[Federal Register Volume 63, Number 146 (Thursday, July 30, 1998)]
[Proposed Rules]
[Pages 40668-40672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20342]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Airspace Docket No. 97-AWA-4]
RIN 2120-AA66
Proposed Establishment of Class C Airspace, and Revocation of
Class D Airspace, Austin-Bergstrom International Airport, TX; and
Revocation of Robert Mueller Municipal Airport Class C Airspace; TX
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This notice proposes to establish a Class C airspace area and
revoke the existing Class D airspace area at the Austin-Bergstrom
International Airport, Austin, TX. In addition, this notice proposes to
revoke the existing Class C airspace area at the Robert Mueller
Municipal Airport, Austin, TX. The FAA is proposing this action in
support of the planned closure of the Robert Mueller Municipal Airport,
and the transfer of airport operations from the Robert Mueller
Municipal Airport to the Austin-Bergstrom International Airport. The
Austin-Bergstrom International Airport is a public-use facility that
will be serviced by a Level IV control tower and a Radar Approach
Control. The establishment of this Class C airspace area would require
pilots to maintain two-way radio communications with air traffic
control (ATC) while in Class C airspace. Implementation of the Class C
airspace area would promote the efficient use of airspace, and reduce
the risk of midair collision in the terminal area.
DATES: Comments must be received on or before September 17, 1998.
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. 97-AWA-4, 800 Independence Avenue,
SW., Washington, DC 20591. The official docket may be examined in the
Rules Docket, Office of the Chief Counsel, Room 916, weekdays, except
Federal holidays, between 8:30 a.m. and 5:00 p.m.
An informal docket may also be examined during normal business
hours at the office of the Regional Air Traffic Division, Federal
Aviation Administration, 2601 Meacham Blvd., Fort Worth, TX 76193-0500.
FOR FURTHER INFORMATION CONTACT: Ms. Sheri Edgett Baron, 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:
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. 97-
AWA-4.'' 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 be filed in the
docket.
Availability of NPRM's
An electronic copy of this document may be downloaded from the FAA
regulations section of the Fedworld electronic bulletin board service
(telephone: 703-321-3339) or the Federal Register's electronic bulletin
board service (telephone: 202-512-1661), using a modem and suitable
communications software.
Internet users may reach the FAA's web page at http://www.faa.gov
or the Federal Register's web page at http://www.access.gpo.gov/
su__docs for access to recently published rulemaking documents.
Any person may obtain a copy of this NPRM by submitting a request
to the Federal Aviation Administration, Office
[[Page 40669]]
of Air Traffic Airspace Management, Attention: Airspace and Rules
Division, ATA-400, 800 Independence Avenue, SW., Washington, DC 20591,
or by calling (202) 267-3075. Communications must identify the notice
number of this NPRM. Persons interested in being placed on a mailing
list for future NPRM's should contact the Federal Aviation
Administration, Office of Rulemaking, (202) 267-9677, to request a copy
of Advisory Circular No. 11-2A, which describes the application
procedure.
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 the 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'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
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 proposing to establish 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
published via the FAA directives system (Order 7400.2, Procedures for
Handling Airspace Matters).
The FAA has established ARSA's at 123 locations under a phased
implementation plan to replace TRSA's with ARSA's. Airspace
Reclassification, effective September 16, 1993, reclassified ARSA's as
Class C airspace areas. This change in terminology is reflected in the
remainder of this NPRM.
This notice proposes a Class C airspace designation at a location
which was not identified as a candidate for Class C airspace in the
preamble to Amendment No. 71-10 (50 FR 9252). Other candidate locations
will be proposed in future notices published in the Federal Register.
The Austin-Bergstrom International Airport is a public-use airport
with an operating Level IV control tower served by Radar Approach
Control.
The Proposal
The FAA is proposing an amendment to part 71 of the Federal
Aviation Regulations (14 CFR part 71) to establish a Class C airspace
area and revoke the existing Class D airspace area at the Austin-
Bergstrom International Airport located in Austin, TX. In addition,
this notice proposes to revoke the existing Class C airspace area at
the Robert Mueller Municipal Airport located in Austin, TX. The FAA is
proposing this action in support of the planned closure of the Robert
Mueller Municipal Airport, and the transfer of airport operations from
the Robert Mueller Municipal Airport to the Austin-Bergstrom
International Airport. The Austin-Bergstrom International Airport is a
public-use facility that will be serviced by a Level IV control tower
and a Radar Approach Control. With the airport relocating, the annual
volume of instrument operations for the Austin-Bergstrom International
Airport will equal or exceed current operations at the Robert Mueller
Municipal Airport. This volume of instrument operations meets the FAA
criteria for establishing Class C airspace. Implementation of the Class
C airspace area would promote the efficient use of airspace and reduce
the risk of midair collision in the terminal area.
The FAA published a final rule (50 FR 9252, March 6, 1985) that
defines Class C airspace and prescribes operating rules for aircraft,
ultralight vehicles, and parachute jump operations in Class C airspace
areas. The final rule provides, in part, that all aircraft arriving at
any airport in Class C airspace must: (1) prior to entering the Class C
airspace, establish two-way radio communications with the ATC facility
having jurisdiction over the area; and (2) while in Class C airspace,
maintain two-way radio communications with that ATC facility. For
aircraft departing from the primary airport within Class C airspace, or
a satellite airport with an operating control tower, two-way radio
communications must be established and maintained with the control
tower and thereafter as instructed by ATC while operating in Class C
airspace. For aircraft departing a satellite airport without an
operating control tower and within Class C airspace, two-way radio
communications must be established with the ATC facility having
jurisdiction over the area as soon as practicable after takeoff and
thereafter maintained while operating within the Class C airspace area
(14 CFR 91.130).
Pursuant to Federal Aviation Regulations section 91.130 (14 CFR
part 91) all aircraft operating within Class C airspace are required to
comply with sections 91.129 and 91.130. Ultralight vehicle operations
and parachute jumps in Class C airspace areas may only be conducted
under the terms of an ATC authorization.
The FAA adopted the NAR Task Group recommendation that each Class C
airspace area be of the same airspace
[[Page 40670]]
configuration insofar as practicable. The standard Class C airspace
area consists of that airspace within 5 nautical miles (NM) of the
primary airport, extending from the surface to an altitude of 4,000
feet above that airport's elevation, and that airspace between 5 and 10
NM's from the primary airport from 1,200 feet above the surface to an
altitude of 4,000 feet above that airport's elevation. Proposed
deviations from this standard have been necessary at some airports
because of adjacent regulatory airspace, international boundaries,
topography, or unusual operational requirements.
Definitions and operating requirements applicable to Class C
airspace may be found in Sec. 71.51 of part 71 and Secs. 91.1 and
91.130 of part 91 of Title 14 Code of Federal Regulations (14 CFR). The
coordinates for this airspace docket are based on North American Datum
83. Class C and Class D airspace designations are published,
respectively, in paragraphs 4000 and 5000 of FAA Order 7400.9E, dated
September 10, 1997, and effective September 16, 1997, which is
incorporated by reference in 14 CFR 71.1. The Class C airspace
designation listed in this document would be published subsequently in
the Order, and the Class D airspace designation listed in this document
would be removed subsequently from the Order.
Public Input
Normally, the FAA would hold informal airspace meetings before
publication of this NPRM. However, limited time between the issuance of
this action and the proposed opening of the Austin-Bergstrom
International Airport does not lend time for sufficient notice. The FAA
will hold public information sessions where this proposal will be
discussed with interested parties. These sessions were announced in the
Federal Register on June 10, 1998 (63 FR 31678).
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 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 is not ``a significant regulatory action'' as defined in
the Executive Order and the Department of Transportation Regulatory
Policies and Procedures. This proposed rule would not have a
significant impact on a substantial number of small entities, would not
constitute a barrier to international trade, and does not contain any
Federal intergovernmental or private sector mandates. These analyses,
available in the docket, are summarized below.
The proposed rule would move the Class C airspace area, presently
located at the Robert Mueller Municipal Airport, 5 miles to the south
to the Austin-Bergstrom International Airport. This action is to take
effect when the Robert Mueller Municipal Airport closes (in April 1999)
and all operations are transferred to the Austin-Bergstrom
International Airport.
Costs of approximately $850 would be incurred by the FAA in order
to send a Letter to Airmen to pilots within a 50-mile radius of the
Austin-Bergstrom International Airport informing them of the airspace
change. The FAA would not incur any costs for ATC staffing, training,
or equipment. Changes to sectional charts would occur during the chart
cycle and would cause no additional costs beyond the normal update of
the charts. Public meetings and safety seminars would not result in
costs to the aviation community because they would occur regardless of
this proposed rulemaking. Aircraft owners and operators would not incur
costs for equipment because they are already operating in Class C
airspace at the Robert Mueller Municipal Airport.
The FAA has determined that moving the Class C airspace area from
the Robert Mueller Municipal Airport to the Austin-Bergstrom
International Airport would maintain the level of safety now existing
at the Austin-Bergstrom International Airport. The FAA has determined
that the proposed rule would be cost-beneficial.
Initial Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a
principle of regulatory issuance that agencies shall endeavor,
consistent with the objective of the rule and of applicable statutes,
to fit regulatory and informal requirements to the scale of business,
organizations, and governmental jurisdictions subject to regulation.''
To achieve that principle, the RFA requires agencies to solicit and
consider flexible regulatory proposals and to explain the rationale for
their actions.
All commercial and general aviation operators who presently use the
Robert Mueller Municipal Airport are currently equipped to use the
Austin-Bergstrom International Airport. There are only negligible costs
associated with this proposed rule in the form of printing and postage
of letters to airmen to inform them of the airspace change.
Accordingly, the FAA certifies that there is no significant economic
impact on a substantial number of small entities as a result of this
proposed rulemaking. The FAA solicits comments from affected entities
with respect to this finding and determination.
International Trade Impact Assessment
This proposed rule would not constitute a barrier to international
trade, including the export of U.S. goods and services to foreign
countries or the import of foreign goods and services into the United
States.
Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (the Act),
enacted as Public Law 104-4 on March 22, 1995, requires each Federal
agency, to the extent permitted by law, to prepare a written assessment
of the effects of any Federal mandate in a proposed or final agency
rule that may result in the expenditure of $100 million or more (when
adjusted annually for inflation) in any one year by state, local, and
tribal governments in the aggregate, or by the private sector. Section
204(a) of the Act, 2 U.S.C. 1534(a), requires the Federal agency to
develop an effective process to permit timely input by elected officers
(or their designees) of state, local, and tribal governments on a
proposed ``significant intergovernmental mandate.'' A ``significant
intergovernmental mandate'' under the Act is any provision in a Federal
agency regulation that would impose an enforceable duty upon state,
local, and tribal governments to expend in the aggregate of $100
million adjusted annually for inflation in any one year. Section 203 of
the Act, 2 U.S.C. 1533, which supplements section 204(a), provides
that, before establishing any regulatory requirements that might
significantly or uniquely affect small governments, the agency shall
have developed a plan that, among other things, provides for notice to
potentially affected small governments, if any, and for a meaningful
and timely opportunity to provide input in the development of
regulatory proposals.
This proposed rule does not contain any Federal intergovernmental
or private sector mandates. Therefore, the requirements of Title II of
the Unfunded Mandates Reform Act of 1995 do not apply.
[[Page 40671]]
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 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. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9E, Airspace Designations and
Reporting Points, dated September 10, 1997, and effective September 16,
1997, is amended as follows:
Paragraph 4000--Subpart C-Class C Airspace
* * * * *
ASW TX C Austin-Bergstrom International Airport, TX [NEW]
Austin-Bergstrom International Airport, TX
(lat. 30 deg.11'48''N., long. 97 deg.40'44''W.) BSM
That airspace extending upward from the surface to, and
including, 4,500 feet MSL within a 5-mile radius of the Austin-
Bergstrom International Airport, and that airspace extending upward
from 2,100 feet MSL to and including 4,500 feet MSL within a 10-mile
radius of the Austin-Bergstrom International Airport.
* * * * *
ASW TX C Austin, Robert Mueller Municipal Airport, TX [Removed]
* * * * *
Paragraph 5000--Subpart D-Class D Airspace
* * * * *
ASW TX D Austin-Bergstrom, TX [Removed]
* * * * *
Issued in Washington, DC, on July 24, 1998.
Reginald C. Matthews,
Acting Program Director for Air Traffic Airspace Management.
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[FR Doc. 98-20342 Filed 7-29-98; 8:45 am]
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