessment is based on the most
recent General Aviation and Avionics Survey Report. The report
indicates an estimated 82 percent of all GA aircraft operators are
already equipped with the necessary equipment required to operate in a
Class C airspace area (i.e., two-way radios and Mode C transponders).
Further, the FAA has determined there will be insignificant cost to GA
operators who utilize circumnavigation procedures to avoid the Class C
and Class D airspace area, or who fly beneath the 2,500 feet MSL floor.
Therefore, the FAA has determined that the final rule will impose
minimal, if any, additional cost impact on circumnavigating operators.
Establishment of Class D Airspace
Aircraft operators will incur minimal, if any, costs from
compliance with the rule. This assessment is based on the most recent
General Aviation and Avionics Survey Report. The report indicates an
estimated 85 percent of all GA aircraft operators are already equipped
with the necessary equipment to operate in a Class D airspace area
(i.e., two-way radios). The FAA has determined that nonparticipating
operators will be able to circumnavigate the Class D airspace area by
altering their current flight paths between 2 and 7 NM to avoid the
newly designated airspace. Therefore, the FAA has determined that the
final rule will impose minimal, if any, costs onto nonparticipating
aircraft operators.
[[Page 45528]]
A letter of agreement between the FAA and Transport Canada was
signed on May 1, 1995, which establishes standard procedures for
coordinating air traffic operations between Seattle Air Route Traffic
Control Center and Vancouver Air Control Centre. The Letter of
Agreement establishes the ATC responsibilities for each of the centers.
The U.S. has relinquished control of the Class C and Class D airspace
areas to Canada. Canadian ATC currently provides radar service for the
additional 10 NM radar area that the final rule will establish. In
addition, NAV-Canada already provides VFR Advisory Service for the
Class D airspace area.
The FAA will not incur any additional charting or pilot education
expenses as a result of the modifications incurred from the final rule.
The FAA currently revises sectional charts every six months. Changes of
these types are required and made routinely to depict Class C and Class
D airspace areas during these cycles, and are considered an ordinary
operating cost. Further, pilots will not incur any additional costs
obtaining current charts depicting Class C and Class D airspace areas
because they use only the most current charts.
In order to advise the public of changes to airspace areas, the FAA
holds informal public meetings at each location where Class C
establishments or modifications are proposed. These meetings provide
pilots with the best opportunity to learn about Class C airspace
operating procedures in the areas. The routine expenses associated with
these public meetings are incurred regardless of whether Class C is
ultimately established. If either of the airspace changes occur, the
FAA will distribute a Letter to Airmen to all pilots residing within 50
miles of the Class C airspace site which will explain modifications to
aircraft operation and airspace configuration. In addition, FAA
district offices conduct aviation safety seminars on a regular basis.
These seminars are provided by the FAA to discuss a variety of aviation
safety issues, including Class C airspace areas. The one-time incurred
cost of the Letter to Airmen will be $550 (1996 dollars). This one-time
negligible cost will be incurred upon the establishment of the Class C
airspace.
In view of the benefits of enhanced aviation safety, operational
efficiency, and the minimal, if any, cost of compliance, the FAA has
determined that the final rule will be cost-beneficial.
Final Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) was enacted by
Congress to ensure that small entities are not unnecessarily and
disproportionately burdened by Federal regulations. The RFA requires a
Regulatory Flexibility Analysis if a final rule will have ``significant
economic impact on a substantial number of small entities.'' FAA Order
2100.14A outlines the FAA's procedures and criteria for implementing
the RFA.
The small entities that potentially may incur minimal, if any, cost
with the implementation of this rule are operators of aircraft which do
not meet Class C or Class D navigational equipment standards. The small
entities potentially impacted by the rule (primarily parts 121 and 135
aircraft without two-way radios and Mode C transponders) will not incur
any additional cost for navigational equipment because they routinely
fly into airspace where those requirements are already in place. As the
result of the previously implemented ``Mode C rule,'' all of these
commercial operators are assumed to have Mode C transponders.
Therefore, the FAA has determined that the final rule will not have a
significant economic impact on a substantial number of small entities.
In view of the enhancement to aviation safety, and operational
efficiency, and the minimal cost of compliance, the FAA has determined
that this rule will be cost-beneficial.
International Trade Impact Assessment
This final rule will not constitute a barrier to international
trade, including the export of American goods and services to foreign
countries and the import of foreign goods and services into the United
States. This assessment is based on the fact that the rule will not
impose costs on aircraft operators or aircraft manufacturers (U.S. or
foreign).
Unfunded Mandate 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
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 final
``significant intergovernmental mandate.'' A ``significant
intergovernmental mandate'' under the Act is any provision in a Federal
agency regulation that will 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 that, among other things, provides for notice to
potentially affected small governments, if any, and for a meaningful
and timely opportunity to provide input in the development of
regulatory proposals.
This final rule does not contain any Federal intergovernmental or
private sector mandate. 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).
Adoption of Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 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 7400.9D, Airspace Designations and
Reporting Points, dated September 4, 1996, and effective September 16,
1996, is amended as follows:
Paragraph 4000--Subpart C--Class C Airspace
* * * * *
ANM BC C Vancouver, BC [New]
Vancouver International Airport, BC, Canada
(Lat. 49 deg.11'38''N, long. 123 deg.11'04''W)
Vancouver VORTAC
(Lat. 49 deg.04'38''N, long. 123 deg.08'57''W)
[[Page 45529]]
That airspace extending upward from 2,500 feet MSL to and
including 12,500 feet MSL beginning at lat. 49 deg.00'00''N, long.
123 deg.19'20''W; thence east along the U.S./Canadian boundary to
lat. 49 deg.00'05''N, 122 deg.33'50''W; thence south to lat.
48 deg.57'59''N, long. 122 deg.33'50''W; thence west to lat.
48 deg.57'59''N, long. 122 deg.47'12''W; thence southwestward via a
16 NM arc of the Vancouver VORTAC to lat. 48 deg.49'52''N, long.
123 deg.00'31''W; thence northwest along the U.S./Canadian boundary
to the point of beginning, excluding the airspace overlying the
territory of Canada.
* * * * *
Paragraph 5000--Subpart D--Class D Airspace
* * * * *
ANM BC D Abbotsford, BC [Revised]
Abbotsford Airport, BC, Canada
(Lat. 49 deg.01'31''N, long. 122 deg.21'48''W)
Vancouver VORTAC
(Lat. 49 deg.04'38''N, long. 123 deg.08'57''W)
That airspace extending upward from the surface to 2,500 feet
MSL beginning at lat. 48 deg.57'59''N, long. 122 deg.18'57''W,
thence counterclockwise along the 4-mile radius of the Abbotsford
Airport to lat. 49 deg.00'05''N, 122 deg.16'08''W; thence west along
the US-Canadian border to lat. 49 deg.00'05''N, long.
122 deg.45'58''W, thence clockwise along the 16-mile ARC of the
Vancouver VORTAC, to lat. 48 deg.57'59''N, long. 122 deg.47'12''W;
thence east along lat. 48 deg.57'59''N to the point of beginning;
excluding the airspace within the Vancouver, BC, Class C airspace
and the airspace west of long. 122 deg.33'50''W below 1,500 feet
MSL, and the airspace overlying the territory of Canada.
* * * * *
Issued in Washington, DC, on August 20, 1997.
Reginald C. Matthews,
Acting Program Director for Air Traffic Airspace Management.
[FR Doc. 97-22972 Filed 8-27-97; 8:45 am]
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