[Federal Register Volume 73, Number 187 (Thursday, September 25, 2008)]
[Rules and Regulations]
[Page 55438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22438]



[[Page 55438]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0211; Airspace Docket No. 08-AWP-3]


Establishment of Class D Airspace; San Bernardino International 
Airport, San Bernardino, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes Class D airspace at San Bernardino 
International Airport, San Bernardino, CA. The FAA is taking this 
action to provide controlled airspace for the safety of aircraft 
executing Standard Instrument Approach Procedures (SIAPs) and other 
Instrument Flight Rules (IFR) operations at San Bernardino 
International Airport. The configuration of this airspace has been 
modified to accommodate airspace design changes that would enhance the 
safety and efficiency of air traffic operations at San Bernardino 
International Airport and continue general aviation access to Redlands 
Municipal Airport 4.5 nautical miles to the east.

DATES: Effective Date: 0901 UTC, November 20, 2008. The director of the 
Federal Register approves this incorporation by reference action under 
Title 1, Code of Federal Regulations, part 51, subject to the annual 
revision of FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Larry Tonish, Operations Support 
Specialists, Federal Aviation Administration, Western Service Area, 
1601 Lind Avenue, SW., Renton, WA 98057; telephone (425) 203-4532.

SUPPLEMENTARY INFORMATION:

History

    On March 14, 2008, the FAA published a notice of proposed 
rulemaking in the Federal Register to establish Class D airspace at San 
Bernardino Airport, San Bernardino, CA, (73 FR 13811). On April 17, 
2008, the FAA published an extension to the comment period in the 
Federal Register (73 FR 20843). This rule is the result of the airport 
proprietor's intent to contract a non-federal Airport Traffic Control 
Tower (ATCT) at San Bernardino International Airport, which will meet 
criteria for Class D airspace, and is necessary for the safety of 
aircraft executing these SIAPs and IFR operations.
    There were 14 comments submitted regarding the proposed 
configuration of this Class D airspace. All of the comments referenced 
the cutout for the nearby Redlands Municipal Airport 4.5 nautical miles 
to the east. Several commenters recommended aligning the Redlands 
Municipal Airport cutout with visual landmarks. One commenter 
recommended the ceiling of the proposed San Bernardino Class D airspace 
be raised to accommodate terminal operations within the proposed Class 
D airspace.
    The FAA has considered the recommendations to the NPRM and found 
they have merit and would enhance the safety and efficiency of the 
proposed airspace. The San Bernardino Class D airspace is being 
modified in this final rule to exclude the airspace north of Highland 
Avenue and east of Church Street, which would provide greater access to 
Redlands Municipal Airport. The ceiling of the San Bernardino Class D 
airspace area is also being raised to 3,200 feet mean sea level (MSL).

The Rule

    This amendment to 14 CFR Part 71 establishes Class D airspace at 
San Bernardino International Airport, San Bernardino, CA. An ATCT is 
being established at San Bernardino International Airport, San 
Bernardino, CA, which will meet criteria for Class D airspace.
    Class D airspace areas are published in Paragraph 5000 of FAA Order 
7400.9R, dated August 15, 2007, and effective September 15, 2007, which 
is incorporated by reference in 14 CFR 71.1. The Class D airspace 
designations listed in this document would be published subsequently in 
the Order.
    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. 
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, when promulgated, will not have a significant 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart I, section 40103. The FAA is charged with 
prescribing regulations to assign the use of airspace necessary to 
ensure the safety of aircraft and the efficient use of airspace. This 
regulation is within the scope of that authority as it would provide 
for the safety of aircraft operations at San Bernardino International 
Airport.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
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.

0
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.


Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9R, Airspace Designations and 
Reporting Points, dated August 15, 2007, and effective September 15, 
2007, is amended as follows:

Paragraph 5000 Class D Airspace area.

* * * * *

AWP CA D San Bernardino, CA [New]

San Bernardino International Airport, San Bernardino, CA
    (Lat. 34[deg]05'43'' N., long. 117[deg]14'06'' W.)

    That airspace extending upward from the surface to and including 
3,200 feet MSL beginning at lat. 34[deg]08'09'' N., long. 
117[deg]18'40'' W.; to lat. 34[deg]08'09'' N., long. 117[deg]11'13'' 
W.; to lat. 34[deg]07'42'' N., long. 117[deg]10'26'' W.; to lat. 
34[deg]02'24'' N., long. 117[deg]10'26'' W.; thence via the 4.5 
nautical mile radius of the San Bernardino Airport clockwise to the 
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 dates and times will thereafter be 
continuously published in the Airport/Facility Directory.
* * * * *

    Issued in Seattle, Washington, on September 16, 2008.
Kevin Nolan,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. E8-22438 Filed 9-24-08; 8:45 am]
BILLING CODE 4910-13-P