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

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

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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]

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