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)

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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