Let's discuss-- FAR 103.17-- ultralight flight in Class-E-to-surface "extensions"
(Edit 6/21/19-- this thread was originally intended largely as a request for information about past communications from the FAA on this topic. To cut to the chase as far as my best interpretation of the regulations is concerned, skip to post # 46: http://eaaforums.org/showthread.php?...ll=1#post76038 )
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I would like to open a discussion about where ultralight aircraft are or are not allowed to fly. Specifically focussed on one particular kind of airspace.
FAR 103.17 prohibits ultralight flight (without prior authorization from ATC) "within the lateral boundaries of the surface area of Class E airspace designated for an airport"--
This post focusses on Class-E-to-surface "extensions" that do NOT enclose the airport whose approaches they protect. Like the airspace within the dashed magenta lines here http://vfrmap.com/?type=vfrc&lat=32....14.606&zoom=10 or here http://vfrmap.com/?type=vfrc&lat=42....22.874&zoom=10 . We're NOT talking about Class-E-to-surface airspace that DOES enclose the airport whose approaches it protects, like this --http://vfrmap.com/?type=vfrc&lat=44....24.058&zoom=10
The underlying thrust of this post is that the airspace in the Class-E-to-surface "extensions"-- the airspace within the bits of Class-E-to-surface airspace that do NOT enclose the airport whose approaches they protect-- does NOT fall within the definition of airspace "within the lateral boundaries of the surface area of Class E airspace designated for an airport". More on this in my next post. I am aware of some FAA interpretations that agree with this view, but bureaucracy being what it is and the language of the regs being rather complex and unintuitive, I wouldn't be surprised if some FAA/ ATC personnel have issued statements that conflict with this view as well.
So, re the Class-E-to-surface "extensions" as illustrated in the above links, I would like folks to submit as many examples as they can of the following--
* instances where FAA/ ATC personnel have verbally stated that ultralights can not fly in this airspace w/o prior authorization (and up to what altitude the prohibition applied, if a ceiling altitude was stated)
* instances where FAA/ ATC personnel have verbally stated that ultralights can fly in this airspace w/o prior authorization
* any written (printed) statements from FAA/ ATC personnel, regardless of whether or not an official legal "interpretation", stating that ultralights can not fly in this airspace w/o prior authorization (and up to what altitude the prohibition applied, if a ceiling altitude was stated)
* any written (printed) statements from FAA/ ATC personnel, regardless of whether or not an official legal "interpretation", stating that ultralights can fly in this airspace w/o prior authorization
* any instance of airports with such class-E-to-surface "extensions", in which it is generally accepted by the local ultralight flying community that flight in such "extensions" is, or is not, allowed, w/o prior authorization-- and what this understanding is based on, if known. This question wouldn't apply to an ultralight pilot that took off in Class D airspace after getting prior authorization, but rather to an ultralight pilot that wanted to pass through one of the Class-E-to-surface "extensions" with no prior authorization of any kind. And if the understanding is that ultralight flight is not allowed in such "extensions" w/o prior authorization, up to what altitude is this prohibition thought to apply?
I'm not so much asking for people's own interpretations of what the "within the lateral boundaries of the surface area..." language means, but rather for examples of specific statements on the subject from FAA/ATC personnel, as well as for examples of specific airports where it is generally understood by the local ultralight flying community that ultralight flight in these airspaces is or is not allowed (w/o prior authorization.)
Thank you
SS
In a later post, I'll try to shed more light on why this airspace-- these Class-E-to-surface "extensions" that do NOT enclose the airports whose approaches they protect-- should NOT fall within the definition of airspace "within the lateral boundaries of the surface area of Class E airspace designated for an airport", based a close look at the letter of the FAR's, FAA order JO 7400, the AIM, the pilot-controller glossary, and other documents, and as reinforced by specific written statements from the FAA regarding FAR 91.157 and FAR 107.41. I'll also speak to why there is reason to suspect the FAA may soon issue an interpretation to the contrary, to safeguard the intention of some poorly-written language contained in recently passed legislation concerning Small Unmanned Aircraft (e.g. "drones, model airplanes). (Otherwise, it seems that the ONLY place that these SUA's will be allowed to exceed 400' AGL, while operating with no prior authorization and not in the immediate vicinity of structures (e.g. radio and TV broadcast towers), will be within the Class-E-to-surface "extensions" we've been discussing here. This would be a little odd, and is surely an oversight on somebody's part.)
In the meantime, please post any examples you can find re the cases described above, especially examples of written statements issued by FAA/ATC personnel on this subject. Thanks.
SS
Meaning of surface area designated for an airport
Quote:
Originally Posted by
martymayes
Those Class E surface area extensions you claim "do NOT enclose the airport whose approaches they protect--" do in fact depict lateral boundaries of the surface area of Class E airspace designated for an airport. This can be confirmed by looking at the airspace description for these airports in subpart E of FAA Order 7400.11C (incorporated by reference, see §71.1.
No, in subpart E of FAA order 7400.11C, the extensions that do NOT enclose the airport whose approaches they protect are described as (E3) "6003. Class E Airspace Areas Designated as an Extension.The Class E airspace areas listed below consist of airspace extending upward from the surface designated as an extension to a Class C surface area." and (E4) a. The Class E airspace areas listed below consist of airspace extending upward from the surface and designated as an extension to a Class B surface area.
In contrast to the dashed magenta lines that DO enclose the airports whose approaches they protect (E2): "6002. Class E Airspace Areas Designated as Surface Areas.The Class E airspace areas listed below are designated as a surface area for an airport."
S
Surface Area versus extension
Quote:
Originally Posted by
martymayes
The only reason to have a surface area would be in conjunction with an airport; it would make no sense to have a random block of Class E surface area out in the middle of nowhere.
This statement is true in the general sense, but it is not true in the bureaucratic or legalistic sense. The fact is that in FAA Order JO 7400.11C ( https://www.faa.gov/documentLibrary/...O_7400.11C.pdf ), the E2 airspace is named or designated as being "Designated as a Surface Area" and "designated as a surface area for an airport", while the E3 and E4 airspace is not. The E3 and E4 airspace is named as "designated as an extension." That's the whole essence of my argument. S
about those control zones--
Quote:
Originally Posted by
FlyingRon
Quote:
Originally Posted by
Bill Berson
I think you can get some ATC guidance from Advisory Circular 103.6 (AC 103.6)https://www.faa.gov/regulations_poli...cumentID/22639
Unfortunately, AC 103.6 appears so far out of date and was created before class E airspace was invented.
You would need more current advice
Surface area of class E airspace designated for an airport existed, it just went by a much simpler name: "Control Zone"
I agree with Marty. Surface Area of class E airspace designated for an airport includes the class E extensions to class D airspace.
Well, I'm afraid I don't agree with Marty.
But you are raising an interesting point here.
What is the history of how "control zones" turned into Class E "surface areas"?
"Control Zones" first appeared on charts in the mid-1940's (or at least by 1950) and often consisted of a thin dashed circle enclosing an airport-- originally red, later (by 1969) blue. Sometimes there were rectangular projections to enclose instrument approaches, giving a "keyhole" appearance, or other irregular shapes. By the time of this 1974 test-prep publication, control zones had been defined to go up to the overlying "Continental Control Area" at 14,500' MSL. At that time, most (but not all) towered airports had Control Zones around them, and some non-towered airports did too. By that time, special requirements in effect within a Control Zone included 3 miles visibility and a ceiling of at least 1000', unless a pilot was granted permission to fly under "special VFR" rules. Also by that time, an "Airport Traffic" area was a different thing from a "Control Zone", requiring radio communication with the tower for entry, with a standardized circular shape, a smaller standardized diameter and a much smaller, standardized vertical height. "Airport Traffic Areas" were not even depicted on sectional charts, because they were automatically present at all towered airports, and they were standardized in shape, diameter and height. Even though Airport Traffic Areas weren't depicted on sectional charts, they were referenced on the chart legend through at least mid 1983 in the language concerning towered airports, but by sometime in late 1988 that reference had been dropped.
Now, on to ultralights-- FAR 103 was adopted July 30 1982.
Originally, FAR 103.17 said that "No person may operate an ultralight vehicle within an airport traffic area, control zone, airport radar service area, terminal control area, or positive control area unless that person has prior authorization from the air traffic control facility having jurisdiction over that airspace".
Not until mid-to-late 1992 do we see dashed magenta lines (as opposed to magenta shading) appear on sectional charts. Originally, the chart legend for the dashed magenta line read as follows: "Control Zone at airport without control tower and Control Zone extension without communications requirement". The charts now contained dashed magenta lines that encircled the airports whose instrument approaches they protected-- this would be a "Control Zone at airport without control tower"-- as well as dashed magenta extensions abutting dashed blue lines encircling airports, or abutting higher classes of airspace such as TRSA's-- these would be "control zone extensions" and not actually "control zones". Presumably the "without communications requirement" applied in both cases. So now for the first time we have two different kinds of airspace enclosed by dashed magenta lines. We also still have control zones depicted by dashed blue lines-- by this time, those control zones did have a communications requirement, since one of their functions was to fill the role of the old "Airport Traffic Area". At the same time that the control zones (and control zone extensions) depicted by dashed magenta lines appeared on the chart, the charts started showing a designated, individualized ceiling for each control zone depicted by a dashed blue line, typically around 2500 AGL. This was a step toward the evolution of the current "Class D" airspace. No specific ceiling was shown on the chart for the control zones depicted by a dashed magenta line or for the control zone extensions depicted by a dashed magenta line-- these airspaces had no upper limit other than floor of a higher class of airspace somewhere above.
KEY POINT ----> Even after "control zone extensions" appeared on the sectional charts by mid-to-late 1992, FAR 103.17 never was modified to prohibit ultralights from entering "control zone extensions" without prior authorization from ATC.
In late 1993 the nation's airspace went through a substantial change in nomenclature, along with some changes in structure-- this when the current system of Classes A, B, C, D, and E came into use. By November 1993, all reference to "control zones" and "control zone extensions" vanished from the sectional charts. Now the chart legend simply said "Class D airspace" for the dashed blue lines and "Class E airspace" for the dashed magenta lines. The latter isn't terribly descriptive, given the abundance of Class E airspace-- the pilot was simply expected to understand that this was specifically a reference to the nature of the airspace right at the very surface of the earth.
This was also when the FAA's "Airspace Designations And Reporting Points" document, was revised to delete all references to control zones. According to the January 1 1993 CFR 14 17.1, the November 2 1992 version of this document (FAA Order 7400.7A) references "jet airways, area high routes, Federal airways, control areas, control area extensions, area low routes, control zones, transition areas, terminal control areas, airport radar service areas, positive control areas, reporting points, and other controlled airspace". According to the January 1 1994 CFR 14 17.1, the June 17 1993 version of this document (FAA Order 7400.9A) simply references "Class A, Class B, Class C, Class D, and Class E airspace areas and ..all reporting points".
This is when we get the awkward terminology in the headings of the Airspace Designations And Reporting Points document. The heading of the section describing the type of Class-E-to-surface airspaces that surround the airports they protect (i.e. E2 airspaces) is "Class E Airspace Areas Designated as a Surface Area". Wouldn't they have done better to title this section something like "Class-E-to-surface airspace areas designated for an airport"? The term "Surface Area" is inherently somewhat confusing, since the Class-E-to-surface "extensions" also go all the way down to the surface. As we've already noted though, the descriptive text following the titles clears things up-- the heading "Class E Airspace Areas Designated as a Surface Area" is followed by the descriptive sentence _"The Class E airspace areas listed below are designated as a surface area for an airport". We don't find this language attached to the headings for the Class-E-to-surface "extensions" (i.e. the E3 and E4 airspaces) For example,the E4 Class-E-to-surface "extensions" are described as "Class E Airspace Areas Designated as an Extension to a Class D or Class E Surface Area" ".
Around the same time-- specifically on September 16, 1993-- the text of FAR 103.17 was changed to include the current "No person may operate an ultralight vehicle within Class A, Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport unless that person has prior authorization from the ATC facility having jurisdiction over that airspace."
Given the context of all of the above, there's no reason to think the phrase "within the lateral boundaries of the surface area of Class E airspace designated for an airport" was intended to included the Class-E-to-surface "extensions" -- i.e. the E3 and E4 airspaces. Nowhere in the "Airspace Designations And Reporting Points" document do we see the E3 or E4 extensions referred to as a "Surface Area", or as "designated for an airport", or as "surface area of Class E airspace designated for an airport".
See the next post for more on this.
S
Difference between E2 and E3/ E4 airspace
How is E4 airspace described in FAA Order JO_7400.11C? ( https://www.faa.gov/documentLibrary/...O_7400.11C.pdf )?
The specific terms used to describe E4 airspace in FAA Order JO_7400.11C include "Class E Airspace Areas Designated as an Extension to a Class D or Class E Surface Area" (page x), and "Class E Airspace Areas Designated as an Extension to a Class D or Class E Surface Area. The Class E airspace areas listed below consist of airspace extending upward from the surface designated as an extension to a Class D or Class E surface area (page E-156)."
E3 airspace is described similarly, but as an extension to Class B or C airspace rather than to Class D or E airspace.
E3 and E4 airspace are depicted by dashed magenta lines that do NOT actually surround the airports whose approaches they protect. Examples-- E4-- the airspace in the dashed magenta shapes NNW and SSE of the Medford airport-- http://vfrmap.com/?type=vfrc&lat=42.374&lon=-122.874&zoom=10 . E3-- the airspace in the small dashed magenta shape NNE of Springfield Branson International airport-- http://vfrmap.com/?type=vfrc&lat=37....93.389&zoom=10 .
Now let's look at "E2" airspace. This is another kind of Class E airspace that goes all the way to the surface. E2 airspace is denoted by a dashed magenta line that completely surrounds the airport whose approaches it protects. Example-- The dashed magenta line around Newport Oregon denotes E2 airspace-- take a look at the sectional chart-- http://vfrmap.com/?type=vfrc&lat=44....24.058&zoom=10 .
The specific terms used to describe E2 airspace in FAA Order JO_7400.11C include "Class E Airspace Areas Designated as a Surface Area" (page vii), and "6002. Class E Airspace Areas Designated as Surface Areas. The Class E airspace areas listed below are designated as a surface area for an airport." (page E-1).
The language is kind of clunky here-- why is E2 airspace named / described as "Designated as Surface Areas" or "designated as a surface area for an airport", while E4 airspace is not, even though both types of airspace do extend all the way to the surface, and both types of airspace clearly have something to do with a nearby airport? Well, that's bureaucracy for you.
The FAA's "Airman's Information Manual" ( https://www.faa.gov/air_traffic/publ...d_10-12-17.pdf ), while not a legal document in the sense of FAA Order JO_7400.11C, also supports this distinction in terminology. On page 3-2-9, E2 airspace is described as "Surface area designated for an airport where a control tower is not in operation", while E4 airspace is described as "Extension to a surface area" or "Class E airspace extensions". Nowhere is E4 airspace described as "Designated as a Surface Area" or "Surface Area designated for an airport" or "Surface Area", or anything similar, even though E4 airspace DOES go all the way down to the surface.
The FAA's "Pilot-Controller Glossary" ( https://www.faa.gov/air_traffic/publ...G_10-12-17.pdf ) (page PCG S-8) also supports the idea that in the context of Class E airspace, the phrase "Surface Area" should be understood to mean the type of E-to-surface airspace that is "designated for an airport". I.e. E2 airspace, not the E4 "extensions", even though both types of airspace do go all the way to the surface.
This distinction also pertains to the issue of where a clearance may be granted for Special VFR operations. FAR 91.157 only allows for Special VFR operations "below 10,000 feet MSL within the airspace contained by the upward extension of the lateral boundaries of the controlled airspace designated to the surface for an airport." There's that phrase again-- "designated to the surface for an airport". The FAA holds that the phrase "designated to the surface for an airport" applies to E2 airspace and not E4 airspace, and does not offer clearance for Special VFR operations in E4 airspace. Read more about this at these three links --
https://aviation.stackexchange.com/q...ns/55806#55806
https://aviation.stackexchange.com/q...ns/55947#55947
https://aviation.stackexchange.com/q...ns/56045#56045
The last link above in particular is highly relevant and includes a response from the FAA ATO Western Service Center stating that
"Our opinion is that E4 airspace is not part of the airspace designated as the surface area for an airport. The surface area for an airport is D, C, or E2. Extensions are treated differently from surface areas designated for an airport, ie there is no communication requirement. In addition extensions, by definition in 7400.9, are not airspace designated as the "surface area for an airport"."
FAR 107.41 uses the phraseology "within the lateral boundaries of the surface area of Class E airspace designated for an airport" to describe where small unmanned aircraft (commercial drones) may not operate without prior authorization from ATC. The January 10 2018 FAA memorandum by Scott Gardner points out that according to the language of FAA Order JO_7400.11C, this includes E2 airspace but NOT E4 airspace. Read the memo here -- and pay special attention to the three attachments-- http://goldsealgroundschool.com/uav-...orizations.pdf -- the attachments are very enlightening.
The FAA's interactive UAS map also supports this distinction-- the E3 and E4 airspaces are clearly not included in the areas where prior authorization is required for commercial drone (UAS) flight -- https://faa.maps.arcgis.com/apps/web...06ebf6a06754ad
In short, as we look over these various documents, especially FAA Order JO_7400.11C, we are forced to the conclusion that ANY of the phrases "Surface Area" , "designated as a Surface Area", "designated for an airport", or "designated as a Surface Area for an airport", or anything similar, is sufficient to indicate that we are talking about E2 airspace (shown on chart by a dashed magenta line completely encircling the airport whose approaches it protects), not the E3 or E4 "extensions" (shown on chart by a dashed magenta line that abuts up against another dashed blue or magenta line that encircles the airport whose approaches are being protected.) Even though both the E2 and the E3 / E4 airspaces do extend all the way down to the surface.
For more, see https://aviation.stackexchange.com/q...io/55714#55714 . This answer also deals with the issue of how the present system of E2, E4, and other types of airspace, and the associated terminology, evolved over time from the mid-1940's onwards.
At the end of the day it's wise to keep in mind the following-- what is the fundamental purpose of the E3 and E4 extensions? It appears that the only purpose of the E3 and E4 extensions is to extend standard Class E cloud clearance and visibility requirements all the way to the surface, for the protection of IFR traffic emerging from clouds at low altitudes. That's all they do. You can legally fly there VFR--without speaking to anyone if you so desire-- but you can't skim the cloud-tops or cloud-bases like you can in Class G. So, there's no reason that these airspaces are fundamentally incompatible with ultralight activity, so long as it is carried out in prudent manner.
S
Re SVFR clearance and E4 extensions
Re the issue of whether a SVFR clearance may be issued for the E4 extensions as noted in the previous post--
Does this constitute an actual legal opinion from the FAA? Probably not. But it definitely bears on the topic, including the topic of what FAR 103.17 means by "within the lateral boundaries of the surface area of Class E airspace designated for an airport"
Below is a response from the FAA ATO Western Service Center.
Pay special attention to the very last paragraph
From the forum https://aviation.stackexchange.com/q...ns/56045#56045 --
Introductory comment--
"Sure, during my rotorcraft checkride, the DPE (Barry Llloyd) asked me, "if the field (KSTS) is IFR and you can get an SVFR clearance to depart, can you fly with SVFR cloud clearance/vis through the echo extensions. After a torturous discussion he finally showed me his long correspondence with the FAA and finally a letter from the FAA stating that there is no known mechanism to grant an SVFR clearance in a type 2 echo airpace (like at KSTS). I will reach out to Barry to try to get a copy of the letter.– John HutchinsonOct 12 '18 at 19:23"
Follow-up answer-- posted by John Hutchinson last edited October 15 2018--
"This is an answer to the question provided by my checkride examiner Barry Lloyd
On 01-26-2010, a query asking whether SVFR is available in Class E extensions was routed to FAA ATC Headquarters. Below is a response to that query from the FAA ATO Western Service Center:
"Our opinion is:
FAR 91.157 (a) ..."special VFR operations may be conducted"..."within the airspace contained by the upward extension of the lateral boundaries of the controlled airspace designated to the surface for an airport." This permits SVFR clearances within the vertical extension, not the lateral/horizontal extension of an airport designated surface area.
FAAO 7400.9T par 6002. Definition of Class E2 airspace: "The Class E airspace areas listed below are designated as a surface area for an airport."
FAAO 7400.9T par 6004. Definition of Class E4 airspace: "...airspace extending upward from the surface designated as an extension to a Class D or Class E surface area."
The language in FAR 91.157 exactly matches the language in FAAO 7400.9T par 6002. Par. 6004 does not match and the FAR does not permit SVFR operations in the lateral extension of a surface area designated for an airport; only within the vertical extension.
Presumably this could be corrected if we indeed want to provide for SVFR within lateral extensions, but it is currently not permitted.
There are other operational issues involved: eg. an extension to a Class D surface area where the tower provides SVFR services within the Class D airspace as is permitted via LOA. They cannot issue a SVFR clearance in the E4 extension. If permitted, the controlling agency, presumably the ARTCC would have to do this.
Our opinion is that E4 airspace is not part of the airspace designated as the surface area for an airport. The surface area for an airport is D, C, or E2. Extensions are treated differently from surface areas designated for an airport, ie there is no communication requirement. In addition extensions, by definition in 7400.9, are not airspace designated as the "surface area for an airport"."