[Federal Register Volume 63, Number 211 (Monday, November 2, 1998)]
[Rules and Regulations]
[Pages 58629-58630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29299]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98-AWP-22]


Establishment of Class E Airspace; Metropolitan Oakland 
International Airport, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action will establish a Class E airspace area consisting 
of airspace extending upward from the surface designated as an 
extension to the Class C surface area at Metropolitan Oakland 
International Airport, CA. The establishment of this E3 airspace is 
necessary in order to retain the existing instrument approach procedure 
known as the ILS RWY 27R at Metropolitan Oakland International Airport. 
Recent installation of new Runway Visual Range (RVR) equipment serving 
Runway 27R at Oakland has resulted in the need to revise the weather 
minimums for the ILS RWY 27R instrument approach procedure. In 
conjunction with revising those minimums, a modification to the 
protected airspace for the ILS RWY 27R is required in order to satisfy 
current terrain clearance specifications determined by Federal Aviation 
Administration Flight Standards Service to be essential for ensuring 
aviation safety.

EFFECTIVE DATE: 0901 UTC January 28, 1999. Comment date: Comments for 
inclusion in the Rules Docket must be received on or before December 2, 
1998.

ADDRESSES: Send comments on the direct final rule in triplicate to: 
Federal Aviation Administration, Attn: Manager, Airspace Branch, AWP-
520, Docket No. 98-AWP-22, Air Traffic Division, P.O. Box 92007, 
Worldway Postal Center, Los Angeles, California 90009.
    The official docket may be examined in the Office of the Assistant 
Chief Counsel, Western-Pacific Region, Federal Aviation Administration, 
Room 6007, 15000 Aviation Boulevard, Lawndale, California 90261.
    An informal docket may also be examined during normal business 
hours at the Office of the Manager, Airspace Branch, Air Traffic 
Division at the above address.

FOR FURTHER INFORMATION CONTACT: Jeri Carson, Air Traffic Division 
Airspace Specialist, AWP-520-11, Western-Pacific Region, Federal 
Aviation Administration, 15000 Aviation Boulevard, Lawndale, California 
90261, telephone (310) 725-6611.

SUPPLEMENTARY INFORMATION: 

The Director Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse 
or negative comment and therefore is issuing it as a direct final rule. 
Unless a written adverse or negative comment or a written notice of 
intent to submit an adverse or negative comment is received within the 
comment period, the regulation will become effective on the date 
specified above. After the close of the comment period, the FAA will 
publish a document in the Federal Register indicating that no adverse 
or negative comments were received and confirming the effective date of 
the final rule. If the FAA does receive, within the comment period, an 
adverse or negative comment, or written notice of intent to submit such 
a document withdrawing the direct final rule will be published in the 
Federal Register, and a notice of proposed rulemaking may be published 
with a new comment period.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by a notice of proposed rulemaking, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments, as they may desire. 
Communications should identify the Rule Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications

[[Page 58630]]

received on or before the closing date for comments will be considered, 
and this rule may be amended or withdrawn in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of 
this action and determining whether additional rulemaking action would 
be needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, an energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
action will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 98-AWP-22.'' The postcard will be date stamped and 
returned to the commenter.

Agency Findings

    The regulations adopted herein will not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rules does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that this regulation is noncontroversial and 
unlikely to result in adverse or negative comments. For the reasons 
discussed in the preamble, 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 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).

Adoption of the 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; 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; 14 CFR 11.69.


Sec. 71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9F, Airspace Designations and 
Reporting Points, dated September 10, 1998, and effective September 16, 
1998, is amended as follows:

Paragraph 6003  Class E Airspace Designated as an Extension

* * * * *

AWP CA E3  Oakland, CA [New]

Metropolitan Oakland International Airport, CA
    (Lat. 37 deg.43'17'', Long. 122 deg.13'15''W)

    That airspace extending upward from the surface within 2.7 miles 
each side of the 095 deg. bearing from Metropolitan Oakland 
International Airport extending from the 5-mile radius of the 
airport to 8.5 miles east of the airport, excluding that airspace 
within the hayward, CA Class D airspace area when it is effective.
* * * * *
    Issued in Los Angeles, California, on October 19, 1998.
Dawna J. Vicars,
Acting Manager, Air Traffic Division, Western-Pacific Region.
[FR Doc. 98-29299 Filed 10-30-98; 8:45 am]
BILLING CODE 4910-13-M