[Federal Register Volume 59, Number 29 (Friday, February 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3247]
[[Page Unknown]]
[Federal Register: February 11, 1994]
_______________________________________________________________________
Part VII
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Part 71
Establishment of the Asheville Regional Airport Class C Airspace Area,
NC, and Revocation of the Asheville Class D Airspace Area, NC; Final
Rule
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Airspace Docket No. 92-AWA-8]
Establishment of the Asheville Regional Airport Class C Airspace
Area, NC, and Revocation of the Asheville Class D Airspace Area; NC
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action establishes a Class C airspace area at the
Asheville Regional Airport, and revokes the Class D airspace area at
Asheville, NC. Asheville Regional Airport is a public-use facility with
an operating control tower served by a Level II Terminal Radar Approach
Control Facility (TRACON) at which a Terminal Radar Service Area (TRSA)
is currently in effect. The establishment of this Class C airspace area
will require pilots to establish two-way radio communications with the
air traffic control (ATC) facility providing air traffic services prior
to entering the airspace and thereafter maintain those communications
while within the Class C airspace area. Implementation of the Asheville
Regional Airport Class C airspace area will promote the efficient
control of air traffic and reduce the risk of midair collision in the
terminal area.
EFFECTIVE DATE: 0901 UTC, March 31, 1994.
for further information contact: Norman W. Thomas, Airspace and
Obstruction Evaluation Branch (ATP-240), Airspace-Rules and
Aeronautical Information Division, Air Traffic Rules and Procedures
Service, Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591; telephone: (202) 267-9230.
SUPPLEMENTARY INFORMATION:
History
On April 22, 1982, the National Airspace Review (NAR) plan was
published in the Federal Register (47 FR 17448). The plan encompassed a
review of airspace use and procedural aspects of the ATC system. Among
the main objectives of the NAR was the improvement of the ATC system by
increasing efficiency and reducing complexity. In its review of
terminal airspace, NAR Task Group 1-2 concluded that TRSA's should be
replaced. Four types of airspace configurations were considered as
replacement candidates, and Model B, the Airport Radar Service Area
(ARSA) configuration, was recommended by a consensus of the task group.
The FAA published NAR Recommendation 1-2.2.1, ``Replace Terminal
Radar Service Areas with Model B Airspace and Service'' in notice 83-9
(48 FR 34286, July 28, 1983) proposing the establishment of ARSA's at
the Robert Mueller Municipal Airport, Austin, TX, and the Port of
Columbus International Airport, Columbus, OH. ARSA's were designated at
these airports on a temporary basis by Special Federal Aviation
Regulation No. 45 (48 FR 50038, October 28, 1983) to provide an
operational confirmation of the ARSA concept for potential application
on a national basis.
Following a confirmation period of more than a year, the FAA
adopted the NAR recommendation and, on February 27, 1985, issued a
final rule (50 FR 9252, March 6, 1985) defining ARSA airspace and
establishing air traffic rules for operation within such an area.
Concurrently, by separate rulemaking action, ARSA's were
permanently established at the Austin, TX, Columbus, OH, and the
Baltimore/Washington International Airports (50 FR 9250, March 6,
1985). The FAA stated that future notices would propose ARSA's for
other airports at which TRSA procedures were in effect.
A number of problems with the TRSA program were identified by the
NAR Task Group. The task group stated that because of the different
levels of service offered in terminal areas, users are not always sure
of what restrictions or privileges exist or how to cope with them.
According to the NAR Task Group, there is a shared feeling among users
that TRSA's are often poorly defined, are generally dissimilar in
dimensions, and encompass more area than is necessary or desirable.
There are other users who believe that the voluntary nature of the TRSA
does not adequately address the problems associated with
nonparticipating aircraft operating in relative proximity to the
airport and associated approach and departure courses. The consensus
among the user organizations is that within a given standard airspace
designation, a terminal radar facility should provide all pilots the
same level of service and in the same manner, to the extent feasible.
Additionally, the NAR Task Group recommended that the FAA develop
quantitative criteria for establishing ARSA's at locations other than
those which were included in the TRSA replacement program. The task
group recommended that these criteria include, among other things,
traffic mix, flow density, airport configuration, geographical
features, collision risk assessment, and ATC capabilities to provide
service to users. These criteria have been developed and are being
published via the FAA directives system (Order 7400.2D).
Airspace Reclassification, which became effective September 16,
1993, discontinued the use of the term ``airport radar service area''
and replaced it with the designation ``Class C airspace area.'' This
change in terminology is reflected in this rule.
The FAA has established Class C airspace areas at 120 locations
under a paced implementation plan to replace TRSA's with Class C
airspace areas.
This rule establishes a Class C airspace area at a location which
was not identified as a candidate for a Class C airspace area in the
preamble to Amendment No. 71-10 (50 FR 9252). The Asheville Regional
Airport did not meet the numerical Class C airspace area criteria
candidacy as set by the NAR Task Group at that time.
The Asheville Regional Airport is a public-use airport with an
operating control tower served by a Level II TRACON, at which a TRSA is
in effect. A TRSA consists of the airspace surrounding a designated
airport where ATC provides radar vectoring, sequencing, and separation
for all aircraft operating under instrument flight rules (IFR) and for
participating aircraft operating under visual flight rules (VFR). TRSA
airspace and operating rules are not established by regulation, and
participation by pilots operating in the TRSA under VFR is voluntary,
although pilots are urged to participate. This level of service is
known as Stage III and is provided at all locations identified as
TRSA's.
Current symptoms of potential safety problems within the Asheville
TRSA, which indicate a need for Class C airspace, include the volume of
passenger enplanements and the complexity of aircraft operations at
Asheville. Complexity refers to air traffic conditions resulting from a
mix of VFR and IFR aircraft that vary widely in speed and
maneuverability. As this mix increases, so does the potential for
midair collisions. The volume of passenger enplanements at Asheville
for calendar year 1990 was 268,683, for calendar year 1991 was 261,740,
and for January-September 1992 was 215,068. This volume of passenger
enplanements and aircraft operations meets the FAA criteria for
establishing Class C airspace to enhance safety.
On July 23, 1993, the FAA proposed to designate a Class C airspace
area at the Asheville Regional Airport, NC (58 FR 39479). Interested
parties were invited to participate in this rulemaking proceeding by
submitting comments on the proposal to the FAA. Two comments were
received in support of the proposal from the Aircraft Owners and Pilots
Association and the Air Line Pilots Association.
The Rule
This amendment to part 71 of the Federal Aviation Regulations (14
CFR part 71) establishes a Class C airspace area at the Asheville
Regional Airport and revokes the Class D airspace area at Asheville,
NC. Asheville Regional Airport is a public airport with an operating
control tower served by a Level II TRACON, at which a TRSA is in
effect. The establishment of this Class C airspace area will require
pilots to establish two-way radio communications with the ATC facility
providing air traffic services prior to entering the airspace and
thereafter maintain those communications while within the Class C
airspace area. Implementation of the Class C airspace area will promote
the efficient control of air traffic and reduce the risk of midair
collision in the terminal area.
The coordinates in this document are based on North American Datum
83. Except for editorial changes and the revocation of the Class D
airspace area in Asheville, NC, this amendment is the same as that
proposed in the notice. Class C and Class D airspace designations are
published in paragraphs 4000 and 5000, respectively, of FAA Order
7400.9A dated June 17, 1993, and effective September 16, 1993, which is
incorporated by reference in 14 CFR 71.1 (58 FR 36298, July 6, 1993).
The Class C airspace area listed in this document will be published
subsequently in the Order and the Class D airspace area listed in this
document will be removed subsequently from the Order.
Regulatory Evaluation Summary
The FAA has determined that this final rule is not a ``significant
regulatory action,'' as described by Executive Order 12866 (Regulatory
Planning and Review). The anticipated costs and benefits associated
with this final rule are summarized below. (A detailed discussion of
costs and benefits is contained in the full evaluation in the docket
for this final rule).
Costs
The FAA has determined that establishing the Asheville Class C
airspace area will impose one-time administrative cost of $535
(discounted, 1992 dollars) on the FAA. For the aviation community
(namely, aircraft operators and fixed-based operators), the final rule
will impose only negligible costs. The potential coast associated with
establishing the Asheville, NC, Class C airspace area are discussed
below.
1. Potential FAA Administrative Costs (air traffic controller
staffing, controller training, and facility equipment costs).
For the Asheville Class C airspace area (and the Class C airspace
area program in general), the FAA does not expect to incur any
additional costs for ATC staffing, training, or facility equipment. The
FAA is confident that it can handle any additional traffic that will
participate in radar services at the Asheville Class C airspace area
site through more efficient use of personnel at current authorized
staffing level. The FAA expects to train its controller force at
Asheville in Class C airspace area procedures during regularly
scheduled briefing sessions routinely held at Asheville, NC. Thus, no
additional training costs are expected. No significant equipment
requirements are anticipated.
2. Other potential FAA Administrative Costs (revision of charts,
notification of the public, and pilot education).
Establishment of Class C airspace areas throughout the country has
made it necessary, and will continue to make it necessary, to revise
section charts to remove existing airspace depictions and incorporate
the new Class C airspace area boundaries. The FAA currently revises
these sectional charts every 6 months. Changes of the type required to
depict a Class C airspace area are made routinely during these charting
cycles, and can be considered an ordinary operating costs. Thus, the
FAA does not expect to incur any additional charting costs as a result
of the Asheville, NC, Class C airspace area. Pilots should not incur
additional costs obtaining current charts depicting Class C airspace
areas because they should be using only current charts.
The FAA holds informal public meetings at each Class C airspace
area location. These meetings provide pilots with the best opportunity
to learn both how a Class C airspace area works and how it will affect
their local operations. The costs associated with these public meetings
are incurred regardless of whether a Class C airspace area is
ultimately established. Thus, they are more appropriately considered
routine FAA costs. Given that the proposed Class C airspace area is
becoming a final rule, subsequent public information costs will be
strictly attributed to the final rule. For instance, the FAA will
distribute a Letter to Airmen to all pilots residing within 50 miles of
the Asheville Class C airspace area that will explain the operation and
airspace configuration of the new Class C airspace area. The Letter to
Airmen cost will be approximately $535 (discounted). This one-time
negligible cost will be incurred upon the initial establishment of the
Class C airspace area.
3. Potential Costs to the Aviation Community (circumnavigation
delays, and radio communications).
The FAA anticipates that some pilots who currently transit the
terminal area without establishing radio communications or
participating in Stage III services may choose to circumnavigate the
Class C airspace area without significantly deviating from their
regular flight paths. They could also remain clear of the Class C
airspace area by flying above the ceiling (6,200 feet MSL). The FAA
estimates that the final rule will have a negligible, if any, cost
impact on non-participating general aviation (GA) aircraft operations
because of the small deviations from current flight paths imposed on
these operations. The FAA recognizes that delays might develop at
Asheville, NC, following the initial establishment of the Class C
airspace area. The additional traffic that ATC will be handling due to
the mandatory pilot participation requirement may result in minor
delays to aircraft operations. However, these delays that might occur
will be transitional in nature. The FAA contends that any potential
delays will eventually be more than offset by the increased flexibility
afforded controllers in handling traffic as a result of Class C
airspace area separation standards. This has been the experience at the
three Class C airspace areas that have been in effect for the longest
period of time as well as at more recently established Class C airspace
areas. The FAA does not anticipate that establishing a Class C airspace
area at Asheville, NC, will result in any problems, and the FAA expects
a smooth transition process, which has characterized the majority of
Class C airspace area sites established to date.
The FAA assumes that nearly all aircraft operating in the vicinity
of the Class C airspace area already have two-way radio communications
capability because of the Mode C requirement that has been in effect
since December 1990.
Benefits
The Asheville, NC, Class C airspace area will generate potential
safety benefits in the form of lowered risks of midair collisions due
to increased controlled airspace around Asheville for several reasons.
First, the Asheville, NC, Airport is located in a very mountainous area
with relatively high minimum safe altitudes surrounding the airport
which tends to force the mixture of all aircraft into and out of the
same valleys and tunnels. Second, the terrain and lack of available
airspace causes local flying schools to utilize the same practice areas
for flight training. Finally, the arrivals and departures all funnel in
and out of the valley which does not allow for dedicated arrival and
departure routes.
Based on the increased risk of a midair collision at Asheville, the
FAA is establishing a Class C airspace area to prevent a safety problem
from occurring. These symptoms are the volume of passenger enplanements
and the complexity of aircraft operations at Asheville, NC. The volume
of passenger enplanements at Asheville for calendar year 1990 was
268,683, for calendar year 1991 was 261,740, and for January-September
1992 was 215,068. This volume of passenger enplanements and aircraft
operations have made Asheville, NC, eligible to become a Class C
airspace area.
The Class C airspace area program has the potential for reducing
the risk of a midair collision by reducing the number of near-midair
collisions (NMAC). In a study of NMAC data, the FAA's Office of
Aviation Safety (ASF) found that approximately 15 percent of reported
NMAC's occur in Terminal Radar Service Area (TRSA) airspace. This study
found that about half of all NMAC's occur in the 1,000 to 5,000 feet
altitude range, which is closely comparable to the altitudes where
pilot participation will be mandatory in the Class C airspace. This
study also found that over 85 percent of NMAC's occur under VFR
conditions when visibility is 5 miles or greater. Finally, the study
found that the largest number of NMAC reports were associated with IFR
operator under radar control conflicting with VFR traffic during VFR
flight conditions below 12,500 feet. The mandatory participation
requirements of the Class C airspace area and the radar services
provided by ATC to VFR as well as IFR pilots will help alleviate such
conflicts.
A study conducted by the Engineering & Economics Research, Inc.,
for the NAR Task Group reviewed NMAC data for Austin and Columbus
during the 1978 to 1984 period. This study found that the presence of
an ARSA (a Class C airspace area) reduced the probability of NMAC
occurrence by 38 percent at Austin and 33 percent at Columbus. Another
FAA study estimated that the potential for NMAC's could be reduced by
about 44 percent. Since near midair and actual midair collisions result
from similar casual factors, a reduction in near midair collisions as a
result of the Class C airspace area program suggests that a reduction
in the risk of midair collisions will also happen.
The Office of Aviation Policy, Plans, and Management Analysis study
of the Class C airspace area confirmation sites included a detailed
analysis to determine if a reduction in midair collision risk might
result from replacing a TRSA with a Class C airspace area. The
collision risk analysis was based on the experience at Columbus because
recorded radar data through Automated Radar Terminal System (ARTS III-
A) extraction was available there. The study focused on conditions of
fairly heavy VFR activity in the terminal radar area since the Class C
airspace area affects procedures used to handle VFR traffic there. The
analysis examined the intersections of flight paths before and after
the Class C airspace area was installed because the replacement of a
TRSA with a Class C airspace area might alter the routes of travel,
particularly for aircraft that did not previously participate in the
TRSA. The flight path analysis focused on the areas immediately around,
under, and over the Class C airspace area, and determined that there
was no compression of traffic in this airspace following installation
of the Class C airspace area. In the absence of compression, the study
concluded that the mandatory participation requirement for all aircraft
operating within the Class C airspace area resulted in a 75 percent
reduction in midair collision risk.
The circumstances observed at the Columbus test site may not be the
same at other TRSA locations and the 75 percent reduction in midair
collision risk measured there may not be achieved at other Class C
airspace area sites. Therefore, the FAA conservatively estimates that
the Class C airspace area program will reduce the risk of a midair
collision by 50 percent at TRSA locations.
The reduction of midair collision risks by 50 percent will result
in the prevention of one midair collision nationally every one to two
years. The quantifiable benefits of preventing a midair collision can
range from less than $160,000 by preventing a minor non-fatal collision
between GA aircraft to $313 million by preventing a midair collision
involving a passenger jet airplane. Establishment of the Asheville, NC,
Class C airspace area will contribute to this improvement in aviation
safety.
Ordinarily, the benefit of a reduction in the risk of midair
collisions from establishing a Class C airspace area will be attributed
entirely to the Class C airspace area program. However, an
indeterminant amount of the benefits has to be credited to the
interaction of the Class C airspace area (and the Class C airspace area
program in general) with the Mode C Rule, which in turn interacts with
the Traffic Alert Collision Avoidance System (TCAS) Rule. That is
because the benefits of the Asheville, NC, Class C airspace area, as
well as other designated airspace actions that require Mode C
transponders, cannot be separated from the benefits of the Mode C and
TCAS Rules. The Class B airspace and Class C airspace area programs
(including the Asheville, NC, Class C airspace), plus the Mode C and
TCAS Rules share potential benefits totaling $4.2 billion in 1992
dollars.
Comparison of Costs and Benefits
The FAA has determined that the final rule to establish a Class C
airspace area at Asheville, NC, will impose a negligible cost of $535
on the agency. The total cost of the Mode C and TCAS rules and the
Class B and Class C airspace programs is $991 million. When this cost
estimate of $535 is added to the total cost of these rules, the costs
will still be less than $4.2 billion. The final rule will also generate
some benefits in the form of enhanced operational efficiency. In
addition, the final rule will only impose negligible additional costs
to the aviation community. Thus, the FAA believes that the final rule
will be cost-beneficial.
International Trade Impact Assessment
The final rule will only affect U.S. terminal airspace operating
procedures at and in the vicinity of Asheville, NC. The final rule will
not impose a competitive trade advantage or disadvantage on foreign
firms in the sale of either foreign aviation products or services in
the United States. In addition, domestic firms will not incur a
competitive trade advantage or disadvantage in either the sale of
United States aviation products or services in foreign countries.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) was enacted by
Congress to ensure that small entities are not unnecessarily and
disproportionately burdened by government regulations. Small entities
are independently owned and operated small businesses and small not-
for-profit organizations. The RFA requires agencies to review rules
that may have ``a significant economic impact on a substantial number
of small entities.''
Under FAA Order 2100.14A entitled Regulatory Flexibility Criteria
and Guidance, a significant economic impact means annualized net
compliance costs to an entity, which when adjusted for inflation is
greater than or equal to the threshold cost level for that entity. A
substantial number of small entities means a number that is eleven or
more and is more than one-third the number of small entities subject to
a proposed or existing rule.
For the purpose of this evaluation, the small entities that will be
potentially affected by the final rule are fixed-base operators, flight
training operations, and other small aviation businesses located at the
Asheville, NC, Airport. Any additional costs that these entities are to
incur have already been taken into account in the Mode C Rule.
Moreover, there were no comments addressing the economic impact of the
proposed rule. The FAA concludes that the additional airspace
restrictions imposed by the Class C airspace area should not have an
adverse impact on small entities.
Federalism Implications
The regulations adopted herein will not have substantial direct
effects on the states, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this rule
would not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
Conclusion
For the reasons discussed under ``Regulatory Evaluation,'' the FAA
has determined that this rule (1) is not a ``significant regulatory
action'' under Executive Order 12866; and (2) is not a ``significant
rule'' under DOT Regulatory Policies and Procedures (44 FR 11034,
February 26, 1979). It is also certified that this rule does not
require preparation of a Regulatory Flexibility Analysis under the RFA.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for part 71 continues to read as follows:
Authority: 49 U.S.C. app. 1348(a), 1354(a), 1510; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR
11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9A, Airspace Designations and
Reporting Points, dated June 17, 1993, and effective September 16,
1993, is amended as follows:
Paragraph 4000--Subpart C--Class C Airspace
* * * * *
ASO NC C Asheville, NC [New]
Asheville Regional Airport, NC
(lat. 35 deg.26'10'' N., long. 82 deg.32'31'' W.)
That airspace extending upward from the surface to and including
6,200 feet MSL within 3 miles either side of the extended runway
centerline within a 5-mile radius of the Asheville Regional Airport;
and that airspace north and south of the airport extending upward
from 4,300 feet MSL to and including 6,200 feet MSL within 3 miles
either side of the extended runway centerline at points on a 5-mile
radius of the airport expanding to within 5 miles either side of the
extended runway centerline at points on a 10-mile radius of the
airport. This Class C airspace area is effective during the specific
days and hours of operation of the Asheville Tower and Approach
Control as established in advance by a Notice to Airmen. The
effective dates and times will thereafter be continuously published
in the Airport/Facility Directory.
* * * * *
Paragraph 5000--Subpart D--Class D Airspace
* * * * *
ASO NC D Asheville, NC [Removed]
* * * * *
Issued in Washington, DC, on February 3, 1994.
Willis C. Nelson,
Acting Manager, Airspace-Rules and Aeronautical Information Division.
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