[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

[[Page 9943]]

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

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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

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[GRAPHIC] [TIFF OMITTED] TP01MR99.000



[FR Doc. 99-4995 Filed 2-26-99; 8:45 am]
BILLING CODE 4910-13-C