[Federal Register Volume 63, Number 160 (Wednesday, August 19, 1998)]
[Rules and Regulations]
[Pages 44374-44377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22244]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Airspace Docket No. 98-AWA-1]
RIN 2120-AA66
Revision of the Legal Description of the Memphis Class B Airspace
Area; Tennessee
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action revises the legal description of the Memphis, TN,
Class B airspace area by changing the point of origin of the airspace
area from the Memphis Very High Frequency Omnidirectional Range/
Tactical Air Navigation (VORTAC) to the VORTAC's present geographical
coordinate. The FAA is taking this action due to the relocation of the
Memphis VORTAC 2.85 nautical miles south of the site it currently
occupies. The intent of this action is to facilitate the relocation of
the Memphis VORTAC without changing the actual dimensions,
configuration, or operating requirements of the Memphis Class B
airspace area. The effective date of this rulemaking action will
coincide with the relocation of the Memphis VORTAC. The August 13,
1998, effective date does not correspond with a scheduled publication
date for the appropriate aeronautical charts. The Memphis Visual Flight
Rules (VFR) Terminal Area Chart and Memphis Sectional Aeronautical
Chart will be published on October 8, 1998, and will reflect this
rulemaking action.
EFFECTIVE DATE: 0901 UTC, August 19, 1998.
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 June 4, 1998, the FAA published a proposal, in the Federal
Register, to revise the legal description for the Memphis, TN, Class B
airspace area (63 FR 30427). Interested parties were invited to
participate in this rulemaking proceeding by submitting written
comments. No comments objecting to the proposal were received during
the comment period that closed on July 6, 1998. However, the FAA
received two
[[Page 44375]]
comments, from the Aircraft Owners and Pilots Association (AOPA) and
the Air Line Pilots Association (ALPA) after the close of the comment
period. An analysis of the comments received and the FAA's response are
discussed below.
Analysis of Comments
ALPA commented that the use of a geographical point of origin to
determine one's position is only practical for aircraft equipped with
LORAN or GPS. They are of the opinion that use of a geographical
``point of origin'' for this Class B airspace area would present a
human factors impact because the proposed airspace will appear to be
designed with fix radial distance which would be inaccurate unless the
airspace area is centered on a NAVAID. ALPA further states that not
centering the airspace area on a NAVAID would cause pilots to intrude
on the airspace area and degrade the safety of aircraft operations.
The FAA does not agree with this commenter. As described in the
Notice, the configuration (vertical and lateral limits) of the Memphis
Class B airspace area will remain the same and are not being changed by
this rulemaking effort. However, the relocated VORTAC cannot be used to
solely describe the airspace area description, which has not been
affected. Use of a geographic point of origin in the airspace
description will only eliminate the Memphis NAVAID as the point of
origin. The FAA does not believe that a revision to the legal
description of the airspace area, which does not alter the airspace
configuration, will contribute to inadvertent incursions or derogate
safety.
The FAA will disseminate information regarding the revised legal
description of the Memphis Class B 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. Also, the FAA's Southern Regional Office will distribute
Letters to Airmen that will advertise the revised description of the
airspace area, and discuss the change in legal description in users
forums that would be held in the local area.
AOPA maintains that the 30-day comment period for the notice was
not adequate and requests that the comment period be reopened for an
additional 60-days. AOPA also proposes that the FAA use a 90 day
comment period for airspace rulemaking proposals and review alternative
methods of providing notice to the flying public in addition to
publication in the Federal Register.
The FAA does not agree with this comment. The 30-day comment period
was adequate and is consistent with the FAA's timeframe policy for
airspace rules. Title 14 Code of Federal Regulations Section 11.65(d)
provides in part that ``approximately 30 days are allowed for
submitting written information, views or arguments on the notice.
Petitions for extension of the time for such comments are governed by
the provisions of Section 11.29(c).'' Although comments were received
outside the 30-day comment period, it was practicable and feasible to
consider and address them in this final rule. The FAA does not find a
need to reopen the comment period for this effort. To the extent, the
commenter would prefer a mandatory 90-day comment period applicable to
airspace rule proposals, that request may be submitted as a petition
for rulemaking. Regarding the use of the Federal Register to
disseminate rulemaking information, the FAA will continue to use the
Register as the predominate tool for announcing rulemaking efforts.
However, the FAA will explore other avenues, such as utilizing user
entities, to disseminate rulemaking information of this type.
AOPA maintains that the FAA has already acquired and installed a
VORTAC in a new location, as well as, flight checked and adjusted the
relevant airways and instrument approaches. AOPA contends that these
actions prejudged the outcome of the notice of proposed rulemaking for
the revision of the description of the Class B airspace area.
The FAA does not agree with this comment. The relocation of the
Memphis VORTAC, or any NAVAID in itself is not regulatory in nature.
This rulemaking effort is necessary to update and maintain an accurate
description of the Memphis Class B airspace area. The FAA reiterates
that the configuration of the Memphis Class B airspace area remains
unchanged. Currently, the legal description of the Memphis Class B
airspace area uses the former location of the NAVAID extensively to
describe its boundaries. The airspace description must be revised to
use a point in space which corresponds to the former geographic
location of the VORTAC. If this revision is not accomplished, the
location of the Class B airspace area will change when the VORTAC
becomes operational, which is contrary to the intent of this rulemaking
and will result in pilot confusion and potentially affect air safety.
AOPA also states that the proposed revision to the description of
the Memphis Class B airspace area will change the operational
requirements for aircraft navigating in and around the airspace area
and that pilots will no longer be able to navigate without RNAV
capability to determine their relative position. The commenter asserts
that the use of a geographic point in space to describe the airspace,
instead of the NAVAID, will eliminate a navigational tool for those
aircraft, operating in accordance with visual flight rules (VFR)
attempting to navigate around the airspace area using VOR/DME.
The FAA does not agree with this comment. VFR flight can be
conducted using a variety of navigation which does not depend
exclusively on a NAVAID being the center of this airspace area. As
stated in the proposal for this effort, the vertical or lateral limits
of the existing Memphis Class B airspace area are not being changed.
The proposed is in response to the relocation of the NAVAID previously
used to describe the boundaries of the existing airspace area. The FAA
believes that relocating the NAVAID does not compromise the airspace
area. The current geographical landmarks used by pilots navigating in
accordance with VFR flight rules to determine their position relative
to the airspace area remain intact. These landmarks were selected with
the assistance of local user groups when the Class B airspace area was
established. The FAA believes that flight in the area can be conducted
without the sole reliance on the NAVAID when appropriately planned for
during preflight preparation. Additionally, future aeronautical charts
depicting the airspace area will reflect mileage from the airspace
areas point of origin, and, wherever possible, from the new NAVAID
location as well as an accompanying chart that will depict latitude/
longitude and fix radial distance information. Further, the FAA will
disseminate information regarding the revised legal description of the
Memphis Class B 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. Also,
the FAA's Southern Regional Office will distribute Letters to Airmen
that will advertise the revised description of the airspace area, and
discuss the change in legal description in user forums that would be
held in the local area.
AOPA notes that the FAA has used local user groups to assist with
the determination of the points to be depicted to benefit VFR
navigation. The commenter maintains that the FAA did not follow its own
policy of working
[[Page 44376]]
with local user groups prior to a regulatory proposal, with regard to
the proposed relocation of the Memphis VORTAC.
The FAA does not agree with this comment. The FAA does not consult
with user groups and the public regarding the installation or
relocation of navigational aids. This rulemaking action revises the
airspace description to reflect the fact that the Memphis VORTAC cannot
be used any longer to accurately describe the airspace.
AOPA asks that the FAA delay commissioning of the new VORTAC until
the airspace is realigned or until the general aviation user concerns
are adequately mitigated.
The FAA disagrees that the commissioning of the new VORTAC should
be delayed until the airspace is realigned. The Memphis Class B
airspace area is not dependent upon the location of a VORTAC. However,
the FAA continuously reviews Class B airspace areas and will review the
Memphis Class B airspace in the future.
The Rule
Due to the relocation of the Memphis, TN, VORTAC 2.85 nautical
miles south of its current location, the FAA is revising the legal
description for the Memphis, TN, Class B airspace area by changing the
point of origin from the Memphis VORTAC navigational aid to the
VORTAC's current geographical coordinate. Relocating the navigational
aid affects the legal description of the airspace area. Except for
editorial changes and minor adjustments to the geographic coordinates
for the Memphis International Airport, this rule is the same as that
proposed in the notice. This action does not change the vertical or
lateral limits of the existing Memphis Class B airspace area.
The Memphis VORTAC will be operational on August 13, 1998. In order
to avoid pilot confusion and to make pilots immediately aware of the
revised legal description of the Memphis Class B airspace area, the FAA
finds that good cause exists, pursuant to 5 U.S.C (d), for making this
amendment effective in less than 30 days. The August 13, 1998,
effective date does not correspond with a scheduled publication date
for the appropriate aeronautical charts. In the interim, the FAA will
disseminate information regarding the revised legal description of the
Memphis Class B 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 revised description of the
airspace area. The Memphis VFR Terminal Area Chart and Memphis
Sectional Aeronautical Chart will be published on October 8, 1998, and
will reflect this rulemaking action.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) I not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
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--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 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 3000--Subpart B-Class B Airspace
* * * * *
ASO TN B Memphis, TN [Revised]
Memphis International Airport (Primary Airport)
(Lat. 35 deg.02'37'' N., long. 89 deg.58'36'' W.)
Point of Origin
(Lat. 35 deg.03'46'' N., long. 89 deg.58'54'' W.)
Boundaries
Area A. That airspace extending upward from the surface to and
including 10,000 feet MSL within a 7-mile arc of the Point of Origin
extending clockwise from the 075 deg. bearing from the Point of
Origin to the 275 deg. bearing from the Point of Origin and within a
5-mile arc of the Point of Origin extending clockwise from the
275 deg. bearing from the Point of Origin to the 075 deg. bearing
from the Point of Origin.
Area B. That airspace extending upward from 1,800 feet MSL to
and including 10,000 feet MSL within the area bounded by a line
beginning at the 037 deg. bearing 13-mile position from the Point of
Origin; thence southward to the 052 deg. bearing 10-mile position
from the Point of Origin; then clockwise on the 10-mile arc until
intercepting the 126 deg. bearing from the Point of Origin; then
extending southward until intercepting the 147 deg. bearing 15-mile
position from the Point of Origin; thence clockwise on the 15-mile
arc until intercepting the 211 deg. bearing from the Point of
Origin; thence northward until intercepting the 226 deg. bearing 11-
mile position from the Point of Origin; thence clockwise on the 11-
mile arc until intercepting the 312 deg. bearing from the Point of
Origin; thence northbound until intercepting the 321 deg. bearing
13-mile arc from the Point of Origin; thence clockwise on the 13-
mile arc to the point of beginning and excluding that airspace
within Area A.
Area C. That airspace extending upward from 3,000 feet MSL to
and including 10,000 feet MSL within a 20-mile radius of the Point
of Origin and excluding that airspace within Areas A and B.
Area D. That airspace extending upward from 5,000 feet MSL to
and including 10,000 feet MSL within a 30-mile radius of the Point
of Origin, excluding that airspace northwest of a line from the
295 deg. bearing 30-mile position from the Point of Origin to the
352 deg. bearing 30-mile position from the Point of Origin,
excluding that airspace southeast of a line from the 114 deg.
bearing 30-mile position from the Point of Origin to the 157 deg.
bearing 30-mile position from the Point of Origin and excluding that
airspace within Areas A, B, and C.
* * * * *
Issued in Washington, DC, on August 13, 1998.
Reginald C. Matthews,
Acting Program Director for Air Traffic Airspace Management.
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[FR Doc. 98-22244 Filed 8-13-98; 5:07 pm]
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