Expert: David Bidwell - 9/18/2006

Question
David,

Thanks so much for your very quick response.  Sounds like you have a good grip on this.  

Roger on the VFR weather mins and roger on the AIM not being regulatory, but if I understand correctly it is an FAA publication. I also understand the controller's concern about keeping the approach path safe and therefore would certainly elect to communicate with them and let them know I was operating in the Class E extension in VMC conditions.  I just want to know if they have the authority to tell me I can't be there when I do.

I have gotten many different explanations on this very same question from "as a general rule, if the extension is 2 miles or less, tower can deny entry" to "there may be a special agreement..."  I have never heard of such craziness.  If it's a rule, it's a rule and should be in the FARs.  I'm just trying to clear this up.  Even the FSDO representative for the area didn't know.

The story is, I fly for the Sheriff's Department and this wouldn't even be an issue for me unless the guys on the ground didn't need the help in the Class E.  I would be well below any aircraft on the approach and refuse to just accept the "because I said so" explantion.

Thanks again David,

Scott
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Followup To

Question -
David,

I fly in the San Diego area.  In the north part of San Diego County is an airport called Palomar-McClellan.  It is a Class D with two Class E surface area extensions to help facilitate instrument approaches when the Class D is operating under IFR.  Palomar Tower is under the impression that when they are calling the Class D IMC, that the Class E surface area becomes under their control and they can deny aircraft entry into it.  I have found nothing in the FARs that say that.

On the contrary, in the AIM, I found a section (3-16 (e)(2)) which reads:

Extension to a surface area: "... Such airspace provides controlled airspace to contain standard instrument approach procedures WITHOUT IMPOSING A COMMUNICATIONS REQUIREMENT ON PILOTS OPERATING UNDER VFR."

Often, although the Class D may be IMC, the Class E to the east (further inland and away from the marine layer of clouds) is very much VMC.  Therefore, I was under the impression a VFR pilot wishing to pass through or loiter in that Class E was good to go.

Is there a regulatory section that would forbid a pilot operating under VFR in VMC from doing this?  If so, what is it?

Thanks Much,

Scott

Answer -
Hi Scott,
First let's refer to FAR 71.71 Class E airspace.  In short, the class E airspace is controlled airspace. You might want to think of it as controlled by weather minimums. (Keep in mind that the AIM is NOT regulatory)The extension to the surface area is an extension of a Federal Airway.  So what does it all mean?  First off, you are correct about the AIM definition: Extension to a surface area: "... Such airspace provides controlled airspace to contain standard instrument approach procedures WITHOUT IMPOSING A COMMUNICATIONS REQUIREMENT ON PILOTS OPERATING UNDER VFR." The only question here then is, what is VFR?  Be sure to refer to FAR 91.155.  "Less than 10,000 feet MSL, visibility 3 statute miles and distance from clouds 500 below, 2,000 horizontal, and 1,000 above"  Other than that, there is no regulation that would forbid a pilot operating in Class E airspace.

I am impressed that you have done your homework.  Please take some advice however, as you know, the controllers are trying to keep the airspace safe.  Consider their willingness to watch out for pilots in any airspace a blessing.  You are obviously a concientious pilot.  I wish there were more.  
Dave  

Answer
Scott,
You are right.  There is no rule.  If the controllers need to have that airspace then they will change its designation.  Be sure to keep current with class II NOTAMS just in case.  Sometimes there are special agreements.  However, that is an agreement, not a regulation. It sounds like the controllers have a need for that airspace.  They should follow the proper channels.  I find it distressing that your FSDO is unable to clarify this for you.