Proposed Revocation of the Sacramento McClellan Air Force Base (AFB) Class C Airspace Area, Establishment of the Sacramento McClellan AFB Class E Surface Area; and Modification of the Sacramento International Airport Class C Airspace Area; CA

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 99-AWA-3]

RIN: 2120-AA66

Proposed Revocation of the Sacramento McClellan Air Force Base

(AFB) Class C Airspace Area, Establishment of the Sacramento McClellan

AFB Class E Surface Area; and Modification of the Sacramento

International Airport Class C Airspace Area; CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to revoke the Sacramento McClellan AFB,

CA, Class C airspace area, establish a Class E surface area at

Sacramento McClellan AFB, and modify the Sacramento International

Airport, CA, Class C airspace area. Specifically, the FAA is proposing

to revoke the Sacramento McClellan AFB Class C airspace area due to a

reduction in the number of air traffic operations at McClellan AFB. The

FAA also proposes to establish a Class E surface area that would

replace the existing Class C airspace and provide controlled airspace

for the protection of instrument approach operations to McClellan AFB.

In addition, this notice proposes to modify the Sacramento

International Airport Class C airspace area to provide additional

airspace for the management of aircraft operations to and from the

Sacramento International Airport. The FAA is proposing these changes to

enhance safety, reduce the risk of midair collision, and improve the

management of air traffic operations in the Sacramento terminal

airspace area.

DATEs: Comments must be received on or before January 17, 2000.

ADDRESSES: Send comments on the proposal in triplicate to the FAA,

Office of Chief Counsel, Attention: Rules Docket, AGC-200, Airspace

Docket No. 99-AWA-3, 800 Independence Avenue, SW., Room 915,

Washington, DC 20591. The official docket may be examined in the Rules

Docket, Office of the Chief Counsel, Room 915, weekdays, except Federal

holidays, between 8:30 a.m. and 5 p.m.

An informal docket may also be examined during normal business

hours at the FAA Western-Pacific Regional Office, AWP-500, 1500

Aviation Boulevard, Lawndale, CA 90261.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules

Division, ATA-400, Office of Air Traffic Airspace Management, FAA, 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 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 99-AWA-

3.'' 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 be filed in the

docket.

Availability of NPRM's

Any person may obtain a copy of this NPRM by submitting a request

to the FAA, Office of Air Traffic Airspace Management, Attention:

Airspace and Rules Division, ATA-400, 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 contact the FAA,

Office of Rulemaking, (202) 267-9677, to request a copy of Advisory

Circular No. 11-2A, which describes the application procedure.

Related Rulemaking

On December 17, 1991, the FAA published the Airspace

Reclassification Final Rule (56 FR 65638). This rule, in part,

discontinued the use of the term ``Airport Radar Service Area (ARSA)''

and replaced it with the designation ``Class C airspace area.'' This

change in terminology is reflected in the remainder of this NPRM.

History

On April 22, l982, the National Airspace Review (NAR) plan was

published in the Federal Register (47 FR 17448). The plan encompassed a

review of airspace use and procedural aspects of the Air Traffic

Control (ATC) system. Among the main objectives of the NAR was the

improvement of the ATC system by increasing efficiency and reducing

complexity. In its review of terminal airspace, NAR Task Group 1-2

concluded that Terminal Radar Service Areas (TRSA's) should be

replaced. Four types of airspace configurations were considered as

replacement candidates, and Model B, the ARSA configuration, was

recommended by a consensus of the task group.

The FAA published NAR Recommendation 1-2.2.1, ``Replace Terminal

Radar Service Areas with Model B Airspace and Service'' in Notice 83-9

(48 FR 34286; July 28, 1983) proposing the establishment of ARSA's at

the Robert Mueller Municipal Airport, Austin, TX, and the Port of

Columbus International Airport, Columbus, OH. ARSA's were designated at

these airports on a temporary basis by

[[Page 67526]]

SFAR No. 45 (48 FR 50038; October 28, 1983) to provide an operational

confirmation of the ARSA concept for potential application on a

national basis.

Following a confirmation period of more than a year, the FAA

adopted the NAR recommendation and, on March 6, 1985, the FAA published

a final rule in the Federal Register (50 FR 9252) that defines Class C

airspace, and prescribes operating rules for aircraft, ultralight

vehicles, and parachute jump operations in Class C airspace areas. The

final rule provides, in part, that all aircraft arriving at any airport

in Class C airspace or flying through Class C airspace must: (1) Prior

to entering the Class C airspace, establish two-way radio

communications with the ATC facility having jurisdiction over the area;

and (2) While in Class C airspace, maintain two-way radio

communications with that ATC facility. For aircraft departing from the

primary airport within Class C airspace, or a satellite airport with an

operating control tower, two-way radio communications must be

established and maintained with the control tower and thereafter as

instructed by ATC while operating in Class C airspace. For aircraft

departing a satellite airport without an operating control tower and

within Class C airspace, two-way radio communications must be

established with the ATC facility having jurisdiction over the area as

soon as practicable after takeoff and thereafter maintained while

operating within the Class C airspace area.

Concurrently, on March 6, 1985, by separate rulemaking action,

ARSA's were permanently established at the Austin, TX, Columbus, OH,

and the Baltimore/Washington International Airports (50 FR 9250). The

FAA stated that future notices would propose ARSA's for other airports

at which TRSA procedures were in effect.

Additionally, the NAR Task Group recommended that the FAA develop

quantitative criteria for proposing to establish ARSA's at locations

other than those which were included in the TRSA replacement program.

The task group recommended that these criteria include, among other

things, traffic mix, flow and density, airport configuration,

geographical features, collision risk assessment, and ATC capabilities

to provide service to users. These criteria have been developed and are

being published via the directives system (Order 7400.2, Procedures for

Handling Airspace Matters.

The NAR Task Group also recommended that each ARSA be of the same

airspace configuration insofar as is practicable. The FAA adopted this

recommendation. The standard ARSA consists of airspace within 5

nautical miles (NM) of the primary airport, extending from the surface

to an altitude of 4,000 feet above airport elevation (AAE), and that

airspace between 5 and 10 NM from the primary airport from 1,200 feet

above ground level to an altitude of 4,000 feet AEE. Proposed

deviations from this standard have been necessary at some airports

because of adjacent regulatory airspace, international boundaries,

topography, or unusual operational requirements.

Pre-NPRM Public Input

As announced in the Federal Register on October 13, 1998 (63 FR

54637) a pre-NPRM meeting was held on November 17, 1998, at Sacramento

McClellan AFB, CA. The purpose of this meeting was to provide airspace

users with an opportunity to present input on the FAA's planned

modification to the Sacramento, CA, terminal airspace area. Those

attending the meeting expressed general support for the planned

modification. In the ensuing comment period, which closed on December

31, 1998, the FAA received no comments, either verbal or written, that

objected to or opposed the proposed action.

The Proposal

The FAA is proposing to amend part 71 of the Code of Federal

Regulations (14 CFR part 71) to revoke the Sacramento McClellan AFB

Class C airspace area and establish a Class E surface area at

Sacramento McClellan AFB. The FAA is proposing this action because the

number of air traffic operations at McClellan AFB have decreased

significantly as a result of the permanent closure of the airport

traffic control tower (ATCT). The United States Air Force closed

McClellan AFB tower on October 1, 1998 as part of its Base Realignment

and Closing process. McClellan AFB is scheduled to be completely closed

July 2001. Recent air traffic statistics clearly show that air traffic

operations into McClellan AFB do not justify retention of the Class C

airspace designation. These remaining operations are expected to

further decline with the complete closure of McClellan. Thus, the FAA

is proposing to replace the Sacramento McClellan AFB Class C airspace

area with a Class E surface area to provide controlled airspace for the

protection of instrument approach operations to McClellan AFB.

This notice also proposes to modify the current Sacramento

International Airport Class C airspace area by expanding its eastern

boundary. This proposed modification would ensure that the airspace

overlying the Rio Linda airport, located in the revoked McClellan AFB

Class C airspace area, retains Class C airspace protection. This is

necessary to maintain the safety level previously afforded by part of

the McClellan Class C airspace area.

The coordinates for this airspace docket are based on North

American Datum 83. Class C and Class E airspace designations are

published, respectively, in paragraphs 4000 and 6002 of FAA Order

7400.9G, dated September 1, 1999, and effective September 16, 1999,

which is incorporated by reference in 14 CFR 71.1. The Class C and E

airspace designations 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 minimal

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 proposed rule would revoke the Class C airspace area at

Sacramento McClellan AFB, establish a Class E surface area at McClellan

AFB, and modify the existing Class C airspace area at Sacramento

International Airport. The Sacramento International Airport Class C

airspace area would be modified by expanding its boundary to the east.

This modification is necessary to retain Class C airspace protection

overlying the Rio Linda airport located in the revoked McClellan AFB

Class C airspace area.

[[Page 67527]]

The FAA has determined that the modification of the Sacramento

terminal area would result in negligible costs to the agency and no

additional costs to airspace users. The proposed rule would impose a

one-time cost of approximately $200 on the agency in order to inform

pilots of the airspace changes. Changes to sectional charts would occur

during the chart cycle and would cause no additional costs beyond the

normal update of the charts. Any additional FAA administrative demands

(personnel, equipment, and facilities) generated by this action would

be absorbed by existing resources. Aircraft owners and operators would

not incur costs for additional equipment because they are already

operating in Class C airspace area at Sacramento International Airport

and at McClellan AFB.

The modification of the Sacramento terminal area would enhance

operational efficiency while maintaining aviation safety. The

revocation of the McClellan Class C airspace area would allow visual

flight rule users additional airspace in which to transition to and

from satellite airports and around the proposed Sacramento Class C

airspace area. The FAA contends that the proposed rule would reduce

circumnavigation cost for some general aviation (GA) operators and

improve the flow of air traffic operations into, out of, and through

the Sacramento terminal area. As a result of the negligible costs and

safety and efficiency benefits, the FAA has determined that the

proposed rule would be cost-beneficial.

Initial Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980 (the ACT) 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 for

this determination, and the reasoning should be clear.

This proposed rule is not expected to have a significant impact on

commercial and GA operators who presently use the Sacramento

International Airport and are already equipped to operate within the

proposed Sacramento Class C airspace area. As for aircraft that

regularly fly through the existing McClellan AFB terminal area, the

revocation of the Class C airspace area and establishment of a Class E

surface area would not impose any additional equipment or navigational

costs on these operators. Therefore, there would be no additional cost

to these entities.

Accordingly, pursuant to the Regulatory Flexibility Act, 5 U.S.C.

605(b), the FAA 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 7400.9G, Airspace Designations and

Reporting Points, dated September 1, 1999, and effective September 16,

1999, is amended as follows:

Paragraph 4000-Subpart C--Class C Airspace.

* * * * *

AWP CA C Sacramento, McClellan AFB, CA [Removed]

* * * * *

AWP CA C Sacramento International Airport, CA [Revised]

Sacramento International Airport, CA

(Lat. 38 deg.41'44'' N., long. 121 deg.35'27'' W.)

Riego Flight Strip

(Lat. 38 deg.45'15'' N., long. 121 deg.33'47'' W.)

Natomas Field

[[Page 67528]]

(Lat. 38 deg.38'18'' N., long. 121 deg.30'55'' W.)

That airspace extending upward from the surface to and including

4,100 feet MSL within a 5-mile radius of the Sacramento

International Airport, excluding that airspace within a 2-mile

radius of Riego Flight Strip, and that airspace within a 2-mile

radius of Natomas Field, and that airspace east of the 002( bearing

from Natomas Field; and that airspace extending upward from 1,600

feet MSL to 4,100 feet MSL within a 10-mile radius of Sacramento

International Airport.

* * * * *

Paragraph 6002--Class E Airspace Designated as Surface Areas.

* * * * *

AWP CA E2 Sacramento, McClellan AFB, CA [New]

Sacramento, McClellan AFB, CA

(Lat. 38 deg.40'04'' N., long. 121 deg.24'02'' W.)

That airspace extending upward from the surface within a 4.5-

mile radius of McClellan AFB excluding that airspace within the

Sacramento International Airport Class C surface area.

* * * * *

Issued in Washington, DC on November 23, 1999.

Reginald C. Matthews,

Manager, Airspace and Rules Division.

[FR Doc. 99-31283 Filed 12-1-99; 8:45 am]

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