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Proposed Rule

Proposed Modification of Class D Airspace; Castle Airport, Atwater, CA

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Federal Aviation Administration (FAA), DOT.


Notice of proposed rulemaking.


This action proposes to modify Class D airspace at Castle Airport, Atwater, CA. This proposal would reduce the ceiling of the Atwater, CA, Class D airspace to below 2,000 feet mean sea level (MSL), change the southern boundary of the airspace and add an extension to the north to provide controlled airspace for the safety of aircraft executing Standard Instrument Approach Procedures (SIAPs) and other Instrument Flight Rules (IFR) operations at Castle Airport.


Comments must be received on or before July 13, 2007.


Send comments on this proposal to the Docket Management System, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Ave., SE., Washington, DC 20590; telephone: (202) 366-9826. You must identify FAA Docket No. FAA-2007-28139 and Airspace Docket No. 07-AWP-3, at the beginning of your comments. You may also submit comments through the Internet at

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Kathryn Higgins, Team Manager, System Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057; telephone (425) 917-6715.

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Comments Invited

Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal.

Communications should identify both docket numbers (Docket No. FAA-2007-28139/Airspace Docket No. 07-AWP-3) and be submitted in triplicate to the Docket Management System (see ADDRESSES section for address and phone number). You may also submit comments through the Internet at

Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2007-28139 and Airspace Docket No. 07-AWP-3.” The postcard will be date/time stamped and returned to the commenter.

All communications received on or before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this action may be changed in light of the comments received. All comments submitted will be available for examination in the public docket both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket.

Availability of NPRMs

An electronic copy of this document may be downloaded through the Internet at Recently published rulemaking documents can also be accessed through the FAA's Web page at or the Federal Register's Web page at​fr/​index.html.

You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office (see ADDRESSES section for address and phone number) between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the office of the Regional Air Traffic Division, Federal Aviation Administration, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057.

Persons interested in being placed on a mailing list for future NPRM's should contact the FAA's Office of Rulemaking, (202) 267-9677, for a copy of Advisory Circular No. 11-2A, Notice of Proposed Start Printed Page 29456Rulemaking Distribution System, which describes the application procedure.

The Proposal

The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) part 71 to modify Class D airspace at Castle Airport, Atwater, CA. Local communities and aviation concerns met with the FAA on April 26, 2007, at Atwater, CA, to present alternative airspace designs for the existing Class D airspace at Atwater, CA, Castle Airport. The various airspace alternatives presented were designed to accommodate IFR and Visual Flight Rules (VFR) operations in and out of Merced Airport located 6 miles to the south. The FAA, local communities, and aviation concerns agreed on an alternative that would reduce the ceiling of the Class D airspace, modify the southern border, and add an extension on the north side of the Class D for the safety of aircraft executing SIAP's and other IFR operations at Castle Airport. Class D airspace will be effective during specified dates and times established in advance by a Notice to Airmen. The effective date and time will, thereafter, be published in the Airport/Facility Directory.

Class D airspace designations for airspace areas extending upward from the surface of the earth are published in Paragraph 5000 of FAA Order 7400.9P, dated September 1, 2006, and effective September 15, 2006, which is incorporated by reference in 14 CFR 71.1. The Class D airspace designation listed in this document would be published subsequently in the Order.

The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this proposed regulation; (1) Is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this proposed 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.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows:

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1. The authority citation for 14 CFR part 71 continues to read as follows:

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Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., 389.

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2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9P, Airspace Designations and Reporting Points, dated September 1, 2006, and effective September 15, 2006, is amended as follows:

Paragraph 5000 Class D Airspace.

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AWP CA D Castle Airport, Atwater, CA [Revised]

Castle Airport, Atwater, CA

(Lat. 37°22′50″ N, long. 120°34′05″ W.)

That airspace extending upward from the surface to but not including 2,000 feet MSL beginning at lat. 37°20′22″ N., long. 120°38′49″ W. and extending clockwise around the 4.5 nautical mile radius of the Castle Airport to lat. 37°20′02″ N., long. 120°29′39″, thence to the point of beginning and within 1.9 miles each side of the El Nido VORTAC 320° radial from the 4.5 nautical mile radius to 17.6 miles from the El Nido VORTAC. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective dates and time will thereafter be continuously published in the Airport/Facility Directory.

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Issued in Seattle, Washington, on May 11, 2007.

Clark Desing,

Manager, System Support Group Western Service Center.

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[FR Doc. E7-10257 Filed 5-25-07; 8:45 am]