[Federal Register Volume 59, Number 41 (Wednesday, March 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4714]
[[Page Unknown]]
[Federal Register: March 2, 1994]
_______________________________________________________________________
Part II
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
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14 CFR Part 71
Proposed Alteration of the Charlotte, NC, Class B Airspace Area;
Proposed Rule
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Airspace Docket No. 92-AWA-6]
RIN 2120-AF02
Proposed Alteration of the Charlotte, NC, Class B Airspace Area
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This notice proposes to alter the Charlotte, NC, Class B
airspace area. This proposal would maintain the upper limit of the
Charlotte, Class B airspace area at 10,000 feet mean sea level (MSL)
and redefine several existing subareas to improve air traffic
procedures. The primary goal of this Class B airspace area modification
is to improve safety while providing the most efficient use of the
terminal airspace. This action is intended to improve the flow of
traffic and increase safety in the Charlotte/Douglas terminal area.
Airspace Reclassification, in effect as of September 16, 1993, has
discontinued the use of the term ``Terminal Control Area,'' replacing
it with the term ``Class B airspace area.''
DATES: Comments must be received on or before May 2, 1994.
ADDRESSES: Send comments on the proposal in triplicate to: Federal
Aviation Administration, Office of the Chief Counsel, Attention: Rules
Docket (AGC-200), Airspace Docket No. 92-AWA-6, 800 Independence
Avenue, SW., Washington, DC 20591.
The official docket may be examined in the Rules Docket, Office of
the Chief Counsel, room 916, 800 Independence Avenue, SW., Washington,
DC, weekdays, except Federal holidays, between 8:30 a.m. and 5 p.m. An
informal docket may also be examined during normal business hours at
the office of the Regional Air Traffic Division.
FOR FURTHER INFORMATION CONTACT: Mr. Lewis W. Still, 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) 267-9250.
SUPPLEMENTARY INFORMATION:
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 the airspace docket number and be
submitted in triplicate to the address listed above. Commenters wishing
the FAA to acknowledge receipt of their comments on this notice must
submit with those comments a self-addressed, stamped postcard on which
the following statement is made: ``Comments to Airspace Docket No. 92-
AWA-6.'' 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 notice may be changed
in light of comments received. All comments submitted will be available
for examination in the Rules 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 also be filed in
the docket.
Availability of NPRM's
Any person may obtain a copy of this Notice of Proposed Rulemaking
(NPRM) by submitting a request to the Federal Aviation Administration,
Office of Public Affairs, Attention: Public Inquiry Center, APA-220,
800 Independence Avenue, SW., Washington, DC 20591, or by calling (202)
267-3485. Communications must identify the notice number of this NPRM.
Persons interested in being placed on a mailing list for future NPRM's
should also request a copy of Advisory Circular No. 11-2A, Notice of
Proposed Rulemaking Distribution System, which describes the
application procedure.
Related Rulemaking Actions
On May 21, 1970, the FAA published Amendment 91-78 to part 91 of
the Federal Aviation Regulations (35 FR 7782), which provided for the
establishment of Terminal Control Areas (TCA's).
On February 3, 1987, the FAA published a final rule that
established requirements pertaining to the use, installation,
inspection, and testing of Air Traffic Control Radar Beacon System
(ATCRBS) and Mode S transponders in U.S.-registered civil aircraft (53
FR 3380). The rule did not affect the requirement to have an operable
transponder in a TCA.
On June 21, 1988, the FAA published a final rule that requires
aircraft to have Mode C equipment when operating below 10,000 feet MSL
within 30 nautical miles of any designated TCA primary airport, except
for those aircraft not originally certified with an engine driven
electrical system or which have not subsequently been certified with
such a system installed (53 FR 23356).
On October 14, 1988, the FAA published a final rule that revised
the classification and pilot/equipment requirements for conducting
operations in a TCA (53 FR 40318). Specifically, the rule: (a)
Established a single-class TCA; (b) requires the pilot-in-command of a
civil aircraft operating within a TCA to hold at least a private pilot
certificate, except for a student pilot who has received certain
documented training; and (c) eliminated the helicopter exception from
the minimum navigational equipment requirement.
On December 17, 1991, the FAA published a final rule on airspace
reclassification (56 FR 65655). As a result of this reclassification,
that airspace formerly referred to as the Charlotte, NC, Terminal
Control Area was reclassified to Charlotte, NC, Class B airspace area,
effective September 16, 1993.
Background
The Class B airspace area (Terminal Control Area prior to September
16, 1993) program was developed to reduce the midair collision
potential in the congested airspace surrounding airports with high
density air traffic by providing an area in which all aircraft will be
subject to certain operating rules and equipment requirements. The
density of traffic and the types of operations being conducted in the
airspace surrounding major terminals increase the probability of midair
collisions. In 1970, an extensive study found that the majority of
midair collisions occurred between a general aviation (GA) aircraft and
an air carrier, military or another GA aircraft. The basic causal
factor common to these conflicts was the mix of uncontrolled aircraft
operating under visual flight rules (VFR) and controlled aircraft
operating under instrument flight rules (IFR). Class B airspace areas
provide a method to accommodate the increasing number of IFR and VFR
operations. The regulatory requirements of Class B airspace area afford
the greatest protection for the greatest number of people by giving air
traffic control (ATC) increased capability to provide aircraft
separation service, thereby minimizing the mix of controlled and
uncontrolled aircraft. To date, the FAA has established a total of 29
Class B airspace area designations. The FAA is proposing to take action
to modify or implement additional Class B airspace area, to provide
greater protection of air traffic in the airspace regions most commonly
used by passenger-carrying aircraft.
Pre-NPRM Public Input
The North Carolina State Department of Transportation, Division of
Aviation, coordinated the establishment and oversight of an ad hoc
committee to develop a viable Class B airspace area design
recommendation. Representation from airport users and local aviation
groups, including those that participated in the original Terminal
Control Area ad hoc committee, was solicited and attained. Local
control tower facility representatives provided technical input to the
ad hoc committee. The committee's comments and recommendations were
forwarded to the FAA's Southern Region for evaluation, on February 19,
1992, for review and incorporated into the proposed Charlotte, Class B
airspace area modification. As announced in the Federal Register, 57 FR
14745, April 22, 1992, pre-NPRM airspace meetings were held on June 17
and 18, 1992, at the North Carolina Air National Guard Dining Facility,
to allow other local interested airspace users an opportunity to
provide input to the proposed Charlotte, Class B airspace area
modification. As a result of those informal airspace meetings, seven
letters were received from aviation organizations, soaring
organizations and private citizens. The ad hoc committee report,
letters submitted to the FAA, and the minutes of both airspace meetings
are contained in the FAA airspace docket. The context of these letters,
airspace meeting comments/concerns, and the FAA's findings, are
summarized as follows:
1. Some persons were disappointed because they were not selected
to be members of the ad hoc committee. The ad hoc committee members
were chosen by the committee chairman, Mr. J.L. Bondurant, under the
oversight of the North Carolina State DOT, Aviation Division. All
significant aviation interests were represented by the committee.
Any persons who did not participate on the committee had the
opportunity during this phase to express their views for the FAA's
consideration.
2. The Aircraft Owners and Pilots Association (AOPA) requested
that the Class B airspace area altitude be lowered from 10,000 feet
MSL to 8,000 feet MSL. The FAA rejected that proposal. Lowering the
ceiling of the Class B airspace area would encourage VFR flight over
the Class B airspace area between 8,000 feet MSL and 10,000 feet
MSL, especially east/west operations. Should VFR pilots begin
operating in that area, they would encounter heavy arrival and
departure traffic within 15 miles of the Charlotte/Douglas
International Airport. Traffic routinely descends on the downwind
leg of the landing pattern, from altitudes above 8,000 feet MSL.
Additionally, VFR pilots would conflict with traffic on VOR Federal
Airway V-37, a route commonly used for IFR operations into and out
of the Class B airspace area.
3. One commenter stated that lowering the floor of the Class B
airspace area from 6,000 feet MSL to 3,600 feet MSL within the 20 to
25 mile segment north and south of the airport would allow placement
of aircraft at a dangerously low altitude a long way from the
runway. Aircraft outside the existing Class B airspace area are at
these altitudes because of the requirements necessary to conduct
simultaneous instrument approaches to parallel runways within the
Class B airspace area. Under those approach procedures, it is not
unusual or dangerous to have aircraft at these altitudes and
distances on the final approach course.
4. Members of the Soaring Association proposed that the Class B
airspace area not be amended until actual air traffic growth
warrants further change. They also questioned whether more airspace
would increase the airport's ability to handle a higher number of
aircraft. The decision to propose modifying the Class B airspace
area was based on the current air traffic growth and operational
requirements (See discussion of specific growth figures later in
this document). At times, aircraft cross the boundary of the Class B
airspace area during simultaneous instrument approaches to parallel
runways. Since modification is being pursued at this time for
operational reasons, it is desirable for the FAA to consider all
factors, including future airport and air traffic growth forecast.
5. Several commenters noted that other existing Class B airspace
areas have primary airports with runway configurations similar to
Charlotte/Douglas International, and the Class B airspace area does
not extend beyond 20 miles in any direction. The commenters stated
that, because the runway configuration of the Charlotte/Douglas
International Airport is similar to those other primary airports,
the FAA's proposal, which includes Class B airspace area out to 30
miles, is inappropriate. The FAA's responsibility is to manage
effectively the airspace surrounding the Charlotte area, while
providing the requisite level of safety. Comparison with other
airports is generally inappropriate, since no two airports are the
same. Each Class B airspace area must be site specific; and to meet
the operational needs of the Charlotte area, the Charlotte Class B
airspace area is required to extend out to 30 nautical miles.
6. The Chester Soaring Association questioned the need to modify
the airspace to accommodate simultaneous instrument approaches that
occur less than 50 percent of the time. Regardless of the percentage
of use, it is unacceptable to the FAA to have any aircraft routinely
vectored beyond the boundaries of the Class B airspace area into
airspace where aircraft separation is not provided to all aircraft.
7. The Chester Soaring Association also objected to lowering the
Class B airspace area floor southwest and southeast of the airport
from 8,000 feet MSL to 6,000 feet MSL. It also shared the opinion of
the Soaring Society of America that lowering the floor of the Class
B airspace area will render the Chester Soaring site unusable for
competition. The proposed design was submitted by the ad hoc
committee as a means of containing aircraft descending on base leg,
within the Class B airspace area while conducting simultaneous
instrument approaches. While the FAA understands the concerns of the
soaring community, those concerns can be accommodated only to the
extent that they do not compromise the FAA's ability to manage
efficiently the Charlotte Class B airspace area and provide the
optimum level of safety to the flying public.
All comments were considered in developing the proposal to
modify the Class B airspace area. If these modifications are
adopted, the revised Charlotte Class B airspace area chart will
depict VFR flyways and specific access instructions to facilitate
alternatives to flight within the Class B airspace area.
The Proposal
The FAA proposes to amend part 71 of the Federal Aviation
Regulations (14 CFR part 71) to modify the existing Charlotte Class B
airspace area, based on safety and operational needs. The FAA's
responsibility is to manage efficiently the airspace surrounding the
Charlotte area while providing the optimum level of safety to the
flying public. The number of enplaned passengers at Charlotte/Douglas
International Airport was 7,784,047 in 1991 and 8,425,447 in 1992, an
increase of 8.2 percent. The airport operations were 440,956 in 1991
and 466,351 in 1992, more than a 5.8 percent increase in traffic.
Section 91.131 of part 91 of the Federal Aviation Regulations (14
CFR 91.131) prescribes rules for aircraft operating in airspace
designated as a Class B airspace area. The Class B airspace area rule
provides, in part, that prior to entering the Class B airspace area,
any pilot at any airport within the Class B airspace area or flying
through the Class B airspace area must: (1) Obtain appropriate
authorization from ATC; (2) comply with applicable procedures
established by ATC for pilot training operations at an airport within a
Class B airspace area; and (3) hold at least a private pilot
certificate or meet the requirements of Sec. 61.95 of the Federal
Aviation Regulations (14 CFR 61.95), if the aircraft is operated by a
student pilot.
Any person operating an aircraft within a Class B airspace area
must have the aircraft equipped with an operable two-way radio capable
of communications with ATC on appropriate frequencies for that Class B
airspace area, and the applicable operating transponder and automatic
altitude-reporting equipment specified in paragraph (b)(1) of
Sec. 91.215 of the Federal Aviation Regulations. Unless otherwise
authorized by ATC, all large, turbine-powered aircraft operating to or
from a Class B airspace area-primary airport must be operated at or
above the designated floors of the Class B airspace area while within
the lateral limits of the Class B airspace area. The pilot of any
aircraft departing from an airport located within the surface area of a
Class B airspace area is required to receive a clearance from ATC prior
to takeoff.
All aircraft operating within a Class B airspace area are required
to comply with all ATC clearances and instructions. However, ATC may
authorize deviations from any of the operating requirements of the rule
when safety considerations justify the deviation. Ultralight vehicle
operations and parachute jumps in a Class B airspace area may only be
conducted under the terms of an ATC authorization. Definitions and
operating requirements applicable to Class B airspace area may be found
in 14 CFR 71.41, 91.1, 91.117, 91.131, 91.215, SFAR No. 62, and
appendix D to part 91 of the FAR.
The standard configuration of a Class B airspace area consists of 3
concentric circles centered on the primary airport extending to 10, 20,
and 30 nautical miles respectively. Generally, the vertical limits of
the Class B airspace are 10,000 feet MSL, with the floor established at
the surface in the inner area and at levels appropriate to containment
of operations in the outer areas. Variations of these criteria may be
necessary contingent upon terrain, adjacent regulatory airspace, and
other factors unique to the terminal area. The site specific airspace
configuration proposed herein is the result of an extensive FAA study,
conducted after obtaining public input through an ad hoc committee,
informal airspace meetings and written comments. Copies of the report
of this study are contained in the FAA docket and are available on
request. The FAA has determined that the proposed alteration of
airspace for the Charlotte Class B airspace area would be consistent
with Class B airspace area objectives. The proposed configuration
considers the present terminal area flight operations and terrain.
The following proposed modification of the Charlotte Class B
airspace area reflects public comments and user group inputs:
Area A. That airspace extending upward from the surface to and
including 10,000 feet MSL within a 7-mile radius of the Charlotte VOR/
DME.
This airspace is necessary to contain large turbine-powered
aircraft within the Class B airspace area, while operating to and from
the primary airport, and allow for ingress/egress to secondary
airports.
Area B. That airspace extending upward from 1,800 feet MSL to and
including 10,000 feet MSL between the 7- and 11-mile radius of the
Charlotte VOR/DME, excluding that airspace within a 2-mile radius of
the Gastonia Airport.
This airspace is required for vectoring aircraft arriving at, and
departing from, the primary airport.
Area C. That airspace extending upward from 3,600 feet MSL to and
including 10,000 feet MSL between the 11- and 25-mile radius of the
Charlotte VOR/DME, including that airspace within a 2-mile radius of
the Gastonia Airport, excluding that airspace within and below Areas D,
E, and F hereinafter described.
This airspace configuration would provide an area to contain
aircraft during climb and descent transition maneuvers between the
terminal and enroute structures.
Area D. That airspace extending upward from 4,600 feet MSL to and
including 10,000 feet MSL between the 20- and 25-mile radius northwest
of the Charlotte VOR/DME, bounded on the west by U.S. Highway 321, and
bounded on the east by the Marshall Steam Plant Rail Spur; and that
airspace between the 20- and 25-mile radius southwest of the Charlotte
VOR/DME, bounded on the east by U.S. Highway 21, and bounded on the
west by a line due south from the Charlotte VOR/DME 218 deg. radial 20-
mile fix to the intersection of the 25-mile arc.
This airspace is required to provide an area to contain aircraft
using Charlotte/Douglas International Airport during profile descent.
The proposed floor would allow sufficient airspace for VFR operations
underneath the Class B airspace area.
Area E. That airspace extending upward from 6,000 feet MSL to and
including 10,000 feet MSL beginning at lat. 35 deg.36'30'' N., long.
80 deg.57'45'' W., extending counterclockwise on the 25-mile arc of the
Charlotte VOR/DME to U.S. Highway 321, thence south on U.S. Highway 321
until intercepting the 20-mile arc southwest of the Charlotte VOR/DME,
thence counterclockwise on the 20-mile arc to the 218 deg. radial of
the Charlotte VOR/DME, thence due south to the intersection of the 25-
mile arc of the Charlotte VOR/DME, thence due west until intercepting
the 218 deg. radial of the Charlotte VOR/DME, thence southwest on the
218 deg. radial to the 30-mile fix, thence clockwise on the 30-mile arc
to the 328 deg. radial of the Charlotte VOR/DME, thence direct to the
point of beginning, excluding that airspace between the 20- and 30-mile
radius of the Charlotte VOR/DME between the 242 deg. radial of the
Charlotte VOR/DME clockwise to the 293 deg. radial; and that airspace
beginning at lat. 35 deg.36'30'' N., long. 80 deg.57'45'' W., extending
clockwise on the 25-mile arc of the Charlotte VOR/DME to long.
80 deg.46'00'' W., thence due south to the 20-mile arc northeast of the
Charlotte VOR/DME, thence clockwise on the 20-mile arc to the 081 deg.
radial of the Charlotte VOR/DME, thence west along the 081 deg. radial
to the 11-mile fix from the Charlotte VOR/DME, thence direct to the
Charlotte VOR/DME 147 deg. radial 25-mile fix, thence clockwise on the
25-mile arc to the intersection of U.S. Highway 21, thence direct to
the Charlotte VOR/DME 147 deg. radial 30-mile fix, thence
counterclockwise on the 30-mile arc to the Charlotte VOR/DME 025 deg.
radial, thence direct to the point of beginning, excluding that
airspace east of U.S. Highway 601 between the Charlotte VOR/DME
062 deg. radial clockwise to the 120 deg. radial.
This airspace is required to provide an area to contain aircraft
descending into the Charlotte/Douglas International Airport. The
proposed boundaries would allow sufficient airspace for VFR aircraft
operations outside the Class B airspace area.
Area F. That airspace extending upward from 8,000 feet MSL to and
including 10,000 feet MSL between the 20- and 25-mile radius of the
Charlotte VOR/DME from the 242 deg. radial clockwise to the 293 deg.
radial of the Charlotte VOR/DME; and that airspace between the 20- and
25-mile radius from the Charlotte VOR/DME between the 062 deg. radial
of the Charlotte VOR/DME clockwise to the 120 deg. radial and east of
U.S. Highway 601.
This airspace is necessary to provide descent profile for aircraft
en route to Charlotte/Douglas International Airport and to allow
sufficient airspace to VFR operations at area airports.
The preceding summary of the proposed alteration to the Class B
airspace area configuration identifies that airspace which is necessary
to contain large turbojet aircraft operations at the Charlotte/Douglas
International Airport. ATC would provide control and separation service
for all flights within the proposed airspace boundaries. Furthermore,
ATC clearance is required for aircraft operations within that airspace.
Modifying this Class B airspace area would greatly enhance the safety
of flight within the congested airspace overlying the Charlotte
metropolitan area by facilitating the separation of controlled and
uncontrolled flight operations.
Class B airspace area designations are published in Paragraph 3000
of FAA Order 7400.9A, dated June 17, 1993, and effective September 16,
1993, and is incorporated by reference in 14 CFR 71.1 (58 FR 36298),
July 6, 1993. The Class B airspace area designation listed in this
document would be published subsequently in the order.
Regulatory Evaluation
In keeping with the ``principles of regulation'' contained in
Executive Order 12866, this section summarizes the regulatory
evaluation prepared by the FAA on the proposed amendment to 14 CFR part
71--to alter the Charlotte, Class B airspace area, Charlotte, NC. The
full regulatory evaluation, contained in the docket, assesses and
quantifies, to the extent practicable, estimated costs and anticipated
benefits to the private sector, consumers, and Federal, state, and
local governments. Additionally, the FAA has determined that this
proposed rule is not a ``significant regulatory action''.
Operational requirements mandate that the Class B airspace area
shelves be lowered between 20 and 25 nautical miles of the Charlotte/
Douglas International Airport (CLT) to more easily accommodate large
turbine-powered aircraft operating in the Class B airspace area. This
situation is particularly critical when conducting simultaneous ILS
operations due to the present lack of maneuvering airspace for aircraft
on final approach to CLT or taking off from CLT.
The proposed modifications of the Charlotte Class B airspace area
are the result of a staff study conducted by the local FAA authority.
The staff's goal was to determine a better Class B airspace area design
that would provide greater safety for aircraft operating to and from
CLT. The airspace design reflects user feedback and information
obtained during Informal Airspace Meetings held June 17 and 18, 1992 at
the North Carolina Air National Guard Facility at Charlotte Douglas
International Airport.
The proposed modifications were chosen after reviewing three
options. The FAA does not recommend the first option, to retain the
existing Class B airspace area design, because the area boundaries do
not conform to current guidelines for regulated airspace at busier
terminal facilities (FAA Order 7400.2), nor do these boundaries provide
the necessary Class B airspace area to handle levels of traffic
experienced today and projected for the future. The second option,
which is also not recommended, would modify the existing Class B
airspace area to the standard configuration as contained in FAA Order
7400.2. This option does not have any visual references and the amount
of airspace involved would be greater than needed. The FAA chose the
third option, which would establish a site specific Class B airspace
area configuration based on the operational needs of the Air Traffic
facility and input from the Charlotte Class B airspace area ad hoc
committee. This option provides necessary Class B airspace area that
would contain Charlotte present and future traffic flows. It would also
minimize the impact on airspace users and would also enhance the visual
means for boundary definition. Finally, it would provide airspace below
the floor of the Class B airspace area for VFR operators desiring to
remain clear of the Class B airspace area. It would, however, require
site-specific charting, and a non-standard design would require
heightened area awareness by users. It would also establish controlled
airspace where it currently does not exist thereby impacting some
users.
Cost Analysis
The proposed rule would impose little or no administrative costs to
the FAA. Additional personnel and equipment are not needed to implement
this rule. The FAA's controller workforce would be trained in the
aspects and procedures of the proposed Class B airspace area during
regularly scheduled briefing sessions at no additional costs to the
FAA.
The Charlotte Sectional Chart and the Charlotte Terminal Area Chart
would have to be revised, but the FAA would make these changes when
those charts are routinely updated. These changes are considered part
of the ordinary cost of chart revision, and therefore, the FAA would
incur no additional costs. Because pilots normally use current charts,
they should not incur any additional charting costs either; as the
charts become obsolete, pilots should replace them with charts that
depict the modified Class B airspace area.
The proposed rule would impose little costs to VFR users for
several reasons. The FAA expects that Lincolnton, Jaars/Townsend, and
Lake Norman airports would be the only public airports affected by the
lower floor. North of Charlotte, the Class B airspace area floor would
change from 6,000 feet to 4,600 feet (over Lincolnton) and would create
a 6,000 foot floor over Lake Norman. South of Charlotte, the Jaars/
Townsend airport would be affected by the floor of the Class B airspace
area changing from 6,000 feet to 3,600 feet. Those pilots who currently
use this airspace and wish to remain free of Class B airspace area
control would incur circumnavigational costs. However, the added time
and cost to circumnavigate is expected to be minimal. Those pilots who
continue to operate in this airspace by participating in the Charlotte,
Class B airspace area would be inconvenienced.
VFR operators who do not routinely fly inside the Charlotte, Class
B airspace area may be potentially inconvenienced by having to
participate in the Class B airspace area, (i.e., contact ATC and follow
operational rules), if they operate in the areas of proposed Class B
airspace area expansion. The FAA believes that most VFR operators would
not be significantly inconvenienced because they are already
participating in the Class B airspace area, either by voluntarily
contacting ATC when in areas adjacent to or under the Class B airspace
area by monitoring ATC frequencies.
Those aircraft operators who wish to avoid the Class B airspace
area could face circumnavigational costs in those areas where the floor
would be lowered north and south of the airport. However, the FAA
believes that the costs would be negligible. Nevertheless, the FAA
welcomes comments from those individuals that could potentially be
affected by increased circumnavigational costs.
Finally, sailplane pilots, such as those representing the Chester
Soaring Association, could face increased costs by having to relocate
to a new airport should they not be able to fly at Chester. In general,
these users could incur costs if the FAA determines that a desired
level of safety to the flying public could not be maintained if
sailplanes are permitted in the proposed Class B airspace area.
Sailplane pilots who use the Chester, SC airport may have to drive
longer distances and incur added transportation costs before they can
assemble and fly their gliders. In addition, the local economies of
Chester and Charlotte may be adversely affected by those pilots and
families who attend major national-level contests at Chester.
However, under this proposed rule, the FAA would try to accommodate
users of sailplanes even though soaring activities are somewhat random
and unpredictable (as they are dependent upon thermals and other
weather conditions). These users would be accommodated through Letter
of Agreement procedures. These procedures should allow all parties use
of the airspace provided that an optimum level of safety to the flying
public is maintained.
Benefit Analysis
The proposed rule is expected to enhance safety by reducing the
risk of midair collisions. The risk of a midair collision would be
reduced by increasing the controlled airspace around Charlotte, North
Carolina.
Due to the proactive nature of the proposed changes, the potential
safety benefits are difficult to quantify in monetary terms. Aircraft
operations within the present configuration of the Charlotte, Class B
airspace area have increased since the Class B airspace area was
created and the airspace has become more complex (a greater mix of
large turbine-powered air carrier aircraft with other aircraft of
varying performance characteristics). In addition, future operations
are projected to increase.
Fortunately, there have been no midair collisions within the
Charlotte, Class B airspace area. Without the experience of an actual
midair collision, estimating the probability of a potential occurrence
in the absence of a proposed rule cannot be reliably determined. Due to
the projected increase in traffic (see earlier discussion), there is a
potential safety problem, although it is not yet critical. Without the
proposed rule, aviation safety in the Charlotte area could be reduce in
the future, which could lead to catastrophic consequences.
Comparison of Costs and Benefits
The precise reduction in the risk of a midair collision avoided by
the proposed rule and its monetary values cannot be estimated at the
present time. However, system efficiency would be improved and safety
enhanced. In view of the negligible costs of the proposed rule, coupled
with benefits in the form of enhanced safety to all aircraft operators,
the FAA believes the proposed rule would be cost-beneficial.
Conclusion
The precise reduction in the risk of a midair collision
attributable to the proposed rule and the associated monetary values
cannot be estimated at the present time. However, system efficiency
would be improved and safety would be enhanced. In view of the
negligible costs of the proposed rule, coupled with non-quantifiable
benefits in the form of enhanced safety to all aircraft operators, the
FAA believes the proposed rule would be cost-beneficial. An initial
regulatory evaluation of the proposal, including a Regulatory
Flexibility Determination, has been placed in the docket.
Initial Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) ensures that small
entities are not unnecessarily and disproportionately burdened by
Government regulations. The RFA requires agencies to review rules that
may have a significant economic impact on a substantial number of small
entities.
The small entities that the proposed rule could potentially affect
are unscheduled operators of aircraft for hire owning nine or fewer
aircraft. These unscheduled air taxi operators would be affected only
when they were not operating under VFR. These operators fly regularly
into airports with established radar approach control services. The FAA
believes that unscheduled air taxi operators are already equipped to
fly IFR. Because they can fly IFR instead of VFR, the proposed rule
would not have a significant economic impact on any of them.
International Civil Aviation Organization and Joint Aviation
Regulations
In keeping with the U.S. obligations under the Convention on
International Civil Aviation (ICAO), it is FAA policy to comply with
ICAO Standards and Recommended Practices (SARP) to the maximum extent
practicable. For this notice, the FAA has determined that this
proposal, if adopted, would not present any differences.
International Trade Impact Assessment
This proposed rule is not anticipated to affect the import of
foreign products or services into the United States or the export of
U.S. products or services to foreign countries.
Federalism Implications
This proposed rule would 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 (52 FR 41685; October 30, 1987), it is determined that this
proposed rule does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Paperwork Reduction Act
This proposed rule contains no information collection requests
requiring approval of the Office of Management and Budget pursuant to
the Paperwork Reduction Act (44 U.S.C. 3507 et seq.).
Conclusion
For the reasons discussed in the preamble, and based on the
findings in the Regulatory Flexibility Determination and the
International Trade Impact Analysis, the FAA has determined that this
regulation is not a ``significant regulatory action'' under Executive
Order 12866. In addition, the FAA certifies that this regulation will
not have a significant economic impact, positive or negative, on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act. This regulation is not considered
significant under Order DOT 2100.5, Policies and Procedures for
Simplification, Analysis and Review of Regulations. A final regulatory
evaluation of the regulation, including a final Regulatory Flexibility
Determination and International Trade Impact Analysis has been placed
in the docket. A copy may be obtained by contacting the person
identified under FOR FURTHER INFORMATION CONTACT.
List of Subjects in 14 CFR Part 71
Airspace, Federal Aviation Administration, Navigation (Air).
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend part 71 of the Federal Aviation
Regulations (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 3000--Subpart B--Class B Airspace
* * * * *
ASO NC B Charlotte, NC [Revised]
Charlotte/Douglas International Airport (Primary Airport)
(lat. 35 deg.12'52'' N., long. 80 deg.56'37'' W.).
Charlotte/Douglas VOR/DME
(lat. 35 deg.11'25'' N., long. 80 deg.57'06'' W.).
Gastonia Airport
(lat. 35 deg.12'00'' N., long. 81 deg.09'00'' W.).
Area A. That airspace extending upward from the surface to and
including 10,000 feet MSL within a 7-mile radius of the Charlotte
VOR/DME.
Area B. That airspace extending upward from 1,800 feet MSL to
and including 10,000 feet MSL between the 7- and 11-mile radius of
the Charlotte VOR/DME, excluding that airspace within a 2-mile
radius of the Gastonia Airport.
Area C. That airspace extending upward from 3,600 feet MSL to
the including 10,000 feet MSL between the 11- and 25-mile radius of
the Charlotte VOR/DME, including that airspace within a 2-mile
radius of the Gastonia Airport, excluding that airspace within and
below Areas D, E, and F hereinafter described.
Area D. That airspace extending upward from 4,600 feet MSL to
and including 10,000 feet MSL between the 20- and 25-mile radius
northwest of the Charlotte VOR/DME, bounded on the west by U.S.
Highway 321, and bounded on the east by the Marshall Steam Plant
Rail Spur; and that airspace between the 20- and 25-mile radius
southwest of the Charlotte VOR/DME, bounded on the east by U.S.
Highway 21, and bounded on the west by a line due south from the
Charlotte VOR/DME 218 deg. radial 20-mile fix to the intersection of
the 25-mile arc.
Area E. That airspace extending upward from 6,000 feet MSL to
and including 10,000 feet MSL beginning at lat. 35 deg.36'30'' N.,
long. 80 deg.57'45'' W., extending counterclockwise on the 25-mile
arc of the Charlotte VOR/DME to U.S. Highway 321, thence south on
U.S. Highway 321 until intercepting the 20-mile arc southwest of the
Charlotte VOR/DME, thence counterclockwise on the 20-mile arc to the
218 deg. radial of the Charlotte VOR/DME, thence due south to the
intersection of the 25-mile arc of the Charlotte VOR/DME, thence due
west until intercepting the 218 deg. radial of the Charlotte VOR/
DME, thence southwest on the 218 deg. radial to the 30-mile fix,
thence clockwise on the 30-mile arc to the 328 deg. radial of the
Charlotte VOR/DME, thence direct to the point of beginning,
excluding that airspace between the 20- and 30-mile radius of the
Charlotte VOR/DME between the 242 deg. radial of the Charlotte VOR/
DME clockwise to the 293 deg. radial; and that airspace beginning at
lat. 35 deg.36'30'' N., long 80 deg.57'45'' W., extending clockwise
on the 25-mile arc of the Charlotte VOR/DME to long. 80 deg.46'00''
W., thence due south to the 20-mile arc northeast of the Charlotte
VOR/DME, thence clockwise on the 20-mile arc to the 081 deg. radial
of the Charlot VOR/DME, thence west along the 081 deg. radial to the
11-mile fix from the Charlotte VOR/DME, thence direct to the
Charlotte VOR/DME 147 deg. radial 25-mile fix, thence clockwise on
the 25-mile arc to the intersection of U.S. Highway 21, thence
direct to the Charlotte VOR/DME 147 deg. radial 30-mile fix, thence
counterclockwise on the 30-mile arc to the Charlotte VOR/DME
025 deg. radial, thence direct to the point of beginning, excluding
that airspace east of U.S. Highway 601 between the Charlotte VOR/DME
062 deg. radial clockwise to the 120 deg. radial.
Area F. That airspace extending upward from 8,000 feet MSL to
and including 10,000 feet MSL between the 20- and 25-mile radius of
the Charlotte VOR/DME from the 242 deg. radial clockwise to the
293 deg. radial of the Charlotte VOR/DME; and that airspace between
the 20- and 25-mile radius from the Charlotte VOR/DME between the
062 deg. radial of the Charlotte VOR/DME clockwise to the 120 deg.
radial and east of U.S. Highway 601.
* * * * *
Issued in Washington, DC, February 17, 1994.
Harold W. Becker,
Manager, Airspace--Rules and Aeronautical Information Division.
[FR Doc. 94-4714 Filed 3-1-94; 8:45 am]
BILLING CODE 4910-13-M
