[Federal Register Volume 59, Number 126 (Friday, July 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15623]
[[Page Unknown]]
[Federal Register: July 1, 1994]
_______________________________________________________________________
Part V
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Parts 71 and 93
Offshore Airspace Reconfiguration; Valparaiso, FL Terminal Area;
Proposed Rule
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 71 and 93
[Docket No. 26968; Notice No. 94-23]
Offshore Airspace Reconfiguration; Valparaiso, FL Terminal Area
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This action proposes to retain the Valparaiso, Florida
Terminal Area and Special Air Traffic Rules in part 93 of the FAR;
amend the Class D airspace areas for Eglin Air Force Base (AFB), Eglin
AF Auxiliary No. 3 Duke Field, and Hurlburt Field; amend the Crestview
Class E airspace area; and delete the Eglin Class D North-South
corridor. Additionally, the FAA proposes to modify the established
North-South and East-West corridors associated with the Valparaiso,
Florida Terminal Area and Eglin AFB in part 93 of the FAR. The FAA is
proposing this action to simplify operating procedures, airspace
assignment and airspace use. The intended effect of this proposed
action is to continue to provide for the safe operational mix of
military and civil aircraft within the Valparaiso, Florida Terminal
Area.
DATES: Comments must be submitted on or before August 15, 1994.
ADDRESSES: Comments on this NPRM should be mailed, in triplicate, to:
Federal Aviation Administration, Office of the Chief Counsel,
Attention: Rules Docket (AGC-200), Docket No. 26968, 800 Independence
Avenue SW., Washington, DC 20591. Comments delivered must be marked
Docket No. 26968. The official docket may be examined in the Office of
the Chief Counsel, Room 915G, weekdays, except Federal holidays,
between 8:30 a.m. and 5:00 p.m., except on Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Mr. Joseph C. White, Air Traffic Rules Branch, ATP-230, Airspace Rules
and Aeronautical Information Division, Federal Aviation Administration,
800 Independence Avenue SW., Washington, D.C. 20591; telephone (202)
267-8783.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Comments relating to the environmental, energy,
federalism, or economic impact that might result from adopting the
proposals in this notice are also invited. Substantive comments should
be accompanied by cost estimates. Comments should identify the
regulatory docket or notice number and should be submitted in
triplicate to the Rules Docket address specified above. All comments
received on or before the closing date for comments specified will be
considered by the Administrator before taking action on this proposed
rulemaking. The proposals contained in this notice may be changed in
light of comments received. All comments received will be available,
both before and after the closing date for comments, in the Rules
Docket for examination by interested persons. A report summarizing each
substantive public contact with FAA personnel concerned with this
rulemaking will be filed in the docket. Commenters wishing the FAA to
acknowledge receipt of their comments submitted in response to this
notice must include a pre-addressed, stamped postcard on which the
following statement is made: ``Comment to Docket No. 26968.'' The
postcard will be date stamped and mailed to the commenter.
Availability of NPRM's
Any person may obtain a copy of this 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) 267-3484. Communications
must identify the notice number of this NPRM.
Persons interested in being placed on the mailing list for future
NPRM's should request from the above office a copy of Advisory Circular
No. 11-2A, Notice of Proposed Rulemaking Distribution System, which
describes the application procedure.
Background
The Offshore Airspace Reconfiguration Final Rule (58 FR 12128;
March 2, 1993), which replaced the Valparaiso, Florida Terminal Area
with the Eglin Florida Class D airspace area, became effective on
December 9, 1993. This rule also amended part 71 of the FAR to revoke
the Eglin AFB, Florida and the Eglin Air Force Auxiliary No. 3, Duke
Field, Florida Class D airspace areas; modified the Hurlburt Field,
Florida Class D airspace area and the Crestview, Florida Class E
airspace area; and established the Eglin, Florida Class D North-South
corridor. However, by a separate rulemaking action (58 FR 63274;
November 30, 1993), this portion of the Offshore Airspace
Reconfiguration Final Rule was delayed until December 8, 1994. This
delay permitted the FAA and the Department of Defense (DOD) to conduct
a micro-review of the effects of the airspace reclassification on this
area. On December 8, 1994, the Valparaiso, Florida Terminal Area is
scheduled to be replaced with the Eglin, Florida Class D airspace
areas.
Need for Rulemaking
The Eglin Florida Class D airspace area, as promulgated in the
Offshore Airspace Reconfiguration Final Rule, provides for one airspace
area for the North-South corridor and one for the East-West corridor.
If the Eglin, Florida Class D airspace area becomes effective on
December 8, 1994, civil aircraft would be required to establish and
maintain two-way radio communications with the Eglin Radar Control
Facility (ERCF), prior to entering the Eglin, Florida Class D airspace
area. The ERCF would be required to provide class D services if
workload or traffic conditions permit. However, if controller workload
or traffic conditions prevent immediate availability of Class D
services, the ERCF controllers would be required to inform the pilot to
remain outside the Class D airspace areas until services can be
provided.
The joint FAA and DOD micro-review of procedures and operations was
conducted to determine the amount and extent of controlled airspace
necessary to contain certain air traffic control operations. The
following data summarizes the results of this micro-review:
(1) In 1993, ERFC logged a traffic count of 223,627 total
operations. Of this total 39% (86,137) were civilian operations.
Military operations were 61% (137,490) and represented a 16% increase
over the total number of operations for the preceding year.
(2) A total of 9,385 military missions were flown in Eglin's
restricted areas during 1993. This is approximately a 17% increase in
restricted area usage over the preceding year.
(3) During 1993, the Eglin AFB recorded 424 corridor penetrations.
A corridor penetration occurs when one or more military aircraft
transits the North-South or East-West corridors flying between Eglin's
Special Use Airspace (SUA) areas as part of their mission profile.
Consistent with the projected increases in military operations, these
events are forecast to increase in 1994.
(4) If the Eglin, Florida Class D airspace area becomes effective
on December 8, 1994, the requirement to establish positive air traffic
control in the North-South and East-West corridors would lead to
dramatic increases in air traffic and ERCF controller workload. These
increases in air traffic and controller workload would increase air
traffic control delays imposed on civil and military aircraft, both in
the air and on the ground.
(5) Under the Valparaiso, Florida, Special Air Traffic Rules in
part 93 of the FAR, access to the North-South corridor is limited
during military operations, but access to the East-West corridor is not
impeded. However, under the Eglin Class D airspace area, during
military operations, access to the entire Class D airspace area (both
the North-South and East-West corridors) will be limited.
Based on the foregoing, the FAA has determined that the Eglin,
Florida Class D airspace area would not meet the airspace needs for
that area. Accordingly, it is necessary to retain the Valparaiso,
Florida Terminal Area and Special Air Traffic Rules contained in part
93 of the FAR to accommodate the actual and projected increase in air
traffic while maintaining the same level of safety for aircraft
transiting the North-South and East-West corridors.
Accordingly, to enhance safety in the immediate vicinity of the
Eglin AFB, the FAA proposes to move the southern boundary of the North-
South corridor from its present lateral position north of Eglin AFB to
a position south to Eglin AFB coincident with latitude 30 deg.25'01''
North. The existing designation of the North-South Corridor from
surface to an unlimited altitude was found to be excessive. Therefore,
the FAA proposes to modify the North-South corridor airspace ceiling.
The FAA also proposes to modify the center portion of the East-West
corridor to include airspace from the surface up to but not including
18,000 ft. MFL. The East-West corridor located below Restricted Areas
R-2915C, R-2919B, and R-2914B, excluding the center portion, extends
from the surface up to but not including 8,500 feet MSL. This
effectively would divide the East-West corridor into 3 separate
sections.
This proposed action would simplify operating procedures and the
complex aeronautical charting of Eglin's airspace. Moreover, it would
further reduce the potential hazard of VFR aircraft crossing the flight
paths of high speed, high performance, and often armed military
aircraft transiting to/from/between Eglin's most commonly used East (R-
2914A, R-2919A) and West (R-2915A, R-2915B) ranges.
The Offshore Airspace Reconfiguration Final Rule discussed the
Eglin Florida Class D airspace area in the preamble. The final rule,
however, did not include the regulatory text for the Eglin, Florida
Class D airspace area. Therefore, this action amends the intent of the
FAA by rescinding the Eglin, Florida Class D airspace area.
This action amends the incorporation by reference in 14 CFR part
71.1 of FAA Order 7400.9A, Airspace Designation and Reporting Points,
dated June 17, 1993, and effective September 16, 1993 by: (1) revising
the Eglin AFB, and the Eglin AF Auxiliary No. 3, Duke Field Florida
Class D airspace areas; (2) deleting the pending amendments for the
Hurlburt Field, Florida Class D airspace area, and the Crestview,
Florida Class E airspace area; and (3) deleting the Eglin, Florida
Class D North-South corridor.
The Proposal
The FAA proposes to retain the Valparaiso, Florida Terminal Area
and Special Air Traffic Rules in part 93 of the FAR; amend the Class D
airspace areas for Eglin AFB, the Eglin AF Auxiliary No. 3 Duke Field,
and the Hurlburt Field; amend the Crestview Class E airspace area; and
delete the Eglin Class D North-South corridor. Additionally, the FAA
proposes to revise the North-South corridor airspace area by
reestablishing the vertical limits of that corridor from the surface up
to but not including 18,000 feet MSL and by moving the southern
boundary from its present lateral position north of Eglin AFB to a
position south of Eglin AFB coincident with latitude 30 deg.25'01''
North. Further, the FAA proposes to modify the center portion of the
East-West corridor to include airspace from the surface up to but not
including 18,000 ft MSL. This would effectively divide the East-West
corridor into the following three sections:
(1) The west section would include that East-West corridor airspace
area underlying Restricted Area R-2915C and extending upward from the
surface to, but not including, 8,500 feet MSL.
(2) The center section would include that East-West corridor
airspace areas that does not underlie any of the restricted areas
associated with Eglin AFB and extends upward from the surface to, but
not including 18,000 feet MSL.
(3) The east section would include that East-West corridor airspace
area underlying Restricted Areas R-2919B and R-2914B extending from the
surface up to, but not including, 8,500 ft MSL.
Economic Evaluation
Proposed 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 of 1980 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 international trade. In conducting
these analyses, the FAA has determined that this proposed rule: (1)
would generate benefits that justify its 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) would not have a significant
impact on a substantial number of small entities; and (4) would not
constitute a barrier to international trade. These analyses are
summarized below.
Costs
The FAA has determined that there would be little or no cost
associated with implementation of the proposed modification. This
determination is based on the following reasons.
The proposed rule would impose no additional administrative,
personnel, or equipment costs on Eglin AFB or the FAA. Any additional
operations workload generated by the proposed rule would be absorbed by
current personnel and equipment resources.
The cost to aircraft operators would be small delays and deviations
from their current flight times and paths that may occasionally occur
while Eglin ATC clears military aircraft across the southern end of the
North-South corridor. However, the FAA contends that these delays would
be so short and infrequent that they would impose little if any cost.
Benefits
The benefits of the proposed rule would be primarily in the form of
improved ATC efficiency and enhanced safety. Improved ATC efficiency
would come from lowering the ceiling of the North-South corridor. This
would eliminate the need for FAA ATC and Eglin ATC to coordinate the
control of civilian traffic transiting the corridor above 18,000 feet
MSL. The proposed rule would also allow Eglin ATC to better separate
the flow of military and civilian aircraft in the southern part of the
North-South corridor. Enhancements to safety would come in the lowered
risk of midair collisions due to the increased positive control of the
airspace of Eglin AFB.
Conclusion
In view of the little or no cost of compliance versus enhancements
to aviation safety and efficiency, the FAA has determined that the
proposed rule would be cost-beneficial.
International Trade Impact Statement
This proposed rule would 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 proposed rule
would impose little or no costs on aircraft operators or aircraft
manufacturers (U.S. or foreign).
Regulatory Flexibility Determination
In accordance with the Regulatory Flexibility Act of 1980, the FAA
has determined that this proposed rule will not have a significant
economic impact, positive or negative, on a substantial number of small
entities. This assessment is based on the fact that the proposed rule
would impose little or no cost on small entities.
Federalism Implications
The regulations proposed 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 final
rule will not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
International Civil Aviation Organization and Joint Aviation
Regulations
In keeping with the U.S. Obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with ICAO
Standards and Practices (SARP) to the maximum extent practicable. For
this notice, the FAA has determined that this proposal, if adopted,
would not present any differences.
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 proposal is not considered significant
under DOT order 2100.5, Policies and Procedures for Simplification,
Analysis, and Review of Regulations. An Initial Regulatory Flexibility
Determination and International Impact Assessment have been placed in
the docket. A copy may be obtained by contacting the person identified
under FOR FURTHER INFORMATION CONTACT.
List of Subjects
14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
14 CFR Part 93
Air traffic control, Airports, Alaska, Federal Aviation
Administration, Navigation (air), Penalties, Reporting and
recordkeeping requirements.
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend parts 71 and 93 of the Federal
Aviation Regulations, (14 CFR parts 71 and 93) as follows:
PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS
1. The authority citation for 14 CFR 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 part 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 5000--Class D Airspace
* * * * *
ASO FL D Eglin AF Aux No. 3 Duke Field, FL (Revised]
Eglin AF Aux No. 3 Duke Field, FL
(lat. 30 deg.39'07'' N, long. 86 deg.31'23'' W)
Bob Sikes Airport
(lat. 30 deg.46'44'' N, long. 86 deg.31'20'' W)
Eglin AFB
(lat. 30 deg.29'13'' N, long. 86 deg.31'34'' W)
That, airspace extending upward from the surface to and
including 2,700 feet MSL within a 5.2-mile radius of Eglin AF Aux
No. 3 Duke Field; excluding the portion north of a line connecting
the 2 points of intersection with a 4.2-mile radius circle centered
on Bob Sikes Airport; excluding the portion south of a line
connecting the 2 points of intersection with a 5.5-mile radius
circle centered on Eglin AFB. This Class D airspace area is
effective during the specific days and times established in advance
by a notice to Airmen. The effective days and times will thereafter
be continuously published in the Airport/Facility Directory.
* * * * *
ASO FL D Eglin AFB, FL [Revised]
Eglin AFB, FL
(lat. 30 deg.29'13'' N, long. 86 deg.31'34'' W)
Destin-Fort Walton Beach Airport
(lat. 30 deg.24'01'' N, long. 86 deg.28'18'' W)
Duke Field
(lat. 30 deg.39'07'' N, long. 86 deg.31'23'' W)
Hurlburt Field
(lat. 30 deg.25'44'' N, long. 86 deg.41'20'' W)
That airspace extending upward from the surface to and including
2,600 feet MSL within a 5.5-mile radius of Eglin AFB and within a 4-
mile radius of Destin-Fort Walton Beach Airport; excluding the
portion north of a line connecting the 2 points of intersection
within a 5.2-mile radius circle centered on Duke Field; excluding
the portion southwest of a line connecting the 2 points of
intersection within a 5.3-mile radius of Hurlburt Field.
* * * * *
Eglin Hurlburt Field, FL [Removed]
* * * * *
ASO FL D Eglin, FL North-South Corridor [Removed]
* * * * *
Paragraph 6002--Class E airspace areas designated as a surface area
for an airport.
* * * * *
Crestview, FL [Removed]
PART 93--SPECIAL AIR TRAFFIC RULES AND AIRPORT TRAFFIC PATTERNS
1. The authority citation for Part 93 continues to read as follows:
Authority: 49 U.S.C. app. 1302, 1303, 1348, 1354(a), 1421(a),
1424, 2451 et seq.; 49 U.S.C. 206(g).
2. Sections 93.81 and 93.83 are revised to read as follows:
Sec. 93.81 Applicability and description of area.
(a) This subpart prescribes the Valparaiso, Florida Terminal Area,
and the special air rules for operating aircraft within that Area.
(b) The Valparaiso, Florida Terminal Area is designated as follows:
(1) North-South Corridor. The North-South Corridor includes the
airspace extending upward from the surface up to, but not including,
18,000 feet MSL, bounded by a line beginning at:
Latitude 30 deg.42'51'' N., Longitude 86 deg.38'02'' W.; to
Latitude 30 deg.43'18'' N., Longitude 86 deg.27'37'' W.; to
Latitude 30 deg.37'01'' N., Longitude 86 deg.27'37'' W.; to
Latitude 30 deg.37'01'' N., Longitude 86 deg.25'30'' W.; to
Latitude 30 deg.33'01'' N., Longitude 86 deg.25'30'' W.; to
Latitude 30 deg.33'01'' N., Longitude 86 deg.25'00'' W.; to
Latitude 30 deg.25'01'' N., Longitude 86 deg.25'00'' W.; to
Latitude 30 deg.25'01'' N., Longitude 86 deg.38'12'' W.; to
Latitude 30 deg.29'02'' N., Longitude 86 deg.38'02'' W.; to point of
beginning.
(2) East-West Corridor--The East-West Corridor is divided into
three sections to accommodate the different altitudes as portions of
the corridor underlie restricted areas R-2915C, R-2919B, and R-2914B.
(i) The west section would include that airspace extending upward
from the surface to but not including 8,500 feet MSL, bounded by a line
beginning at:
Latitude 30 deg.22'47'' N., Longitude 86 deg.51'30'' W.: then along the
shoreline to Latitude 30 deg.23'46'' N., Longitude 86 deg.38'15'' W.;
to Latitude 30 deg.20'51'' N., Longitude 86 deg.38'50'' W.; then 3 NM
from and parallel to the shoreline to Latitude 30 deg.19'31'' N.,
Longitude 86 deg.51'30'' W.; to the beginning.
(ii) The center section would include that airspace extending
upward from the surface to but not including 18,000 feet MSL, bounded
by a line beginning at:
Latitude 30 deg.25'01'' N., Longitude 86 deg.38'12'' W.; to
Latitude 30 deg.25'01'' N., Longitude 86 deg.25'00'' W.; to
Latitude 30 deg.25'01'' N., Longitude 86 deg.22'26'' W.; to
Latitude 30 deg.19'46'' N., Longitude 86 deg.23'45'' W.; then 3 NM from
and parallel to the shoreline to Latitude 30 deg.20'51'' N.,
Longitude 86 deg.38'50'' W.; Latitude 30 deg.23'46'' N.,
Longitude 86 deg.38'15'' W.; to the beginning.
(iii) The east section would include that airspace extending upward
from the surface to but not including 8,500 feet MSL, bounded by a line
beginning at:
Latitude 30 deg.25'01'' N., Longitude 86 deg.22'26'' W.; to
Latitude 30 deg.22'01'' N., Longitude 86 deg.08'00'' W.; to
Latitude 30 deg.19'16'' N., Longitude 85 deg.56'00'' W.; to
Latitude 30 deg.11'01'' N., Longitude 85 deg.56'00'' W.; then 3 NM from
and parallel to the shoreline to Latitude 30 deg.19'46'' N., Longitude
86 deg.23'45'' W.; to the beginning.
Sec. 93.83 Aircraft Operations.
(a) North-South Corridor. Unless otherwise authorized by ATC
(including the Eglin Radar Control Facility), no person may operate an
aircraft in flight within the North-South Corridor designated in
Sec. 93.81(b)(1) unless--
(1) Before operating within the corridor, that person obtains a
clearance from the Eglin Radar Control Facility or an appropriate FAA
ATC facility; and
(2) That person maintains two-way radio communication with the
Eglin Radar Control Facility or an appropriate FAA ATC facility while
within the corridor.
(b) East-West Corridor. Unless otherwise authorized by ATC
(including the Eglin Radar Control Facility), no person may operate an
aircraft in flight within the East-West Corridor designated in
Sec. 93.81(b)(2) unless--
(1) Before operating within the corridor, that person establishes
two-way radio communications with Eglin Radar Control Facility or an
appropriate FAA ATC facility and receives an ATC advisory concerning
operations being conducted therein; and
(2) That person maintains two-way radio communications with the
Eglin Radar Control Facility or an appropriate FAA ATC facility while
within the corridor.
Issued in Washington DC, on June 21, 1994.
Harold W. Becker,
Manager, Airspace-Rules and Aeronautical Information Division.
[FR Doc. 94-15623 Filed 6-30-94; 8:45 am]
BILLING CODE 4910-13-M
