[Federal Register Volume 62, Number 29 (Wednesday, February 12, 1997)]
[Rules and Regulations]
[Pages 6698-6701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3509]
[[Page 6697]]
_______________________________________________________________________
Part VII
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Part 71
Establishment of the Myrtle Beach International Airport Class C
Airspace Area, SC, and Revocation of the Myrtle Beach AFB Class D
Airspace Area, SC; Final Rule
Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 /
Rules and Regulations
[[Page 6698]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Airspace Docket No. 95-AWA-6]
RIN 2120-AA66
Establishment of the Myrtle Beach International Airport Class C
Airspace Area, SC, and Revocation of the Myrtle Beach AFB Class D
Airspace Area, SC
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action establishes a Class C airspace area at Myrtle
Beach International Airport, SC, and revokes the Class D airspace area
at Myrtle Beach AFB, SC. Myrtle Beach International Airport is a
public-use facility with a Level II control tower served by a Radar
Approach Control. The establishment of this Class C airspace area will
require pilots to maintain two-way radio communications with air
traffic control (ATC) while in Class C airspace. Implementation of the
Class C airspace, at this location promotes the efficient control of
air traffic and reduces the risk of midair collision in the terminal
area. Additionally, the graphic that accompanied the notice proposing
this action incorrectly identified the Grand Strand Airport in North
Myrtle Beach, SC. This action corrects that error.
EFFECTIVE DATE: 0901 UTC, March 27, 1997.
FOR FURTHER INFORMATION CONTACT: Patricia P. Crawford, Airspace and
Rules Division, ATA-400, Office of Air Traffic Airspace Management,
Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591; telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
Background
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 Terminal Radar
Service Areas (TRSA) 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 and 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, Procedures for
Handling Airspace Matters).
Related Rulemaking Actions
Airspace Reclassification which became effective September 16,
1996, 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 final rule.
The FAA has established Class C airspace areas at 121 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 an ARSA (a Class C airspace area)
in the preamble to Amendment No. 71-10 (50 FR 9252).
The Myrtle Beach International Airport is a public-use facility
with a Level II control tower serviced by a Radar Approach Control.
Passenger enplanements reported at Myrtle Beach International Airport
were 316,809, 274,531, and 290,295 for calendar years 1994, 1993, and
1992, respectively. This volume of passenger enplanements meets the FAA
criteria for establishing a Class C airspace area to enhance safety. In
addition, this action revokes the existing Class D airspace area at
Myrtle Beach AFB, SC.
Public Input
As announced in the Federal Register on June 29, 1994 (59 FR
33568), a pre-Notice of Proposed Rulemaking (NPRM) airspace meeting was
held on August 16, 1994, in Conway, SC. This meeting provided local
airspace users with an opportunity to present input on the design of
the proposed establishment of the Myrtle Beach, SC, Class C airspace
area.
On August 22, 1996, the FAA published an NPRM (61 FR 43320) that
proposed to designate a Class C airspace area at the Myrtle Beach
International Airport, SC. Interested parties were invited to
participate in this rulemaking effort by submitting comments on the
proposal to the FAA. In response to this NPRM, the FAA received two
comments, the Air Line Pilots Association and the South Carolina
Department of Commerce, Division of Aeronautics. Both commenters
supported the proposal.
[[Page 6699]]
The Rule
This amendment to part 71 of the Federal Aviation Regulations (l4
CFR part 71) establishes a Class C airspace area at the Myrtle Beach
International Airport and removes the Class D airspace area at Myrtle
Beach AFB, SC. The Myrtle Beach International Airport is a public-use
facility with a Level II control tower served by Radar Approach
Control. 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 Myrtle Beach Class C airspace area will be effective on March
27, 1997. The effective date for this final rule does not correspond
with a scheduled publication date for the appropriate aeronautical
chart for this area. The Myrtle Beach Class C airspace area will,
therefore, be published on the Charlotte Sectional Aeronautical Chart
effective August 14, 1997. In the interim, the FAA will disseminate
information regarding the implementation of the Myrtle Beach Class C
airspace area in the Notices to Airmen publication and will publish a
special notice in the Airport/Facility Directory to ensure that pilots
and airspace users are advised of the status. Additionally, the FAA's
Southern Regional Office will distribute Letters to Airmen that will
advertise the implementation of the airspace area. The revocation of
the Class D airspace area coincides with the effective date for the
Class C airspace area.
In addition, the graphic included in the NPRM incorrectly
identified the Grand Strand Airport in North Myrtle Beach, SC. This
action corrects that error. Except for editorial changes and the
correction to the airport name on the graphic, this amendment is the
same as that proposed in the notice. The coordinates in this document
are based on North American Datum 83. Class C and Class D airspace
designations are published in paragraphs 4000 and 5000, respectively,
of FAA Order 7400.9D dated September 4, 1996, and effective September
16, 1996, which is incorporated by reference in 14 CFR 71.1. 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
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act requires agencies to analyze the
economic effect of regulatory changes on small entities. Third, the
Office of Management and Budget directs agencies to assess the effect
of regulatory changes on small entities changes on international trade.
In conducting these analyses, the FAA has determined that this Final
Rule: (1) will generate benefits that justify its minimal costs and is
not ``a significant regulatory action'' as defined in the Executive
Order; (2) is not significant as defined in Department of
Transportation's Regulatory Policies and Procedures; (3) will not have
a significant impact on a substantial number of small entities; (4)
will not constitute a barrier to international trade; and (5) will not
contain any Federal intergovernmental or private sector mandate. These
analyses are summarized here in the preamble and the full Regulatory
Evaluation is in the docket.
Costs-Benefit Analysis
The FAA has determined that the establishment of Myrtle Beach Class
C airspace area will enhance operational efficiency (through the
implementation of additional air traffic control operating procedures)
and aviation safety (in the form of reduced risk of midair collision in
the newly established Class C airspace area).
Costs
Cost Impact on Aircraft Operators
This final rule will impose minimal, if any, costs on general
aviation aircraft or air carrier operators. This determination is based
on data contained in the most recent General Aviation and Avionics
Survey Report. The report indicates an estimated 82 percent of all
General Aviation (GA) aircraft operators are currently equipped with
two-way radios, which are required to enter Class C airspace. As of
December 30, 1990 all aircraft (except those without an electrical
system, balloons and gliders) flying in the vicinity of the Myrtle
Beach International Airport have been required to have a Mode C
transponder under Federal Aviation Regulations (14 CFR part 91.215).
The FAA assigns no aircraft equipment cost to this final rule because
the agency has already allocated those cost to the Mode C Rule,
requiring essentially all aircraft to be equipped with Mode C
transponders. The FAA has traditionally accommodated GA aircraft
operators without two-way radio communication equipment and operators
of aircraft without electrical systems, via letters of agreement, when
practical to do so without jeopardizing aviation safety. However, a few
aircraft operators will not request or receive letters of agreement,
and these operators will be required to utilize circumnavigation
procedures. The FAA has determined that operators could circumnavigate
around the newly established airspace (5 miles), over, or in certain
cases, under the airspace without significantly deviating from their
regular flight paths. Therefore, the FAA has determined the final rule
will impose minimal, if any, cost impact on any aircraft operators.
Cost Impact on the FAA
The FAA assumed responsibility for ATC at the Myrtle Beach
International Airport from the United States Air Force on December 27,
1992. In that same year, the agency conducted a review of the radar
system at Myrtle Beach. As a result of that review, the FAA decided to
expedite the replacement of the computer system and other radar
equipment. Myrtle Beach International Airport installed a new computer
system, after the FAA's 1992 review. Consequently, the agency will not
incur any additional cost for equipment (such as consoles) with the
establishment of Class C airspace. The newly established Class C
airspace area will also be able to function effectively with existing
personnel resources. Before this final rule becomes effective, the FAA
will distribute a Letter To Airmen to pilots residing within 50 miles
of the Class C airspace area. This one-time incurred cost of the
established rule will be approximately $535 dollars. The FAA already
systematically revises sectional charts every six months; therefore,
the final rule will not impose any additional charting cost on the
agency.
The FAA recognizes that delays might develop in the Myrtle Beach
airspace area following the initial establishment of the Class C
airspace area. However, those delays that may occur are typically
transitional in nature. Based on past experience at other locations,
the FAA concludes 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 separation standards.
[[Page 6700]]
Benefits
The number of aircraft operations and operational complexity has
been steadily increasing in the Myrtle Beach area. That activity has
now reached the level where the increased air traffic control provided
in Class C airspace is necessary to maintain safety. The FAA has
carefully studied existing and forecast activity in the area and
establishes by this rule the extent of Class C airspace necessary to
maintain operational safety now and into the foreseeable future. The
final rule will also enhance aircraft operational efficiency. Aircraft
operators in this type of airspace will receive additional information
in the form of traffic advisories and separation and sequencing of
arrivals.
Conclusion
In view of the minimal cost of compliance, enhanced aviation safety
and operational efficiency, the FAA has determined that the final rule
will be cost-beneficial.
Final 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 Federal regulations. The RFA requires a
Regulatory Flexibility Analysis if a final rule will have ``significant
economic impact on a substantial number of small entities.'' FAA Order
2100.14A outlines the FAA's procedures and criteria for implementing
the RFA.
The small entities that may potentially incur minimal, if any, cost
with the implementation of the final rule are operators of aircraft who
do not meet Class C airspace navigational equipment standards
(primarily parts 91, 121 and 135 aircraft without two-way radios and
Mode C transponders). The small entities potentially impacted by the
final rule will not incur any additional cost for navigational
equipment and more rigorous operating procedures because they routinely
fly into airspace where such requirements are already in place. As the
result the Mode C rule, all of these commercial operators are assumed
to have Mode C transponders. The FAA has traditionally accommodated GA
and other aircraft operators without two-way radio communication
equipment and Mode C transponders, via letters of agreement, when
practical to do so without jeopardizing safety. Therefore, the FAA has
determined that the final rule will not have a significant economic
impact on a substantial number of small entities.
International Trade Impact Assessment
The final rule will not constitute a barrier to international
trade, including the export of American goods and services to foreign
countries and the import of foreign goods and services into the United
States. This assessment is based on the fact that the final rule will
neither impose costs on aircraft operators nor aircraft manufacturers
(U.S. or foreign).
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 14 CFR part 71 continues to read as
follows:
Authority: 49 U.S.C. 106(g) 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 14 CFR 11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9D, Airspace Designations and
Reporting Points, dated September 4, 1996, and effective September 16,
1996, is amended as follows:
Paragraph 4000--Subpart C-Class C Airspace
* * * * *
ASO SC C Myrtle Beach, SC [New]
Myrtle Beach International Airport
(lat. 33 deg.40'47'' N., long. 78 deg.55'42'' W.)
That airspace extending upward from the surface to and including
4,000 feet MSL within a 5-mile radius of the Myrtle Beach
International Airport, and that airspace extending upward from 1,200
feet MSL to and including 4,000 feet MSL within a 10-mile radius of
the Myrtle Beach International Airport. This Class C airspace area
is effective during the specific dates and times of operation of the
Myrtle Beach Approach Control facility, as established in advance by
a Notice to Airmen. The effective date and times will thereafter be
continuously published in Airport/Facility Directory.
* * * * *
Paragraph 5000--Subpart D-Class D Airspace
* * * * *
ASO SC D Myrtle Beach AFB, SC [Removed]
* * * * *
Issued in Washington, DC, on February 6, 1997.
Jeff Griffith,
Program Director for Air Traffic Airspace Management.
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