83_FR_54443 83 FR 54234 - Amendment of Class D and Class E Airspace; Atwater, CA

83 FR 54234 - Amendment of Class D and Class E Airspace; Atwater, CA

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 209 (October 29, 2018)

Page Range54234-54236
FR Document2018-23476

This action modifies Class D airspace and Class E airspace extending upward from 700 feet above the surface at Castle Airport, Atwater, CA. Additionally, the airport's geographic coordinates have been updated to match the FAA's aeronautical database and the outdated term Airport/Facility Directory is replaced with Chart Supplement in Class D airspace. Airspace redesign is necessary as the FAA transitions from ground-based to satellite-based navigation for the safety and management of instrument flight rules (IFR) operations at this airport due to the decommissioning of the El Nido VHF Omnidirectional Range/ Distance Measuring Equipment (VOR/DME).

Federal Register, Volume 83 Issue 209 (Monday, October 29, 2018)
[Federal Register Volume 83, Number 209 (Monday, October 29, 2018)]
[Rules and Regulations]
[Pages 54234-54236]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23476]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-1091; Airspace Docket No. 17-AWP-26]
RIN 2120-AA66


Amendment of Class D and Class E Airspace; Atwater, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action modifies Class D airspace and Class E airspace 
extending upward from 700 feet above the surface at Castle Airport, 
Atwater, CA. Additionally, the airport's geographic coordinates have 
been updated to match the FAA's aeronautical database and the outdated 
term Airport/Facility Directory is replaced with Chart Supplement in 
Class D airspace. Airspace redesign is necessary as the FAA transitions 
from ground-based to satellite-based navigation for the safety and 
management of instrument flight rules (IFR) operations at this airport 
due to the decommissioning of the El Nido VHF Omnidirectional Range/
Distance Measuring Equipment (VOR/DME).

DATES: Effective 0901 UTC, February 28, 2019. 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 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed on line at http://www.faa.gov/air_traffic/publications/. For further information, you can 
contact the Airspace Policy Group, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC, 20591; telephone: 202-267-8783. 
The Order is also available for inspection at the National Archives and 
Records Administration (NARA).
    For information on the availability of this material at NARA, call 
202-741-6030, or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Richard Roberts, Federal Aviation 
Administration, Operations Support Group, Western Service Center, 2200 
S 216th St, Des Moines, WA 98198-6547; telephone (206) 231-2245.

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority. This rulemaking is promulgated under the authority described 
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, 
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 modifies Class D and Class E airspace at Castle Airport, Atwater, 
CA.

History

    The FAA published a notice of proposed rulemaking in the Federal 
Register (83 FR 3100; January 23, 2018) for Docket No. FAA-2017-1091 to 
amend Class D and Class E airspace extending upward from 700 feet above 
the surface, at Castle Airport, Atwater, CA. Interested parties were 
invited to participate in this rulemaking effort by submitting written 
comments on the proposal to the FAA. Fifteen comments were received, of 
which twelve were from local political organizations, aviation 
companies, and the public. In addition, two were duplicates and one was 
an illustration of a recommended amendment to the rulemaking proposal.
    Four commenters stated the reasons for the airspace modifications 
were not clear. The FAA agrees and is including a clearer explanation 
in the final rule. The proposed modifications are required to bring the 
airspace into compliance with the common standards required by the FAA, 
in its orders, directives and guidance. The FAA initiated modifications 
to the Castle Airport airspace to ensure aircraft arriving Runway (RWY) 
31 on the RNAV, VOR/DME, or ILS approaches descend through 1,000 feet 
above ground level (AGL) within the Class D airspace; that IFR 
departures from Castle Airport and Merced Regional/Macready Field have 
adequate airspace to depart and that the minimum airspace needed for 
safe and efficient terminal IFR and visual flight rules (VFR) 
operations is maintained.
    Three commenters were concerned with the economic impact to local 
businesses in Merced and Atwater, CA. Based on those comments, the FAA 
considered the operational and economic advantages offered by both 
Castle Airport, Atwater CA. and Merced Regional/Macready Field, Merced 
CA., including the importance and interest to the commerce and welfare 
of the respective communities. The FAA made accommodations, as 
indicated below, in the design of the airspace.
    The Aircraft Owners and Pilots Association (AOPA) in its comments 
stated that the Merced Regional/Macready Field Class E2 airspace 
fulfilled the requirement to ensure the lateral boundary of the Castle 
Airport Class D area is congruent with the beginning of controlled 
airspace. The FAA agrees. However, the Merced Regional/Macready Field 
Class E2 airspace does not provide the airspace needed to protect 
aircraft on approach to Castle Airport as they descend through 1,000 
feet AGL and meet FAA criteria for extensions of less than 2 miles. 
Thus, the Class D airspace southwest lateral boundary, within the 
Merced Regional/Macready Field Class E2 area, has been expanded to 
coincide with the rail line and protects Castle Airport IFR arrivals. 
AOPA further commented, ``In determining the final configuration of the 
Castle Airport Class D airspace, it is important the safety and 
operational impacts it would have on Merced Regional/Macready Field be 
weighed as well.'' The FAA agrees all users have the public right of 
freedom of transit through the NAS. Accordingly, while a sincere effort 
was made to negotiate equitable solutions regarding the use of the NAS, 
preservation and safety of aviation was the primary emphasis.
    We do not agree that defining the Class D lateral boundary from the 
297[deg] bearing to the 147[deg] bearing meets the minimum FAA criteria 
and provides the necessary safety for arrivals and departures from 
Castle Airport. This configuration would not provide adequate airspace 
for Castle Airport departures using the Diverse Vector Area or RWY 31 
Obstacle Departure Procedure, as it would not meet FAA criteria and 
provide 1.8 nm either side of the track to be flown.
    The FAA did agree that modifying the Class D southwest lateral 
boundary to

[[Page 54235]]

the rail line will facilitate arrivals to and departures from Merced 
Regional/Macready Field without affecting Castle Airport departures and 
allow adequate airspace for the Castle Airport arrivals to RWY 31.
    AOPA also stated that the NPRM did not comply with FAA guidance in 
Order JO 7400.2, Procedures for Handling Airspace Matters, because a 
graphic was not included in the docket. Additionally, AOPA encouraged 
the FAA to follow its own guidance by making the action effective date 
concurrent with publication of the VFR Sectional.
    The FAA has determined AOPA's comments raised no substantive issues 
related to the proposed changes to the airspace addressed in the NPRM. 
To the extent the FAA failed to follow its policies related to 
publishing graphics in the docket and establishing the Class D and E 
airspace effective date coincidental to the sectional chart date, we 
note the following. The FAA provided graphics for this proposal on 
February 15, 2018.
    AOPA's comment concerning the FAA creating a graphical depiction of 
new or modified airspace overlaid on a Sectional Chart for quality 
assurance purposes is not correct and the requirement to include all 
information in the Docket does not extend to working files. During the 
airspace reviews, airspace graphics may be created, if deemed 
necessary, to determine if there are terrain issues, or if cases are 
considered complex; in many cases, a graphic is not needed when 
developing an airspace proposal. Additionally, AOPA encouraged the FAA 
to follow its own guidance by making the action effective date 
concurrent with publication of the VFR Sectional. With respect to 
AOPA's comment addressing effective dates, FAA Order 7400.2L, paragraph 
2-3-7.a.4. states that, to the extent practicable, Class D airspace 
areas and restricted areas should become effective on a sectional chart 
date and that consideration should be given to selecting a sectional 
chart date that matches a 56-day enroute chart cycle date. The FAA does 
consider establishing effective dates for Class D and E airspace 
amendments so they coincide with the publication of sectional charts, 
to the extent practicable, but this consideration is accomplished after 
the NPRM comment period ends. Substantive comments received to NPRMs, 
flight safety concerns, management of IFR operations at affected 
airports, and immediacy of requiring proposed airspace amendments are 
some of the factors taken into consideration when selecting the 
appropriate effective date. After considering all factors, the FAA may 
determine that selecting an effective date that conforms to a 56-day 
enroute chart cycle date not coincidental to sectional chart dates is 
better for the NAS and users rather than awaiting publication of the 
next VFR sectional.
    Two commenters requested the boundary for Castle Airport be rotated 
10-15 degrees to facilitate straight out/in departure and arrival IFR 
operations and maintain adequate left and right runway centerline at 
Merced Regional/Macready Field.
    The FAA agreed and rotated that portion of the Castle Airport Class 
D airspace lateral boundary outside the Merced Regional/Macready Field 
Airport Class E2 area, 12 degrees counterclockwise from 139[deg] True 
(T) to 127[deg] (T) and that portion within 4 nm of the Merced 
Regional/Macready Field Airport ARP to 114[deg] (T), coinciding with 
the rail line, as previously noted. In addition, two commenters 
requested that Highway 99 be used for the southwest lateral boundary to 
leave room for straight-out departures from RWY 30 at Merced. While the 
FAA agrees a modification to the southwest lateral boundary is 
appropriate, it has opted to use the rail line .2 nm west of highway 
99, as requested in six other comments. This will allow aircraft 
departing from Castle Airport the airspace needed to operate 
efficiently and safely, and Merced Regional/Macready Field departures 
adequate airspace to operate without having to contact the Castle 
Airport Traffic Control Tower adequate space for stabilized approaches, 
and the ability to conduct VFR practice instrument approaches without 
additional coordination and straight-out departures from RWY 30.
    Five commenters were concerned with the airspace directly over the 
city of Atwater, CA, describing it as congested and having reduced 
visibility due to hazy weather conditions much of the time. They were 
concerned with the infrastructure on the ground and identified 
controlled airspace as critical to the safety of its citizens.
    The FAA agrees with the concerns voiced by local governments, the 
area directly over the city of Atwater, CA, underlies controlled 
airspace beginning at 700 feet AGL. Fixed wing aircraft in this 
airspace must operate at or above 1000 feet above the highest obstacle, 
must have 3 miles of visibility, and operate 500 feet below and 1000 
feet above clouds. In addition, Air Traffic Control can issue pilots in 
this area control instructions. However, because of the potential for 
Merced Regional/Macready Field VFR arrivals and departures transiting 
this area without establishing communications and the potential for 
these aircraft mixing with Castle Airport IFR arrivals and departures, 
the use of the Castle Airport traffic pattern, and implementation of a 
DVA, the lateral boundary is established at 127[deg] in the area 
outside the Merced Regional/Macready Field Class E2 area.
    Class D and Class E airspace designations are published in 
paragraphs 5000, 6002, 6004, and 6005, respectively, of FAA Order 
7400.11C, dated August 13, 2018, and effective September 15, 2018, 
which is incorporated by reference in 14 CFR part 71.1. The Class D and 
Class E airspace designation listed in this document will be published 
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11C, Airspace Designations and 
Reporting Points, dated August 13, 2018, and effective September 15, 
2018. FAA Order 7400.11C is publicly available as listed in the 
ADDRESSES section of this document. FAA Order 7400.11C lists Class A, 
B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR) 
part 71 modifies Class D airspace and Class E airspace extending upward 
from 700 feet above the surface, at Castle Airport, Atwater, CA.
    The airspace has been redesigned by modifying Class D airspace to 
within a 4.6-mile (from a 4.5-mile) radius of the airport from the 
airport 278[deg] bearing clockwise to the airport 148[deg] bearing. 
This modification provides additional Class D airspace south of the 
airport and removes Class D airspace southwest and northwest of the 
airport, thereby containing IFR arrival aircraft descending through 
1,000 feet above the surface, and removing airspace not required for 
IFR operations. Also, this action removes the reference to the El Nido 
VOR/DME in the legal description due to its planned decommissioning as 
the FAA transitions from ground-based to satellite-based navigation.
    Class E airspace extending upward from 700 feet above the surface 
is modified to within a 7.2-mile (from a 7-mile) radius of the airport, 
and removes the 23-mile extension northwest of the airport.

[[Page 54236]]

    Additionally, the airport's geographic coordinates are updated to 
match the FAA's aeronautical database for the Class D and Class E 
airspace areas. An editorial change is also made to the Class E surface 
area airspace legal description replacing ``Airport/Facility 
Directory'' with ``Chart Supplement''.

Regulatory Notices and Analyses

    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, is 
non-controversial and unlikely to result in adverse or negative 
comments. It, therefore: (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 only affects 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.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1F, ``Environmental Impacts: Policies and 
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to 
cause any potentially significant environmental impacts, and no 
extraordinary circumstances exist that warrant preparation of an 
environmental assessment.

Lists 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, B, C, D, AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 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 FAA Order 7400.11C, 
Airspace Designations and Reporting Points, dated August 13, 2018, and 
effective September 15, 2018, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AWP CA D Atwater, CA [Amended]

Castle Airport, CA
    (Lat. 37[deg]22'50'' N, long. 120[deg]34'06'' W)

    That airspace extending upward from the surface up to but not 
including 2,000 feet MSL within a 4.6-mile radius of Castle Airport 
beginning at the 278[deg] bearing from the airport clockwise to the 
114[deg] bearing, thence northwest to the point where the 182[deg] 
bearing intersects the Merced Regional/Macready Airport Class E2, 
thence 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 date and time will thereafter 
be continuously published in the Chart Supplement.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700 
Feet or More Above the Surface of the Earth.

* * * * *

AWP CA E5 Atwater, CA [Amended]

Castle Airport, CA
    (Lat. 37[deg]22'50'' N, long. 120[deg]34'06'' W)

    That airspace extending upward from 700 feet above the surface 
within a 7.2-mile radius of Castle Airport.

    Issued in Seattle, Washington, on October 19, 2018.
Shawn M. Kozica,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2018-23476 Filed 10-26-18; 8:45 am]
 BILLING CODE 4910-13-P



                                           54234            Federal Register / Vol. 83, No. 209 / Monday, October 29, 2018 / Rules and Regulations

                                           45°21′12″ N, long. 122°58′41″ W; to lat.                6030, or go to https://www.archives.gov/              airspace; that IFR departures from Castle
                                           45°19′20″ N, long. 122°49′07″ W.                        federal-register/cfr/ibr-locations.html.              Airport and Merced Regional/Macready
                                             Issued in Seattle, Washington, on October                FAA Order 7400.11, Airspace                        Field have adequate airspace to depart
                                           19, 2018.                                               Designations and Reporting Points, is                 and that the minimum airspace needed
                                           Shawn M. Kozica,                                        published yearly and effective on                     for safe and efficient terminal IFR and
                                           Manager, Operations Support Group, Western              September 15.                                         visual flight rules (VFR) operations is
                                           Service Center.                                         FOR FURTHER INFORMATION CONTACT:                      maintained.
                                           [FR Doc. 2018–23479 Filed 10–26–18; 8:45 am]            Richard Roberts, Federal Aviation                        Three commenters were concerned
                                                                                                   Administration, Operations Support                    with the economic impact to local
                                           BILLING CODE 4910–13–P
                                                                                                   Group, Western Service Center, 2200 S                 businesses in Merced and Atwater, CA.
                                                                                                   216th St, Des Moines, WA 98198–6547;                  Based on those comments, the FAA
                                           DEPARTMENT OF TRANSPORTATION                            telephone (206) 231–2245.                             considered the operational and
                                                                                                                                                         economic advantages offered by both
                                                                                                   SUPPLEMENTARY INFORMATION:
                                           Federal Aviation Administration                                                                               Castle Airport, Atwater CA. and Merced
                                                                                                   Authority for This Rulemaking                         Regional/Macready Field, Merced CA.,
                                           14 CFR Part 71                                                                                                including the importance and interest to
                                                                                                     The FAA’s authority to issue rules
                                                                                                                                                         the commerce and welfare of the
                                           [Docket No. FAA–2017–1091; Airspace                     regarding aviation safety is found in
                                                                                                                                                         respective communities. The FAA made
                                           Docket No. 17–AWP–26]                                   Title 49 of the United States Code.                   accommodations, as indicated below, in
                                           RIN 2120–AA66
                                                                                                   Subtitle I, Section 106 describes the                 the design of the airspace.
                                                                                                   authority of the FAA Administrator.                      The Aircraft Owners and Pilots
                                           Amendment of Class D and Class E                        Subtitle VII, Aviation Programs,                      Association (AOPA) in its comments
                                           Airspace; Atwater, CA                                   describes in more detail the scope of the             stated that the Merced Regional/
                                                                                                   agency’s authority. This rulemaking is                Macready Field Class E2 airspace
                                           AGENCY:  Federal Aviation                               promulgated under the authority                       fulfilled the requirement to ensure the
                                           Administration (FAA), DOT.                              described in Subtitle VII, Part A,                    lateral boundary of the Castle Airport
                                           ACTION: Final rule.                                     Subpart I, Section 40103. Under that                  Class D area is congruent with the
                                                                                                   section, the FAA is charged with                      beginning of controlled airspace. The
                                           SUMMARY:   This action modifies Class D                 prescribing regulations to assign the use
                                           airspace and Class E airspace extending                                                                       FAA agrees. However, the Merced
                                                                                                   of airspace necessary to ensure the                   Regional/Macready Field Class E2
                                           upward from 700 feet above the surface                  safety of aircraft and the efficient use of
                                           at Castle Airport, Atwater, CA.                                                                               airspace does not provide the airspace
                                                                                                   airspace. This regulation is within the               needed to protect aircraft on approach
                                           Additionally, the airport’s geographic                  scope of that authority as it modifies
                                           coordinates have been updated to match                                                                        to Castle Airport as they descend
                                                                                                   Class D and Class E airspace at Castle                through 1,000 feet AGL and meet FAA
                                           the FAA’s aeronautical database and the                 Airport, Atwater, CA.
                                           outdated term Airport/Facility Directory                                                                      criteria for extensions of less than 2
                                           is replaced with Chart Supplement in                    History                                               miles. Thus, the Class D airspace
                                           Class D airspace. Airspace redesign is                                                                        southwest lateral boundary, within the
                                                                                                      The FAA published a notice of                      Merced Regional/Macready Field Class
                                           necessary as the FAA transitions from                   proposed rulemaking in the Federal
                                           ground-based to satellite-based                                                                               E2 area, has been expanded to coincide
                                                                                                   Register (83 FR 3100; January 23, 2018)               with the rail line and protects Castle
                                           navigation for the safety and                           for Docket No. FAA–2017–1091 to                       Airport IFR arrivals. AOPA further
                                           management of instrument flight rules                   amend Class D and Class E airspace                    commented, ‘‘In determining the final
                                           (IFR) operations at this airport due to                 extending upward from 700 feet above                  configuration of the Castle Airport Class
                                           the decommissioning of the El Nido                      the surface, at Castle Airport, Atwater,              D airspace, it is important the safety and
                                           VHF Omnidirectional Range/Distance                      CA. Interested parties were invited to                operational impacts it would have on
                                           Measuring Equipment (VOR/DME).                          participate in this rulemaking effort by              Merced Regional/Macready Field be
                                           DATES: Effective 0901 UTC, February 28,                 submitting written comments on the                    weighed as well.’’ The FAA agrees all
                                           2019. The Director of the Federal                       proposal to the FAA. Fifteen comments                 users have the public right of freedom
                                           Register approves this incorporation by                 were received, of which twelve were                   of transit through the NAS.
                                           reference action under Title 1, Code of                 from local political organizations,                   Accordingly, while a sincere effort was
                                           Federal Regulations, part 51, subject to                aviation companies, and the public. In                made to negotiate equitable solutions
                                           the annual revision of FAA Order                        addition, two were duplicates and one                 regarding the use of the NAS,
                                           7400.11 and publication of conforming                   was an illustration of a recommended                  preservation and safety of aviation was
                                           amendments.                                             amendment to the rulemaking proposal.                 the primary emphasis.
                                           ADDRESSES: FAA Order 7400.11,                              Four commenters stated the reasons                    We do not agree that defining the
                                           Airspace Designations and Reporting                     for the airspace modifications were not               Class D lateral boundary from the 297°
                                           Points, and subsequent amendments can                   clear. The FAA agrees and is including                bearing to the 147° bearing meets the
                                           be viewed on line at http://                            a clearer explanation in the final rule.              minimum FAA criteria and provides the
                                           www.faa.gov/air_traffic/publications/.                  The proposed modifications are                        necessary safety for arrivals and
                                           For further information, you can contact                required to bring the airspace into                   departures from Castle Airport. This
                                           the Airspace Policy Group, Federal                      compliance with the common standards                  configuration would not provide
                                           Aviation Administration, 800                            required by the FAA, in its orders,                   adequate airspace for Castle Airport
                                           Independence Avenue SW, Washington,                     directives and guidance. The FAA                      departures using the Diverse Vector
amozie on DSK3GDR082PROD with RULES




                                           DC, 20591; telephone: 202–267–8783.                     initiated modifications to the Castle                 Area or RWY 31 Obstacle Departure
                                           The Order is also available for                         Airport airspace to ensure aircraft                   Procedure, as it would not meet FAA
                                           inspection at the National Archives and                 arriving Runway (RWY) 31 on the                       criteria and provide 1.8 nm either side
                                           Records Administration (NARA).                          RNAV, VOR/DME, or ILS approaches                      of the track to be flown.
                                              For information on the availability of               descend through 1,000 feet above                         The FAA did agree that modifying the
                                           this material at NARA, call 202–741–                    ground level (AGL) within the Class D                 Class D southwest lateral boundary to


                                      VerDate Sep<11>2014   16:53 Oct 26, 2018   Jkt 247001   PO 00000   Frm 00006   Fmt 4700   Sfmt 4700   E:\FR\FM\29OCR1.SGM   29OCR1


                                                            Federal Register / Vol. 83, No. 209 / Monday, October 29, 2018 / Rules and Regulations                                          54235

                                           the rail line will facilitate arrivals to and           taken into consideration when selecting               of the potential for Merced Regional/
                                           departures from Merced Regional/                        the appropriate effective date. After                 Macready Field VFR arrivals and
                                           Macready Field without affecting Castle                 considering all factors, the FAA may                  departures transiting this area without
                                           Airport departures and allow adequate                   determine that selecting an effective                 establishing communications and the
                                           airspace for the Castle Airport arrivals to             date that conforms to a 56-day enroute                potential for these aircraft mixing with
                                           RWY 31.                                                 chart cycle date not coincidental to                  Castle Airport IFR arrivals and
                                              AOPA also stated that the NPRM did                   sectional chart dates is better for the               departures, the use of the Castle Airport
                                           not comply with FAA guidance in Order                   NAS and users rather than awaiting                    traffic pattern, and implementation of a
                                           JO 7400.2, Procedures for Handling                      publication of the next VFR sectional.                DVA, the lateral boundary is established
                                           Airspace Matters, because a graphic was                    Two commenters requested the                       at 127° in the area outside the Merced
                                           not included in the docket.                             boundary for Castle Airport be rotated                Regional/Macready Field Class E2 area.
                                           Additionally, AOPA encouraged the                       10–15 degrees to facilitate straight out/                Class D and Class E airspace
                                           FAA to follow its own guidance by                       in departure and arrival IFR operations               designations are published in
                                           making the action effective date                        and maintain adequate left and right                  paragraphs 5000, 6002, 6004, and 6005,
                                           concurrent with publication of the VFR                  runway centerline at Merced Regional/                 respectively, of FAA Order 7400.11C,
                                           Sectional.                                              Macready Field.                                       dated August 13, 2018, and effective
                                              The FAA has determined AOPA’s                           The FAA agreed and rotated that                    September 15, 2018, which is
                                           comments raised no substantive issues                   portion of the Castle Airport Class D                 incorporated by reference in 14 CFR
                                           related to the proposed changes to the                  airspace lateral boundary outside the                 part 71.1. The Class D and Class E
                                           airspace addressed in the NPRM. To the                  Merced Regional/Macready Field                        airspace designation listed in this
                                           extent the FAA failed to follow its                     Airport Class E2 area, 12 degrees                     document will be published
                                           policies related to publishing graphics                 counterclockwise from 139° True (T) to                subsequently in the Order.
                                           in the docket and establishing the Class                127° (T) and that portion within 4 nm
                                           D and E airspace effective date                         of the Merced Regional/Macready Field                 Availability and Summary of
                                           coincidental to the sectional chart date,               Airport ARP to 114° (T), coinciding with              Documents for Incorporation by
                                           we note the following. The FAA                          the rail line, as previously noted. In                Reference
                                           provided graphics for this proposal on                  addition, two commenters requested
                                                                                                                                                           This document amends FAA Order
                                           February 15, 2018.                                      that Highway 99 be used for the
                                                                                                                                                         7400.11C, Airspace Designations and
                                              AOPA’s comment concerning the                        southwest lateral boundary to leave
                                           FAA creating a graphical depiction of                                                                         Reporting Points, dated August 13,
                                                                                                   room for straight-out departures from
                                           new or modified airspace overlaid on a                                                                        2018, and effective September 15, 2018.
                                                                                                   RWY 30 at Merced. While the FAA
                                           Sectional Chart for quality assurance                                                                         FAA Order 7400.11C is publicly
                                                                                                   agrees a modification to the southwest
                                           purposes is not correct and the                                                                               available as listed in the ADDRESSES
                                                                                                   lateral boundary is appropriate, it has
                                           requirement to include all information                                                                        section of this document. FAA Order
                                                                                                   opted to use the rail line .2 nm west of
                                           in the Docket does not extend to                                                                              7400.11C lists Class A, B, C, D, and E
                                                                                                   highway 99, as requested in six other
                                           working files. During the airspace                      comments. This will allow aircraft                    airspace areas, air traffic service routes,
                                           reviews, airspace graphics may be                       departing from Castle Airport the                     and reporting points.
                                           created, if deemed necessary, to                        airspace needed to operate efficiently                The Rule
                                           determine if there are terrain issues, or               and safely, and Merced Regional/
                                           if cases are considered complex; in                     Macready Field departures adequate                       This amendment to Title 14, Code of
                                           many cases, a graphic is not needed                     airspace to operate without having to                 Federal Regulations (14 CFR) part 71
                                           when developing an airspace proposal.                   contact the Castle Airport Traffic                    modifies Class D airspace and Class E
                                           Additionally, AOPA encouraged the                       Control Tower adequate space for                      airspace extending upward from 700
                                           FAA to follow its own guidance by                       stabilized approaches, and the ability to             feet above the surface, at Castle Airport,
                                           making the action effective date                        conduct VFR practice instrument                       Atwater, CA.
                                           concurrent with publication of the VFR                  approaches without additional                            The airspace has been redesigned by
                                           Sectional. With respect to AOPA’s                       coordination and straight-out departures              modifying Class D airspace to within a
                                           comment addressing effective dates,                     from RWY 30.                                          4.6-mile (from a 4.5-mile) radius of the
                                           FAA Order 7400.2L, paragraph 2–3–                          Five commenters were concerned                     airport from the airport 278° bearing
                                           7.a.4. states that, to the extent                       with the airspace directly over the city              clockwise to the airport 148° bearing.
                                           practicable, Class D airspace areas and                 of Atwater, CA, describing it as                      This modification provides additional
                                           restricted areas should become effective                congested and having reduced visibility               Class D airspace south of the airport and
                                           on a sectional chart date and that                      due to hazy weather conditions much of                removes Class D airspace southwest and
                                           consideration should be given to                        the time. They were concerned with the                northwest of the airport, thereby
                                           selecting a sectional chart date that                   infrastructure on the ground and                      containing IFR arrival aircraft
                                           matches a 56-day enroute chart cycle                    identified controlled airspace as critical            descending through 1,000 feet above the
                                           date. The FAA does consider                             to the safety of its citizens.                        surface, and removing airspace not
                                           establishing effective dates for Class D                   The FAA agrees with the concerns                   required for IFR operations. Also, this
                                           and E airspace amendments so they                       voiced by local governments, the area                 action removes the reference to the El
                                           coincide with the publication of                        directly over the city of Atwater, CA,                Nido VOR/DME in the legal description
                                           sectional charts, to the extent                         underlies controlled airspace beginning               due to its planned decommissioning as
                                           practicable, but this consideration is                  at 700 feet AGL. Fixed wing aircraft in               the FAA transitions from ground-based
                                           accomplished after the NPRM comment                     this airspace must operate at or above                to satellite-based navigation.
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                                           period ends. Substantive comments                       1000 feet above the highest obstacle,                    Class E airspace extending upward
                                           received to NPRMs, flight safety                        must have 3 miles of visibility, and                  from 700 feet above the surface is
                                           concerns, management of IFR operations                  operate 500 feet below and 1000 feet                  modified to within a 7.2-mile (from a 7-
                                           at affected airports, and immediacy of                  above clouds. In addition, Air Traffic                mile) radius of the airport, and removes
                                           requiring proposed airspace                             Control can issue pilots in this area                 the 23-mile extension northwest of the
                                           amendments are some of the factors                      control instructions. However, because                airport.


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                                           54236            Federal Register / Vol. 83, No. 209 / Monday, October 29, 2018 / Rules and Regulations

                                             Additionally, the airport’s geographic                § 71.1       [Amended]                                  the decommissioning of the El Nido
                                           coordinates are updated to match the                    ■ 2. The incorporation by reference in                  VHF Omnidirectional Range/Distance
                                           FAA’s aeronautical database for the                     14 CFR 71.1 of FAA Order 7400.11C,                      Measuring Equipment (VOR/DME) as
                                           Class D and Class E airspace areas. An                  Airspace Designations and Reporting                     the FAA transitions from ground-based
                                           editorial change is also made to the                    Points, dated August 13, 2018, and                      to satellite-based navigation. This action
                                           Class E surface area airspace legal                     effective September 15, 2018, is                        also removes Class E airspace extending
                                           description replacing ‘‘Airport/Facility                amended as follows:                                     upward from 1,200 feet above the
                                           Directory’’ with ‘‘Chart Supplement’’.                                                                          surface; updates the airport name to
                                                                                                   Paragraph 5000         Class D Airspace.                match the FAA’s aeronautical database;
                                           Regulatory Notices and Analyses                         *        *      *       *      *                        and replaces the outdated term Airport/
                                              The FAA has determined that this                     AWP CA D Atwater, CA [Amended]                          Facility Directory with Chart
                                           regulation only involves an established                                                                         Supplement. These actions are
                                                                                                   Castle Airport, CA
                                           body of technical regulations for which                    (Lat. 37°22′50″ N, long. 120°34′06″ W)               necessary for the safety and
                                           frequent and routine amendments are                                                                             management of instrument flight rules
                                                                                                      That airspace extending upward from the
                                           necessary to keep them operationally                    surface up to but not including 2,000 feet              (IFR) operations at this airport.
                                           current, is non-controversial and                       MSL within a 4.6-mile radius of Castle                  DATES: Effective 0901 UTC, January 3,
                                           unlikely to result in adverse or negative               Airport beginning at the 278° bearing from              2019. The Director of the Federal
                                           comments. It, therefore: (1) Is not a                   the airport clockwise to the 114° bearing,              Register approves this incorporation by
                                           ‘‘significant regulatory action’’ under                 thence northwest to the point where the 182°            reference action under Title 1, Code of
                                           Executive Order 12866; (2) is not a                     bearing intersects the Merced Regional/                 Federal Regulations, part 51, subject to
                                                                                                   Macready Airport Class E2, thence to the                the annual revision of FAA Order
                                           ‘‘significant rule’’ under DOT                          point of beginning. This Class D airspace area
                                           Regulatory Policies and Procedures (44                                                                          7400.11 and publication of conforming
                                                                                                   is effective during the specific dates and
                                           FR 11034; February 26, 1979); and (3)                   times established in advance by a Notice to             amendments.
                                           does not warrant preparation of a                       Airmen. The effective date and time will                ADDRESSES: FAA Order 7400.11C,
                                           Regulatory Evaluation as the anticipated                thereafter be continuously published in the             Airspace Designations and Reporting
                                           impact is so minimal. Since this is a                   Chart Supplement.                                       Points, and subsequent amendments can
                                           routine matter that only affects air traffic            Paragraph 6005 Class E Airspace Areas                   be viewed on line at http://
                                           procedures and air navigation, it is                    Extending Upward From 700 Feet or More                  www.faa.gov/air_traffic/publications/.
                                           certified that this rule, when                          Above the Surface of the Earth.                         For further information, you can contact
                                           promulgated, will not have a significant                *        *      *       *      *                        the Airspace Policy Group, Federal
                                           economic impact on a substantial                                                                                Aviation Administration, 800
                                           number of small entities under the                      AWP CA E5 Atwater, CA [Amended]                         Independence Avenue SW, Washington,
                                           criteria of the Regulatory Flexibility Act.             Castle Airport, CA                                      DC 20591; telephone: 202–267–8783.
                                                                                                     (Lat. 37°22′50″ N, long. 120°34′06″ W)                The Order is also available for
                                           Environmental Review                                      That airspace extending upward from 700               inspection at the National Archives and
                                                                                                   feet above the surface within a 7.2-mile                Records Administration (NARA). For
                                              The FAA has determined that this
                                                                                                   radius of Castle Airport.                               information on the availability of this
                                           action qualifies for categorical exclusion
                                           under the National Environmental                          Issued in Seattle, Washington, on October             material at NARA, call 202–741–6030,
                                           Policy Act in accordance with FAA                       19, 2018.                                               or go to https://www.archives.gov/
                                           Order 1050.1F, ‘‘Environmental                          Shawn M. Kozica,                                        federal-register/cfr/ibr-locations.html.
                                           Impacts: Policies and Procedures,’’                     Manager, Operations Support Group, Western                 FAA Order 7400.11, Airspace
                                           paragraph 5–6.5a. This airspace action                  Service Center.                                         Designations and Reporting Points, is
                                           is not expected to cause any potentially                [FR Doc. 2018–23476 Filed 10–26–18; 8:45 am]            published yearly and effective on
                                           significant environmental impacts, and                  BILLING CODE 4910–13–P
                                                                                                                                                           September 15.
                                           no extraordinary circumstances exist                                                                            FOR FURTHER INFORMATION CONTACT:
                                           that warrant preparation of an                                                                                  Richard Roberts, Federal Aviation
                                           environmental assessment.                               DEPARTMENT OF TRANSPORTATION                            Administration, Operations Support
                                                                                                                                                           Group, Western Service Center, 2200 S
                                           Lists of Subjects in 14 CFR Part 71                     Federal Aviation Administration                         216th St., Des Moines, WA 98198–6547;
                                                                                                                                                           telephone (206) 231–2245.
                                            Airspace, Incorporation by reference,                  14 CFR Part 71                                          SUPPLEMENTARY INFORMATION:
                                           Navigation (air).
                                                                                                   [Docket No. FAA–2017–1092; Airspace                     Authority for This Rulemaking
                                           Adoption of the Amendment                               Docket No. 17–AWP–27]
                                                                                                                                                             The FAA’s authority to issue rules
                                             In consideration of the foregoing, the                RIN 2120–AA66                                           regarding aviation safety is found in
                                           Federal Aviation Administration                                                                                 Title 49 of the United States Code.
                                           amends 14 CFR part 71 as follows:                       Amendment of Class E Airspace;
                                                                                                                                                           Subtitle I, Section 106 describes the
                                                                                                   Merced, CA
                                                                                                                                                           authority of the FAA Administrator.
                                           PART 71—DESIGNATION OF CLASS A,                         AGENCY:  Federal Aviation                               Subtitle VII, Aviation Programs,
                                           B, C, D, AND E AIRSPACE AREAS; AIR                      Administration (FAA), DOT.                              describes in more detail the scope of the
                                           TRAFFIC SERVICE ROUTES; AND                                                                                     agency’s authority. This rulemaking is
                                                                                                   ACTION: Final rule.
                                           REPORTING POINTS                                                                                                promulgated under the authority
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                                                                                                   SUMMARY:   This action modifies Class E                 described in Subtitle VII, Part A,
                                           ■ 1. The authority citation for part 71                 surface airspace and Class E airspace                   Subpart I, Section 40103. Under that
                                           continues to read as follows:                           extending upward from 700 feet above                    section, the FAA is charged with
                                             Authority: 49 U.S.C. 106(f), 106(g); 40103,           the surface at Merced Regional/                         prescribing regulations to assign the use
                                           40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,            Macready Field, Merced, CA, to                          of airspace necessary to ensure the
                                           1959–1963 Comp., p. 389.                                accommodate airspace redesign due to                    safety of aircraft and the efficient use of


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Document Created: 2018-10-27 01:07:52
Document Modified: 2018-10-27 01:07:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective 0901 UTC, February 28, 2019. 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 7400.11 and publication of conforming amendments.
ContactRichard Roberts, Federal Aviation Administration, Operations Support Group, Western Service Center, 2200 S 216th St, Des Moines, WA 98198-6547; telephone (206) 231-2245.
FR Citation83 FR 54234 
RIN Number2120-AA66
CFR AssociatedAirspace; Incorporation by Reference and Navigation (Air)

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