36060 Federal Register / Vol. 65, No. 110 / Wednesday, June 7, 2000 / Rules and Regulations

provides an acceptable level of safety may be

used if approved by the Manager, Regulations

Group, Rotorcraft Directorate, FAA.

Operators shall submit their requests through

an FAA Principal Maintenance Inspector,

who may concur or comment and then send

it to the Manager, Regulations Group.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Regulations Group.

(d) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the helicopter

to a location where the requirements of this

AD can be accomplished.

(e) The inspection shall be done in

accordance with paragraph B, Operational

Procedure, of Eurocopter France Service

Bulletin 05.00.34, Revision 3, dated

November 14, 1996. The incorporation by

reference of that document was approved

previously by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51, as of June 11, 1998 (63

FR 25158, May 7, 1998). Copies may be

obtained from American Eurocopter

Corporation, 2701 Forum Drive, Grand

Prairie, Texas 75053–4005; telephone (972)

641–3460, fax (972) 641–3527. Copies may be

inspected at the FAA, Office of the Regional

Counsel, Southwest Region, 2601 Meacham

Blvd., Room 663, Fort Worth, Texas; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

(f) This amendment becomes effective on

July 12, 2000.

Note 3: The subject of this AD is addressed

in Direction Generale De L’Aviation Civile

(France) AD 92–185–33(B)R4, dated

December 4, 1996.

Issued in Fort Worth, Texas, on May 26,

2000.

Henry A. Armstrong,

Manager, Rotorcraft Directorate, Aircraft

Certification Service.

[FR Doc. 00–14193 Filed 6–6–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97–AWA–1]

RIN 2120–AA66

Modification of the San Francisco

Class B Airspace Area; CA

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action modifies the San

Francisco, CA, Class B airspace area.

Specifically, this action raises the

airspace ceiling from 8,000 to 10,000

feet mean sea level (MSL); lowers the

airspace floor in a few areas; combines

and reconfigures several existing areas;

and creates some new areas. The FAA

is taking this action to enhance safety,

to reduce the potential for midair

collision, and to improve the

management of air traffic operations

into, out of, and through the San

Francisco Class B airspace area, while

accommodating the concerns of airspace

users.

EFFECTIVE DATE: 0901 UTC, September 7,

2000.

FOR FURTHER INFORMATION CONTACT:

Joseph C. 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:

Availability of Final Rule

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–

1661) 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 web page at http://

www.access.gpo.gov/nara for access to

recently published rulemaking

documents.

Any person may obtain a copy of this

final rule by submitting a request to the

Federal Aviation Administration, 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

docket number of this final rule. Persons

interested in being placed on a mailing

list for future NPRM’s or final rules

should contact the Federal Aviation

Administration, Office of Rulemaking,

(202) 267–9677, to request a copy of

Advisory Circular No. 11–2A, Notice of

Proposed Rulemaking Distribution

System, which 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 in the Federal

Register (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 in the Federal

Register (53 FR 23356). This rule

requires all aircraft to have an altitude

encoding transponder when operating

within 30 nautical miles (NM) of any

designated Class B airspace area

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 operating

outside of the Class B airspace area, but

within 30 NM of the primary airport.

On October 14, 1988, the FAA

published the Terminal Control Area

Classification and Terminal Control

Area Pilot and Navigation Equipment

Requirements Final Rule in the Federal

Register (53 FR 40318). This rule, in

part, requires the pilot-in-command of a

civil aircraft operating within a Class B

airspace area 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 in the Federal Register (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 this final

rule.

Background

The Class B airspace area program

was developed to reduce the potential

for midair collision in the congested

airspace surrounding airports with high

density air traffic operations 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

increase 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 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) the increased capability

to provide aircraft separation service,

Federal Register / Vol. 65, No. 110 / Wednesday, June 7, 2000 / Rules and Regulations 36061

thereby minimizing the mix of

controlled and uncontrolled aircraft.

The standard configuration of these

airspace areas normally contain 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

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

On March 1, 1999, the FAA published

a notice of proposed rulemaking

(NPRM) in the Federal Register

(Airspace Docket No. 97–AWA–1; 64 FR

9940) proposing to modify the San

Francisco, CA, Class B airspace area.

The comment period for this NPRM

closed on April 30, 1999.

The FAA received 145 written

comments in response to the proposal.

All comments received were considered

before making a determination on this

final rule. An analysis of the comments

received and the FAA’s response is

summarized below.

Discussion of Comments

The FAA received some letters that

fully endorsed and supported the entire

airspace modification proposal based on

the positive benefits expected from

aviation safety improvements. On the

other hand, an equal number of letters

expressed complete opposition to the

proposal, viewing it as either

unnecessary or overly restrictive. The

remaining majority of comments (over

100) focused on one or more specific

airspace design issues. The following

discussion provides an overview of the

key airspace issues of concern, and

related FAA decisions reflected in this

final rule.

Several commenters noted that the

NPRM document was difficult for them

to decipher due to the use of true north,

rather than magnetic north. The FAA

understands how it is possible that this

may have confused some readers.

However, due to magnetic variation

changes over time, it is FAA policy to

use reference to true north in airspace

rulemaking documents.

The proposed expansion of the Area

A southern boundary from 5NM to 6NM

from the San Francisco (SFO) VHF

Omni-directional Range/Distance

Measuring Equipment (VOR/DME) was

strongly opposed by nearly all general

aviation pilots and by some airport

officials. The most common reason cited

for opposition was that the proposed

modification would adversely affect the

Bay Meadows noise abatement

departure procedure from San Carlos

Airport which supports a busy VFR

route used primarily for general aviation

flights to Half Moon Bay. One

commenter stated that the 5NM

boundary line sufficiently protects low

altitude arrivals from the northwest

entering downwind for Runways 28L

and 28R at San Francisco. Another

observation was expressed that during

operations in the East configuration,

departures were not assigned headings

any further right than 120 degrees due

to steep terrain south of the airport. The

predominant viewpoint expressed by

those who commented on Area A was

that the existing airspace should not be

modified.

Based on the information received

during the NPRM comment process, and

after further airspace analysis, the FAA

agrees that the existing Area A southern

boundary line should not be modified at

this time. The final rule has been

revised accordingly.

Several commenters suggested that

the floor of the airspace near Mt.

Tamalpais should be higher that

proposed 4,000 feet MSL. Many

expressed concern that the proposed

floor would adversely affect hang

gliders, paragliders, and other soaring

activity, and that the proposed change

might increase the potential for conflicts

between powered and non-powered

aircraft. One commenter believed that

the proposed expansions of Area H and

Area I were not warranted because only

one instrument departure procedure

from San Francisco would be

encompassed in the proposed airspace

areas. Some commenters suggested that

a 6,000 feet MSL floor at Mt. Tamalpais

would allow recreational soaring to

continue in a safe manner at that

location.

The FAA agrees that the Mt.

Tamalpais area users would be

constrained if the proposed expansion

of Class B airspace were implemented.

Therefore, the FAA has determined,

based on a clearer understanding of user

needs and additional analysis of the

airspace, that the MOLEN departure

procedure can be adequately and safely

protected in Class B airspace without

disrupting activities at Mt. Tamalpais.

This final rule establishes a smaller

airspace area with a floor of 4,000 feet

MSL located southwest of Mt.

Tamalpais to provide protection for the

MOLEN departures from San Francisco.

Several comments from glider pilots,

and the organizations representing

them, recommended that the proposed

new Class B airspace area between

25NM and 30NM from SFO VOR/DME

should be limited to the airspace located

south and west of the SFO VOR/DME

082° radial. The reason cited for this

recommendation was that northwest

winds over Mt. Diablo often extend the

viable soaring area to about 10 miles

south of the peak. Because very few

sailplanes have VOR receivers, the

commenters suggested a revision to the

proposed airspace boundary line that

would allow pilots to use visual

reference to Interstate 580 as a guideline

for remaining outside Class B airspace.

The FAA appreciates receiving the

recommendation of a prominent

landmark to enhance safety and reduce

deviations. The rationale offered by the

commenters is reasonable, and their

suggested revision to the airspace

boundary line is adopted in this final

rule.

Several comments were received

regarding the FAA proposal to

implement Class B airspace in the Sunol

gap area, also known as the ‘‘keyhole’’,

from 15NM to 25NM east of San

Francisco. The primary concerns

expressed were related to the fact that

the area if heavily used as a VFR route

to and from the San Francisco area

communities. Since the airspace is also

frequently subject to marine layer

stratus cloud formations during spring

and summer, concerns were expressed

that VFR traffic might become overly

compressed in the area between the

proposed airspace floor and the

mountainous terrain, thereby increasing

collision risks. Some commenters

suggested that the floor of the airspace

should be 4,000 feet MSL to the east

between 15NM and 20NM from the SFO

VOR/DME to allow additional altitude

for safety.

The FAA agrees with the

recommendation and has adopted a

floor at 4,000 feet MSL in this final rule

in order to reduce the potential for

overcrowded airspace along this

popular route. This airspace has been

combined with adjacent 4,000′ MSL feet

floor areas both north and south of it,

forming a large Area D. The new

airspace will provide adequate Class B

coverage for Runway 10 departures, and

for Runway 28L/R arrivals during

arrival rush periods when aircraft are

vectored to final.

In the eastern section of the ‘‘keyhole’’

area, between 20NM and 25NM from

SFO VOR/DME, several commenters

suggested that the airspace floor should

be designated at 6,000 feet MSL to

accommodate hang glider activity near

Mission Ridge, Mt. Alison, and

Monument Peak. Many believed that the

proposed 5,000 MSL floor would place

36062 Federal Register / Vol. 65, No. 110 / Wednesday, June 7, 2000 / Rules and Regulations

too many general aviation flights in

unsafe close proximity to numerous Part

103 operators.

The FAA agrees that a higher floor at

6,000 feet MSL in this area will better

serve the needs of both the general

aviation community and the Part 103

operators while simultaneously

providing necessary Class B protection

for SFO traffic flows. The area has now

been combined with adjacent 6,000′

MSL floor areas to the north and south,

forming a large Area E.

Several commenters suggested that

the San Francisco Class B airspace

modification should be designed to

accommodate full protection for

Simultaneous Offset Instrument

Approach (SOIA) procedures. Concern

was expressed that SOIA operations are

anticipated to begin at San Francisco

International Airport in the near future,

and there would be insufficient time to

complete another Class B rulemaking

action to include the new procedures in

a timely manner. Runway 28L SOIA

operations would require that aircraft be

established on final no closer than 20

miles from the airport, with glideslope

intercept at an altitude lower than the

current Class B airspace coverage. It was

suggested that the area from the SFO

VOR/DME 107° radial clockwise to the

SFO VOR/DME 167° radial between

20NM and 25NM be lowered to 5,000

feet MSL for protection of anticipated

Runway 28L SOIA arrivals.

The FAA acknowledges and

appreciates the foresight demonstrated

in the suggestion offered by these

commenters. However, in formulating

final rule decisions on regulatory

airspace, the FAA cannot legally impose

additional restrictions on access to

airspace that would be more stringent

than those originally proposed in the

NPRM.

The proposed lowering of the airspace

floor in the area surrounding Half Moon

Bay down to a level of 4,000 feet MSL

concerned some users who reported that

they accomplish aerobatic training and

practice offshore along the Pacific coast.

With the existing class B airspace floor

at 6,000 feet MSL over much of the area,

airspace from 5,900 feet MSL down to

1,500 feet MSL is currently used for

teaching, maneuvers requiring extra

vertical space. The commenters on this

issue suggested a few alternative

airspace boundary reconfigurations to

allow retention of some airspace

available for aerobatic maneuvers.

The FAA has carefully reviewed

available airspace options near Half

Moon Bay and finds its necessary to

establish a 4,000 feet MSL floor in the

reconfigured Area D. The airspace is

required in order to provide adequate

Class B protection for numerous IFR

turboprop air taxis carrying passenger to

SFO. These aircraft are regularly

vectored through airspace over Half

Moon Bay at 4,000 feet MSL for radar

sequencing into the flow of jets landing

at San Francisco. ATC operational

requirements dictate the need for these

aircraft to be descended to 4,000 feet

MSL near Half Moon Bay for effective

sequencing into the SFO arrival flow.

However, in order to accommodate

retention of aerobatic practice in this

area, the proposed Area D has been

slightly modified in this final rule and

a new Area K with a 5,000 feet MSL

floor has been designated offshore near

the Half Moon Bay airport. It should

also be noted that ten miles of shoreline

airspace will remain available only a

few miles south of the current aerobatic

practice area in the vicinity of San

Gregorio.

The Aircraft Owners and Pilots

Association (AOPA), and some

individual pilots, expressed opposition

to the various low altitude Class B

airspace floor levels proposed over the

Pacific Ocean because they were

perceived to be barriers that would

severely limit access to Victor Airway

27 (V27) for users wishing to transition

northbound or southbound along the

airway.

The FAA acknowledges that V27

penetrates the new SFO Class B Areas

D, E, G, H, J, and K as designated in this

final rule. While this could initially

appear to limit access for general

aviation, V27 actually remains an

excellent route for VFR flights. Bay

Approach personnel predict that flights

requesting VFR transition along V27 at

appropriate VFR altitudes will rarely, if

ever, be denied access. It is also

expected that international traffic

transitioning to and from the oceanic

environment will no longer need to

level off at unnecessary interim

altitudes to avoid uncontrolled traffic on

V27. Additional safety benefits for VFR

aircraft will include more efficient

avoidance of heavy jet wake turbulence

while under positive air traffic control

and separation from other air traffic.

These factors are highly consistent with

FAA’s Class B airspace design criteria

that specify the airspace should afford a

level of protection appropriate for the

large numbers of aircraft and passengers

served in the airspace.

Although fewer than 8 percent of all

commenters expressed opposition to the

proposed airspace ceiling at 10,000 feet

MSL, the FAA has nonetheless carefully

reconsidered airspace operational

requirements with due regard to all

comments received on this issue. A

variety of reasons were cited by

commenters for opposing the higher

ceiling. A few commenters felt the

higher ceiling could not be justified

without more comprehensive traffic

count data covering all operations

between 8,000 and 10,000 feet MSL, or

without presentation of statistical data

concerning near-midair collision

reports. Some recommended that the

current ceiling should remain

unchanged to allow VFR traffic

unrestricted transition access at 8,500

and 9,500 feet MSL without causing

unnecessary frequency congestion or

excessive workload requiring more air

traffic controllers. One commenter

expressed concern that the higher

ceiling might preclude overflights by

some aircraft not equipped with oxygen.

Another said that the proposed ceiling

would be overly restrictive, and that a

ceiling at 9,000 feet MSL would be

adequate.

While reports of near midair

collisions have not been filed in the San

Francisco area that would explicitly

suggest raising the Class B airspace

ceiling, such reports would be neither

desirable nor necessary to justify the

FAA’s decision. The Class B airspace

program is designed to ensure

proactively that specific safety levels

within congested terminal airspace are

maintained by designating areas

wherein all aircraft are subject to

standardized operating rules and

equipment requirements. The FAA

evaluated San Francisco International

Airport operations using criteria

specified in FAA Order 7400.2D,

Procedures for Handling Airspace

Matters, and with particular attention to

the unique characteristics of air traffic

flow in the San Francisco terminal area.

The analysis showed that the existing

airspace ceiling does not provide

adequate regulatory airspace protection

consistent with the expectations of the

majority of airline passengers and

airspace users. The Class B airspace

program was developed to ensure that

specific protection is afforded within

the airspace surrounding high-density

commercial airports. Class B airspace

operating rules are deemed to provide

the level of protection appropriate for

the large numbers of aircraft and

passengers served by this type of

airport. The FAA’s thorough analysis of

actual airspace utilization within the

San Francisco terminal area included

usage of available modeling and

simulation resources at the Airspace

Planning and Analysis Division, ATA–

200, Air Traffic Airspace Lab in

Herndon, VA. The results of that

analysis, along with review of the

original facility staff study concerning

Federal Register / Vol. 65, No. 110 / Wednesday, June 7, 2000 / Rules and Regulations 36063

this airspace, revealed that all airspace

between 8,000 and 10,000 feet MSL is

used on a regular basis by air traffic

controllers for the purpose of handling

instrument operations to and from SFO

airport. San Francisco International

Airport handled 432,046 total airport

operations during 1998 and 19,079,664

passengers enplaned during the same

time period. These figures continue a

trend of significant growth. Current

FAA aviation forecasts for the 1999 to

2010 time period project that the FAA

Western-Pacific Region will lead all

other FAA regions with a rate of growth

of aircraft operations increasing 21.6

percent over the forecast period.

Accordingly, this final rule raises the

San Francisco Class B airspace ceiling to

10,000 feet MSL.

The Rule

This amendment to 14 CFR part 71

modified the San Francisco Class B

airspace area. Specifically, this action

raises the airspace ceiling from 8,000 to

10,000 feet MSL; lowers the airspace

floor in some areas; combines and

reconfigures several existing areas; and

creates three new areas. Areas A, B, and

C remain unchanged from the existing

airspace configuration, except for the

new ceiling at 10,000 feet MSL. Area D,

with its floor at 4,000 feet MSL, has

been combined with other areas

including the previous Area H, part of

previous Areas E and J, and a new area

east of the primary airport. The

reconfigured Area E retains its floor at

6,000 feet MSL, and now includes the

previous Area I, a small corner from the

previous Area J, and a new area east of

the primary airport. The only change to

the existing Area F is the new ceiling at

10,000 feet MSL. Area G has been

slightly modified into a simpler arc

configuration. Area K has been renamed

Area I. A new Area H, with a floor of

4,000 feet MSL, has been designated

over the ocean to the west of Area G. A

new Area J, with a floor of 8,000 feet

MSL, has been designated 25NM to

30NM from the SFO VOR/DME, forming

a new southern and eastern airspace

boundary. Lastly, a new Area K, with a

floor of 5,000 feet MSL, has been

designated over the ocean to the

southeast of Area G.

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 7400.9G, Airspace Designations

and Reporting Points, dated September

1, 1999, and effective September 16,

1999, which is incorporated by

reference in 14 CFR section 71.1. The

Class B airspace area listed in this

document will 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 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 the 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. These analyses are

summarized here in the preamble, and

the full Regulatory Evaluation is in the

docket.

The FAA is modifying the San

Francisco Class B airspace area by

raising the ceiling from 8,000 feet mean

sea level (MSL) to 10,000 feet MSL, by

combining and reconfiguring the lateral

boundaries of several existing areas, by

establishing three new areas, and by

lowering base altitudes. This action will

increase the overall size of the Class B

airspace area thereby increasing air

traffic control’s (ATC) ability to manage

and control air traffic complexity in the

San Francisco area. The FAA contends

that this final rule will improve

operational efficiency and enhance

aviation safety in the Class B airspace

area. The final modifications will also

include clearer boundaries defining the

Class B airspace areas.

The final rule will impose minimal

costs on the FAA or airspace users.

Notices will be sent to all pilots within

a 100-mile radius of the San Francisco

International Airport (SFO) at a total

cost of $200.00 for postage. Printing of

aeronautical charts which reflect the

changes to the Class B airspace area will

be accomplished during a scheduled

chart printing, and will result in no

additional costs for plate modification

and updating of charts. No staffing

changes will be required to maintain the

modified Class B airspace area.

The FAA contends that the final rule

will not impose any additional costs on

general aviation aircraft operators. Since

the San Francisco Class B airspace area

will reside within the existing Mode C

Veil, no additional avionics equipment

will be required for any aircraft

operating in the vicinity of the Class B

airspace area. Even with the

establishment of new areas and the

expansion of existing areas, VFR aircraft

operators should not have difficulty

circumnavigating the Class B airspace

area. Additionally, aircraft operators

have the options of circumnavigating

outside the San Francisco VOR/DME 15

NM arc and operate under the higher

floor of 6,000 feet MSL. For those

aircraft operators who choose not to

circumnavigate or fly below the Class B

airspace, standard procedures may be

used to enter the San Francisco Class B

airspace area.

The FAA has determined that this

final rule will be cost-beneficial. The

final rule will generate benefits in the

form of improved flow of air traffic

operations into and out of SFO; clearer

airspace boundaries; improved ATC

containment of transport aircraft

(containment refers to aircraft operating

in controlled airspace and receiving

ATC separation from other aircraft); and

reduced potential for midair collisions

in the terminal area.

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

36064 Federal Register / Vol. 65, No. 110 / Wednesday, June 7, 2000 / Rules and Regulations

entities, section 605(b) of the 1980 act

provides that the head of the agency

may so certify and an FRA is not

required. The certification must include

a statement providing the factual basis

for this determination, and the

reasoning should be clear.

The FAA has determined that the

final rule will have only 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 SFO

Class B airspace area. These operators

already have the required equipment,

and, therefore, there will 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 will not have a

significant economic impact on a

substantial number of small entities.

International Trade Impact Statement

The final rule will 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.

Federalism Implications

The regulations adopted herein will

not have a substantial direct effect 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, it is

determined that this final rule does not

have federalism implications under E.O.

12612.

Unfunded Mandates Assessment

Title II of the Unfunded Mandates

Reform Act of 1995 (the Act), enacted as

Public Law 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 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 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 to

provide input in the development of

regulatory proposals.

This final 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.

Paperwork Reduction Act

This rule contains no information

collection requests requiring approval of

the Office of Management and Budget

pursuant to the Paperwork Reduction

Act of 1995 (44 U.S.C. 3507(d)).

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;

AIRWAYS; 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.

§ 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 3000—Subpart B—Class B

Airspace

* * * * *

AWP CA B San Francisco, CA

San Francisco International (SFO) Airport

(Primary Airport)

(lat. 37°37′09′′N., long. 122°22′30′′W.).

San Francisco (SFO) VOR/DME

(lat. 37°37′10′′N., long. 122°22′26′′W.)

Oakland (OAK) VORTAC

(lat. 37°43′33′′N., long. 122°13′25′′W.)

Sausalito (SAU) VORTAC

(lat. 37°51′19′′N., long. 122°31′22′′W.)

Boundaries

Area A. That airspace extending upward

from the surface to and including 10,000 feet

MSL within a 7-mile radius of the San

Francisco (SFO) VOR/DME extending

clockwise from the SFO VOR/DME 247°

radial to the SFO VOR/DME 127° radial, and

within a 5-mile radius of the SFO VOR/DME

between the SFO VOR/DME 127° radial

clockwise to SFO VOR/DME 247° radial,

excluding that airspace within a 3-mile

radius of the Oakland VORTAC and

excluding that airspace west of the Pacific

coast shoreline.

Area B. That airspace extending upward

from 1,500 feet MSL to and including 10,000

feet MSL bounded on the northwest by a 5-

mile radius arc of the SFO VOR/DME, on the

southeast by a 10-mile radius arc of the SFO

VOR/DME, on the northeast by the SFO

VOR/DME 107° radial, and on the southwest

by the SFO VOR 137° radial excluding that

airspace within Area A.

Area C. That airspace extending upward

from 2,500 feet MSL to and including 10,000

feet MSL bounded on the northwest by a 10-

mile radius arc of the SFO VOR/DME, on the

southeast by a 15-mile radius arc of the SFO

VOR/DME, on the northeast by the SFO

VOR/DME 107° radial and on the southwest

by the SFO VOR/DME 137° 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 on the SFO VOR/DME

137° radial thence southeast along the SFO

VOR/DME 137° radial to and

counterclockwise along the 15-mile DME arc

of the SFO VOR/DME to and northwest along

the Oakland VORTAC 305° radial to and

northeast along the Sausalito VORTAC 052°

radial to and clockwise along the 20-mile

DME arc of the SFO VOR/DME to and

northwest along the SFO VOR/DME 167°

radial to and clockwise along the 15-mile

DME arc of the SFO VOR/DME to and

northeast along the SFO VOR/DME 247°

radial to and counterclockwise along the 5-

mile DME arc of the SFO VOR/DME to the

point of beginning, excluding that airspace

within Area K.

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

15-mile DME point on the SFO VOR/DME

277° radial thence counterclockwise along

the 15-mile DME arc of the SFO VOR/DME

to and southeast along the SFO VOR/DME

167° radical to and counterclockwise along

the 20-mile DME arc of the SFO VOR/DME

to and northeast along the Sausalito VORTAC

052° radial, to and clockwise along the 25-

mile DME arc of the SFO VOR/DME to and

northeast along the SFO VOR/DME 227°

radial to and clockwise along the 20-mile

DME arc to and northeast along the SFO

VOR/DME 277° radial 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

Federal Register / Vol. 65, No. 110 / Wednesday, June 7, 2000 / Rules and Regulations 36065

10-mile DME point on the SFO VOR/DME

247° radial thence clockwise along the 10-

mile DME arc to and west along the SFO

VOR/DME 107° 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 Oakland VORTAC

to and counterclockwise along the 7-mile

DME arc of the SFO VOR/DME to and

southwest along the SFO VOR/DME 247°

radial to the point of beginning.

Area G. That airspace extending upward

from 3,000 feet MSL to and including 10,000

feet MSL between the 10- and 15-mile radii

of the SFO VOR/DME from the SFO VOR/

DME 247° radial clockwise to the SFO VOR/

DME 107° radial.

Area H. That airspace extending upward

from 4,000 feet MSL to and including 10,000

feet MSL between the 15- and 20-mile radii

of the SFO VOR/DME from the SFO VOR/

DME 277° radial clockwise to the SFO VOR/

DME 317° radial.

Area I. 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 J. That airspace extending upward

from 8,000 feet MSL to and including 10,000

feet MSL between the 25- and 30-mile radii

of the SFO VOR/DME from the SFO VOR/

DME 082° radial clockwise to the SFO VOR/

DME 227° radial.

Area K. That airspace extending upward

from 5,000 feet MSL to and including 10,000

feet MSL between the 10- and 15-mile radii

of the SFO VOR/DME from the SFO VOR/

DME 217° radial clockwise to the SFO VOR/

DME 247° radial.

* * * * *

Issued in Washington, DC, on May 30,

2000.

Reginald C. Matthews,

Manager, Airspace and Rules Division.

Note: The following Appendix will not

appear in the Code of Federal Regulations.

Appendix—San Francisco Class B Airspace

Area.

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36066 Federal Register / Vol. 65, No. 110 / Wednesday, June 7, 2000 / Rules and Regulations

[FR Doc. 00–14046 Filed 6–6–00; 8:45 am]

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